in the Interest of T.H. ( 2015 )

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