in the Interest of I. S. v. Department of Family and Protective Services ( 2015 )

ACCEPTED
01-15-00136-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/22/2015 10:55:52 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00136-CV
In the Courts of Appeals for the
First District of Texas at Houston, Texas
___________________________________ FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In the Interest of I.S. 5/22/2015 10:55:52 AM
----------------------------------- CHRISTOPHER A. PRINE
Clerk
T.S., Appellant
v.
DEPARTMENT OF FAMILY &
PROTECTIVE SERVICES, Appellee
___________________________________
On appeal from the Harris County District Court
315th Judicial District; No. 2014-00465J
____________________________________

WAIVER OF OPPORTUNITY TO
RESPOND TO APPELLANT’S ANDERS BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes now the Department of Family & Protective Services (hereinafter
“Department”), by the undersigned assistant county attorney, and respectfully waives
the opportunity to file a brief in response to the Anders brief filed by counsel for
Appellant. The Department would respectfully show the Court the following:
I.
In keeping with the requirements of Anders v. California, 386 U.S. 738, 87
S. Ct. 1396 (1967), which this court held was applicable to parental termination
cases, counsel for the appellant has filed a brief containing the conclusion that
there is no arguable grounds for appeal and indicates that this appeal is frivolous.
The electronic website for this court indicates a letter was sent by this court on
April 27, 2015 advising Appellant that an Anders Brief was filed by his attorney
and that Appellant could file a response by May 26, 2015.
II.
Review of the appellant’s brief reveals no question of constitutional dimension
or other issue requiring review in the interest of justice.
THEREFORE, the DFPS waives the opportunity to file a response to the
Anders brief filed by the attorney for appellant and moves the Court to affirm the trial
court’s judgment.
Respectfully submitted,
VINCE RYAN
COUNTY ATTORNEY
By: /s/ Sandra Hachem
Sandra D. Hachem
Sr. Assistant County Attorney
State Bar #08667060
1019 Congress, 17th Floor
Houston, Texas 77002
Phone: 713/274-5293
Fax: 713/437-4700
Email: sandra.hachem@cao.hctx.net
Attorney for Appellee,
Department of Family
& Protective Services
CERTIFICATE OF SERVICE
I hereby certify that on this the 22nd day of May a true and correct copy of
the foregoing document was sent to all parties to this appeal by sending a copy of
this document by electronic transmission to Appellant, T.S., by and through her
attorney of record, Stephen Pierce, at his email address of spiercelaw@gmail.com
and a copy was also sent to the attorney ad litem for the Child, Valeria Brock, at
valeria.lee.brock@gmail.com.
/s/ Sandra Hachem
Sandra D. Hachem