Opinion
No. 04-14-00608-CV
02-04-2015
IN THE INTEREST OF J.C.R. and J.D.D., Children
MEMORANDUM OPINION
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-PA-02092
Honorable Charles E. Montemayor, Judge Presiding
Opinion by: Marialyn Barnard, Justice Sitting: Marialyn Barnard, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice MOTION TO WITHDRAW GRANTED; AFFIRMED
The Honorable Laura Salinas is the judge of the 166th Judicial District Court, Bexar County, Texas. However, the order of termination was signed by Associate Judge Charles E. Montemayor.
Appellant mother appeals the trial court's judgment terminating her parental rights to her children, J.C.R. and J.D.D. The Texas Department of Family and Protective Services ("the Department") moved to have appellant's parental rights terminated. After a bench trial, the trial court found mother's parental rights should be terminated because she violated various provisions of section 161.001(1) of the Texas Family Code. See generally TEX. FAM. CODE ANN. § 161.001(1) (West 2014). The trial court further determined termination would be in the best interests of the children pursuant to section 161.001(2). Id. § 161.001(2).
Appellant's court-appointed appellate attorney has filed a motion to withdraw and a brief containing a professional evaluation of the record demonstrating there are no arguable grounds to be advanced and concluding the appeal is frivolous. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, *4 (Tex. App.—San Antonio May 21, 2003, order) (applying Anders procedure to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.). Mother was provided a copy of the brief and informed of her right to obtain a copy of the appellate record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio July 23, 1997, no pet.); In re R.R., 2003 WL 21157944, at *4. Appointed counsel provided mother with a form which she could sign, date, and file with this court in order to obtain a copy of the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Mother filed neither a request for the record nor a pro se brief.
We have reviewed the record and the attorney's brief and we agree with counsel that the appellate points do not present a substantial question for appellate review. Accordingly, we hold the trial court did not err in terminating mother's parental rights. We grant the motion to withdraw and affirm the trial court's judgment.
Marialyn Barnard, Justice