Background
The trial court terminated the parental rights of the mother of children A.V. and B.L. based on the mother’s signed irrevocable affidavit of voluntary relinquishment. The trial court also terminated the rights of the children’s father and alleged father. Only the mother appealed, represented by court-appointed counsel.
On appeal, the mother argued pro se that she had executed the relinquishment affidavit under duress, claiming she was “manipulated through fear, pressure, and false hope” and believed she might regain custody within two years if the children were not adopted. The affidavit itself included a handwritten provision for post-termination contact between the children and mother while in state care.
The Court’s Holding
The Eleventh Court of Appeals affirmed the trial court’s termination order. The court held that when termination is based on an unrevoked affidavit of relinquishment, appellate review is limited to issues of fraud, duress, or coercion. An affidavit complying with Texas Family Code § 161.103 is prima facie evidence of its validity. The mother, as the party challenging the affidavit, bore the burden of proving by a preponderance of evidence that it was executed through fraud, duress, or coercion.
The court found that the mother’s affidavit met all statutory requirements and was admitted without objection at trial. Critically, the mother failed to file a motion for new trial developing a record to support her duress claim. Upon independent review, the court concluded the mother had not met her burden of proof. The appeal was therefore without merit.
Additionally, the court addressed the appointed counsel’s motion to withdraw, holding that in parental termination cases, appointed counsel’s duty extends through exhaustion of all appeals, including petition for review. Accordingly, the court denied counsel’s motion to withdraw.
Key Takeaways
- Appellate review of termination orders based on valid relinquishment affidavits is narrowly confined to claims of fraud, duress, or coercion
- A compliant relinquishment affidavit is prima facie valid; the burden rests on the parent to prove by preponderance of evidence that it was executed under duress or fraud
- Unsupported claims of manipulation or pressure, without developed evidence in the trial court record, are insufficient to overcome the affidavit’s prima facie validity
- Appointed counsel in parental termination cases must continue representation through petition for review; Anders motions to withdraw may be premature in this context
Why It Matters
This decision clarifies the limited scope of appellate review for terminations based on parental relinquishment affidavits and the substantial evidentiary burden parents must meet to challenge them. Because relinquishment affidavits are frequently used in Texas child welfare cases, this holding has significant implications for parents who later claim they were coerced or manipulated into signing. The decision establishes that vague allegations of pressure or false hope—without documented evidence developed at trial—will not suffice to overturn an otherwise valid affidavit.
The court’s holding regarding appointed counsel’s continuing duty through petition for review also affects the procedural landscape in termination appeals, ensuring parents retain representation at the final appellate stage rather than being left unrepresented when pursuing discretionary review.