in the Interest of J. S. a Child v. Department of Family and Protective Services

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of J. S., A Child

Appellate case number: 01-19-00146-CV

Trial court case number: 2018-00409J

Trial court: 314th District Court of Harris County

This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue (“parental termination case”) for both the mother and the father of the child, J.S. On April 4, 2019, appointed counsel for the father, H.L.S., filed his appellant’s brief on the merits. On April 16, 2019, Michellé Placzek, appointed counsel for the mother, A.H., filed an appellant’s brief concluding that the abovereferenced appeal by the mother is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); In re K.D., 127 S.W.3d 66, 67 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (Anders procedures are appropriate in a parental termination appeal).

However, although counsel’s Anders brief states that she is filing a motion to withdraw and has complied with all Anders requirements, counsel has neither filed a motion to withdraw with the Clerk of this Court nor provided a certificate of service of the Anders brief and motion to withdraw on the pro se appellant, A.H., with her last known address. If appointed counsel believes that an appeal is frivolous, counsel must request permission to withdraw. See Anders, 386 U.S. at 744. An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See id.

Accordingly, the Court orders appellant’s appointed counsel, Michellé Placzek, to file the required motion to withdraw and certificate of service of the brief and motion on the pro se appellant, A.H., with the Clerk of this Court within 5 days of the date of this order. See TEX. R. APP. P. 6.5.

It is so ORDERED.

Judge’s signature: ___/s/ Evely V. Keyes___ x Acting individually Acting for the Court Date: __April 23, 2019____________________