in the Interest of J.D.H. and D.M.D.C., Children

Opinion

Fourth Court of Appeals San Antonio, Texas December 6, 2018

No. 04-18-00647-CV

IN THE INTEREST OF J.D.H. AND D.M.D.C., CHILDREN,

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2017PA01776 Honorable Richard Garcia, Judge Presiding

ORDER Appellant appeals the trial court’s termination of her parental rights. Appellant’s court- appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.). In compliance with the procedure set out in Anders, appellant’s attorney has shown that he sent a letter to appellant, which explained her right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re R.R., 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that he had enclosed copy of the brief. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4.

Counsel’s letter also advised appellant that if she wished to review the appellate record, she must file a motion in this court. Counsel also enclosed a form motion for this purpose. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4. To date, no request for the record has been filed.

If appellant desires to file a pro se brief, we ORDER that she do so on or before December 28, 2018. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of December, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court