Court of Appeals of Texas, Third District, Austin
J. H. B., Appellant
Texas Department of Family and Protective Services, Appellee
THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL
DISTRICT NO. C160053CPS, HONORABLE GARY L. BANKS, JUDGE
Justices Puryear, Pemberton, and Bourland
an appeal from a final decree, following a bench trial,
terminating the parental rights of a mother, J.H.B., to her
child, C.C.M., who was approximately seventeen months old at
the time of trial. J.H.B.'s court-appointed counsel has
filed an Anders brief, concluding that the appeal is
frivolous and without merit. Counsel's brief meets the
requirements of Anders by presenting a professional
evaluation of the record and demonstrating that there are no
arguable grounds for appeal. J.H.B. was provided with a copy
of counsel's brief and was advised of her right to
examine the appellate record and to file a pro se brief. No
pro se brief has been filed.
termination trial, the district court heard evidence tending
to show that J.H.B. had used methamphetamine while she was
pregnant with C.C.M. and that she had continued to use
methamphetamine and other drugs while this case was ongoing.
Other evidence tended to show that J.H.B. had exposed C.C.M.
to domestic violence during J.H.B.'s relationship with
the child's father, C.M., who had, according to the
evidence presented, assaulted J.H.B. on multiple occasions,
including on one occasion when J.H.B. was holding the child
in her arms.
Department also presented evidence that it had placed C.C.M.
with the child's maternal grandmother, C.B., and that the
child was "doing great" in the current placement.
Katie Wahrmund-Gould, the conservatorship caseworker assigned
to this case, testified that C.B. had demonstrated the
ability to, among other things, provide for the child's
emotional and physical needs, ensure that the child lived in
a safe and appropriate environment, and provide appropriate
parenting. Wahrmund-Gould also testified that C.B.
"would like to adopt [C.M.]" and that she believed
C.B. "has every intention of keeping that little boy
happy, healthy, [and] safe."
conclusion of trial, the district court found by clear and
convincing evidence that termination of J.H.B.'s.
parental rights was in the best interest of the child and
that J.H.B. had: (1) knowingly placed or knowingly allowed
the child to remain in conditions or surroundings which
endangered the physical or emotional well-being of the child;
(2) engaged in conduct or knowingly placed the child with
persons who engaged in conduct which endangered the physical
or emotional well-being of the child; (3) failed to comply
with the provisions of a court order that specifically
established the actions necessary for the mother to obtain
the return of the child; and (4) used a controlled substance
in a manner that endangered the health or safety of the child
and failed to complete a court-ordered substance abuse
treatment program. The district court subsequently terminated
J.H.B.'s parental rights. This appeal followed.
reviewed the record and counsel's brief and agree that
the appeal is frivolous and without merit. We find nothing in
the record that might arguably support the appeal. We affirm
the district court's termination decree.
 See Anders v. California, 386
U.S. 738, 744 (1967); see also Taylor v. Texas Dep't
of Protective & Regulatory Servs., 160 S.W.3d 641,
646-47 (Tex. App.-Austin 2005, pet. denied) (applying
Anders procedure in appeal from termination of
 See Anders, 386 U.S. at 744;
Taylor, 160 S.W.3d at 646-47.
See Tex. Fam. Code §
161.001(b)(1)(D), (E), (O), (P), ...