M.C. v. Texas Department of Family & Protective Services

OPINION

McCLURE, Justice.

This is an appeal from a judgment terminating the parental rights of M.C., the child’s biological mother. As a preliminary matter, we are reviewing the trial court’s determination made pursuant to Section 263.405(d) of the Texas Family Code that the appeal is frivolous. In addition to alleging that the appeal is not frivolous, M.C. challenges the constitutionality of those provisions in the Texas Family Code (1) which allow the trial court-rather than the appellate court — to determine whether the appeal is frivolous, and (2) which impose restrictions on the right to…