in the Interest of T.H.

• Court: Court of Appeals of Texas
• Decided: November 12, 2015
• Docket: 09-15-00246-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00246-CV ____________________

IN THE INTEREST OF T.H. ________________________________________________________________________

On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 14-04-03973 CV ________________________________________________________________________

MEMORANDUM OPINION

C.H. appeals from an order terminating her parental rights to her minor

child, T.H.1 The trial court found, by clear and convincing evidence, that statutory

grounds exist for termination of C.H.’s parental rights and that termination of

C.H.’s parental rights would be in the best interest of the child. See Tex. Fam.

Code Ann. § 161.001(1)(E), (N), (O), (2) (West 2014).

C.H.’s court-appointed appellate counsel submitted a brief in which counsel

contends there are no arguable grounds to be advanced on appeal. See Anders v.

1 To protect the identity of the minor, we use the initials for the child and the child’s mother. See Tex. R. App. P. 9.8(b)(2). 1 California, 386 U.S. 738 (1967); In re L.D.T., 161 S.W.3d 728, 731 (Tex. App.—

Beaumont 2005, no pet.). The brief provides counsel’s professional evaluation of

the record. Counsel certified that C.H. was served with a copy of the Anders brief

filed on her behalf. This Court notified C.H. of her right to file a pro se response,

as well as the deadline for doing so. This Court did not receive a pro se response.

We have independently reviewed the appellate record and counsel’s brief,

and we agree that any appeal would be frivolous. We find no arguable error

requiring us to order appointment of new counsel to re-brief this appeal. Compare

Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial

court’s order terminating C.H.’s parental rights, and we grant counsel’s motion to

withdraw.2

AFFIRMED.

_________________________ LEANNE JOHNSON Justice

Submitted on November 10, 2015 Opinion Delivered November 12, 2015

Before McKeithen, C.J., Horton and Johnson, JJ. 2 With respect to withdrawing from the case, counsel shall inform C.H. of the outcome of this appeal and inform her that she has the right to file a petition for review with the Texas Supreme Court. See Tex. R. App. P. 53; In the Interest of K.D., 127 S.W.3d 66, 68 n.3 (Tex. App.—Houston [1st Dist.] 2003, no pet.). 2