in the Interest of A. R. Child v. Department of Family and Protective Services

Court of Appeals of Texas·Decided July 20, 2021·No. 01-21-00263-CV·Published

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of A.R., a Child

Appellate case number: 01-21-00263-CV

Trial court case number: 2020-27937

Trial court: 313th District Court of Harris County

This is an appeal from the trial court’s final decree of termination in a suit brought by the Department of Family and Protective Services to terminate the parent-child relationship. Appellant, J.C., is the father of the child at issue in the suit. Appellant’s courtappointed counsel has moved to withdraw and filed an Anders brief, concluding that the appeal is without merit and there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738, 744 (1967).

Although counsel’s Anders brief remains pending, we deny counsel’s motion to withdraw because this is a parental termination case. See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (holding that Anders brief in parental termination case is not alone “good cause” sufficient to justify counsel’s withdrawal); In re A.M., 495 S.W.3d 573, 582-83 (Tex. App.—Houston [1st Dist.] 2016, pet. denied). Counsel’s duties to his client extends through the exhaustion or waiver of “all appeals.” In re A.M., 495 S.W.3d at 583 (citing TEX. FAM. CODE § 107.016). If appellant chooses to pursue a petition for review to the Supreme Court of Texas, his “appointed counsel’s obligations can be satisfied by filing a petition for review that satisfies the standards for an Anders brief.” In re P.M., 520 S.W.3d at 27–28.

It is so ORDERED.

Judge’s signature: ____/s/ Gordon Goodman_______ Acting individually

Date: ____July 20, 2021_____

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
in the Interest of P.M., a Child
520 S.W.3d 24 (Texas Supreme Court, 2016)
In the INTEREST OF A.M. & A.M., Children
495 S.W.3d 573 (Court of Appeals of Texas, 2016)