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M.C. v. TEXAS DEPT. OF FAM. & PROT. SERV.

No. 08-08-00053-CV.

300 S.W.3d 300 (2008)

M.C., Appellant, v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.

Court of Appeals of Texas, El Paso.

December 11, 2008.

Attorney(s) appearing for the Case

John D. Gates, El Paso, for Appellant.

Lyda Ness-Garcia, Bernardo Gonzalez, Rosendo Torres, El Paso, Trevor Woodrull, Office of Gen. Counsel, Austin, for Appellee.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

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...

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