in the Interest of C. D. v. Department of Family and Protective Services

Opinion

Opinion issued December 17, 2015

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-00713-CV ——————————— IN THE INTEREST OF C.D., Appellant

On Appeal from the 315th District Court Harris County, Texas Trial Court Case No. 2014-03650J

MEMORANDUM OPINION

Appellant, O.J., appeals the trial court’s final order terminating her parental

rights to the minor child, C.D. Appellant’s appointed counsel has filed a motion to

withdraw, along with an Anders brief, asserting that the appeal is without merit and

that there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). We affirm the trial court’s judgment and grant counsel’s

motion to withdraw.

The procedures set forth in Anders are applicable to an appeal from a trial

court’s order terminating parental rights when, as here, the appellant’s appointed

appellate counsel concludes that there are no non-frivolous issues to assert on appeal.

See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009, pet. denied); In

re K.D., 127 S.W.3d 66, 67 (Tex. App.—Houston [1st Dist.] 2003, no pet.).

Counsel has filed an Anders brief in which he concludes that, after a thorough

review of the record, appellant’s appeal of the termination of her parental rights is

frivolous and without merit. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; K.D.,

127 S.W.3d at 67. Counsel has certified that he delivered a copy of the brief to

appellant and has informed appellant of her right to examine the appellate record and

to file a response. See K.D., 127 S.W.3d at 67. This Court has also notified appellant

of her right to review the record and file a pro se response. Appellant has not filed

a response.

We have independently reviewed the entire record and counsel’s Anders brief.

See K.D., 127 S.W.3d at 67. We agree with counsel’s assessment that the appeal is

frivolous and without merit.

2 Accordingly, we affirm the judgment of the trial court and grant counsel’s

motion to withdraw.1 Attorney, Stephen M. Pierce, must immediately send the notice

required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of the notice

with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).

We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Higley, Huddle, and Lloyd.

1 Appointed counsel still has a duty to inform appellant of the result of this appeal and notify appellant that she may, on her own, pursue a petition for review in the Supreme Court of Texas. See In re K.D., 127 S.W.3d 66, 68 n.3 (Tex. App.— Houston [1st Dist.] 2003, no pet.). 3