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Click here for the full text of this decision FACTS:A woman’s parental rights to her three children were terminated. She filed a pro se notice of appeal, but her appointed counsel filed an Anders appellate brief concluding that no arguable grounds existed for appeal. He also filed a motion to withdraw from representing the woman. The woman argues that Anders v. California, 386 U.S. 738 (1967), does not apply to appeals from orders terminating parental rights. HOLDING:Affirmed. Anders arose out of the tension between a lawyer’s duty to zealously defend his client and his duty not to file a frivolous appeal. An attorney in that situation may file a brief outlining the reasons why the appeal is frivolous. The court notes that some state courts have refused to extend Anders to the setting of terminating parental rights. Texas appellate courts and many other state courts have. Though the Texas Supreme Court has not addressed the issue, the court notes that in a 2003 case, the court extended the Strickland test for effective assistance of counsel to termination of parental rights cases. Like the effective right to counsel, Anders derives from the Sixth Amendment right to counsel. In another case, the court extended Anders to juvenile-delinquency proceedings because of the quasi-criminal nature of those proceedings. “Accordingly, we hold that the procedures set forth in Anders are applicable to an appeal of the termination of parental rights when an appointed attorney concludes that there are no non-frivolous issues to assert on appeal.” The court thus reviews the record and the Anders brief and agrees that the woman’s appeal is frivolous and wholly without merit. OPINION:Kem Thompson Frost, J.; Hedges, Frost and Guzman, JJ. , J.; Hedges, Frost and Guzman, JJ.

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