Opinion
01-24-00075-CV
05-10-2024
In the Interest of A. F. aka A. N. F. a child
313th District Court of Harris County, No. 2018-05250J
ORDER
Peter Kelly, Judge
Appellant's counsel has filed an Anders brief in this appeal from an order of termination of parental rights. Anders procedures are applicable to an appeal from the termination of parental rights when an appointed attorney concludes that there are no non-frivolous issues to be raised on appeal. See In re D.E.S., 135 S.W.3d 326, 329 (Tex. App-Houston [14th Dist] 2004, no pet.). To comply with Anders, counsel must notify his client of his or her right to file a pro se response to the Anders brief and to access the appellate record.
On April 9, 2024, the Court issued a letter to appellant, with a copy sent to counsel, advising appellant of his right to file a pro se response and attaching a form motion for access to the record. The Court included a notice to counsel that he should (1) make arrangements, within five days from the date of receiving Appellant's request for a copy of the record, to forward a copy of the record to appellant and (2) confirm that appellant received the record and "notify the court in writing that counsel has confirmed that appellant has received a copy of the record." On April 8, 2024, counsel advised the Court that an electronic copy of the record had been mailed to appellant at his last known address but that written confirmation of receipt had not been received by counsel.
The letter issued by the Court on April 9, 2024 to appellant was returned undeliverable.
Counsel is ordered to file in this Court within 10 days of the date of this order, a copy of his notice to appellant of appellant's right to file a pro se response, an updated address for appellant, if any, and an updated confirmation of appellant's receipt of the record.
It is so ORDERED.