in the Interest of E.J.M.K., a Child ( 2019 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-19-00079-CV
    IN THE INTEREST OF E.J.M.K., a Child
    From the 224th Judicial District Court, Bexar County, Texas
    Trial Court No. 2018PA00825
    Honorable Richard Garcia, Judge Presiding
    Opinion by:       Rebeca C. Martinez, Justice
    Sitting:          Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Beth Watkins, Justice
    Delivered and Filed: August 7, 2019
    MOTION TO WITHDRAW DENIED; AFFIRMED
    Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights
    to her child, E.J.M.K. Mother’s court-appointed appellate counsel filed a motion to withdraw and
    a brief containing a professional evaluation of the record, concluding there are no arguable grounds
    for reversal of the termination order. The brief minimally 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
    that Anders procedures apply in parental termination cases). Additionally, counsel represents that
    he provided Mother with a copy of the brief and the motion to withdraw, advised Mother of her
    right to review the record and file her own brief, and informed Mother how to obtain a copy of the
    record, providing her with a form motion for access to the appellate record. We issued an order
    04-19-00079-CV
    setting a deadline for Mother to file a pro se brief. However, Mother did not request the appellate
    record or file a pro se brief.
    After reviewing the appellate record and appointed counsel’s brief, we conclude no
    plausible grounds exist for reversal of the termination order. Accordingly, we affirm the trial
    court’s termination order. Because appointed counsel has not asserted any ground for withdrawal
    other than his conclusion that the appeal is frivolous, we deny the motion to withdraw. See 
    id. at 27–28
    (holding that counsel’s obligations in parental termination cases extend through exhaustion
    or waiver of all appeals, including filing petition for review in Texas Supreme Court).
    Rebeca C. Martinez, Justice
    -2-
    

Document Info

Docket Number: 04-19-00079-CV

Filed Date: 8/7/2019

Precedential Status: Precedential

Modified Date: 8/8/2019