S. N. G. v. the Texas Department of Family and Protective Services ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00683-CV
S. N. G., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. D-1-FM-12-005318, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING
MEMORANDUM OPINION
S.N.G. appeals the trial court’s final decree terminating her parental rights to her
child G.Y.1 The case was tried to the bench, and S.N.G. did not appear for any portion of the trial.
In its final decree of termination, the trial court found by clear and convincing evidence that
termination of S.N.G.’s parental rights was in the best interest of her child and that S.N.G. had
failed to comply with the provisions of a court order that specifically established the actions
necessary for her to obtain the return of her child. See Tex. Fam. Code § 161.001(1)(O), (2).
S.N.G.’s court-appointed attorney has filed a motion to withdraw and a brief
concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738,
744 (1967); Taylor v. Texas Dep’t of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex.
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We refer to the mother and her child by their initials only. See Tex. Fam. Code
§ 109.002(d); Tex. R. App. P. 9.8.
App.—Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental
rights). Counsel’s brief meets the requirements of Anders by presenting a professional evaluation
of the record and demonstrating why there are no arguable grounds to be advanced on appeal. See
386 U.S. at 744; Taylor, 160 S.W.3d at 646–47. Counsel certified to this Court that he provided
S.N.G. with a copy of the brief and motion for withdrawal of counsel and informed her of her right
to review the record and file her own brief. To date, S.N.G. has not filed a pro se brief.
We have reviewed the record and counsel’s brief. We agree that the appeal is
frivolous and without merit. Accordingly, we grant counsel’s first amended motion to withdraw
and affirm the trial court’s final decree of termination.
__________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Goodwin, and Field
Affirmed
Filed: February 20, 2014
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