in the Interest of S.M.H., Children ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00242-CV
IN THE INTEREST OF S.M.H. and J.M., Children
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2018PA01398
Honorable Charles E. Montemayor, Judge Presiding
Opinion by: Sandee Bryan Marion, Chief Justice
Sitting: Sandee Bryan Marion, Chief Justice
Patricia O. Alvarez, Justice
Beth Watkins, Justice
Delivered and Filed: September 11, 2019
AFFIRMED
Appellant R.H. appeals the trial court’s order terminating his parental rights to his children,
S.M.H. and J.M. Appellant’s court-appointed counsel filed a motion to withdraw and a brief in
which he concluded there are no arguable grounds to be raised on appeal. The brief satisfies the
requirements of Anders v. California, 386 U.S. 738 (1967). See In re P.M., 520 S.W.3d 24, 27
n.10 (Tex. 2016) (recognizing Anders procedures apply in parental termination cases).
Additionally, counsel certified he sent appellant a copy of the brief and the motion to withdraw,
advised appellant of his right to review the record and file his own brief, and provided appellant a
form motion to request access to the record. This court issued an order setting deadlines for
appellant to request the record and file a pro se brief; however, appellant did not request the record
or file a pro se brief.
04-19-00242-CV
After reviewing the record and counsel’s brief, we agree there are no arguable grounds to
be raised on appeal. Therefore, we affirm the trial court’s order. We deny counsel’s motion to
withdraw because he does not assert any ground for withdrawal other than his conclusion that the
appeal is frivolous. See id. at 27–28 (holding counsel’s obligations in parental termination cases
extend through the exhaustion or waiver of all appeals, including the filing of a petition for review
in the Texas Supreme Court).
Sandee Bryan Marion, Chief Justice
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