In the Interest of Z.J., N. J., Children v. the State of Texas ( 2023 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-23-00667-CV
    IN THE INTEREST OF Z.J. and N.J., Children
    From the 45th Judicial District Court, Bexar County, Texas
    Trial Court No. 2022-PA-00579
    Honorable Raul Perales, Judge Presiding
    Opinion by:       Beth Watkins, Justice
    Sitting:          Luz Elena D. Chapa, Justice
    Beth Watkins, Justice
    Lori I. Valenzuela, Justice
    Delivered and Filed: December 20, 2023
    AFFIRMED; MOTION TO WITHDRAW DENIED
    Appellant R.C. appeals the trial court’s June 21, 2023 order terminating his parental rights
    to his son, N.J., and appointing him possessory conservator of his daughter, Z.J. His 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 trial court’s
    order. 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) (per curiam) (recognizing that Anders procedures apply
    in parental termination cases). Additionally, counsel represents that he provided R.C. with a copy
    of the brief and the motion to withdraw, advised R.C. of his right to review the record and file his
    own brief, and informed R.C. how to obtain a copy of the record, providing him with a form motion
    04-23-00667-CV
    for access to the appellate record. On September 27, 2023, we granted R.C.’s request for a copy of
    the appellate record, and on November 7, 2023, R.C. filed a pro se brief.
    After reviewing the appellate record, appointed counsel’s Anders brief, and R.C.’s pro se
    brief, we conclude no plausible grounds exist for reversal of the trial court’s order. Accordingly,
    we affirm the trial court’s order. We deny counsel’s motion to withdraw because it does not show
    good cause for withdrawal. See 
    id.
     at 27 & n.7 (holding that counsel’s obligations in a parental
    termination case extend through exhaustion or waiver of all appeals and that withdrawal should be
    permitted by a court of appeals “only for good cause” (citing TEX. R. CIV. P. 10)).
    Beth Watkins, Justice
    -2-
    

Document Info

Docket Number: 04-23-00667-CV

Filed Date: 12/20/2023

Precedential Status: Precedential

Modified Date: 12/26/2023