in the Interest of M.D.C., II Children

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00606-CV

In the Interest of M.D.C. and M.F.C., Children From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-00280

Honorable Peter A. Sakai, Judge Presiding Opinion by: Irene Rios, Justice

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: May 26, 2021

AFFIRMED; MOTION TO WITHDRAW DENIED

This is an appeal from a judgment terminating appellant’s parental rights to two minor children, M.D.C. and M.F.C. Appellant’s court-appointed appellate counsel has filed a motion to withdraw and a brief discussing the applicable law and evaluating the entire record in this case. Counsel concludes no non-frivolous grounds can be advanced to support reversal of the trial court’s judgment. Counsel’s brief satisfies the requirements of Anders v. California, 386 U.S. 738 (1967). See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (noting Anders procedures apply in parental termination cases); In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, no pet.) (same). Counsel provided appellant a copy of his brief and advised appellant of his right to review the record and file a pro se brief. We set deadlines for appellant to request the record and file a pro se brief and advised him of these deadlines. Appellant did not request the record or file a pro se brief.

After conducting an independent review of the entire record in this case, we conclude this appeal is frivolous. Therefore, we affirm the trial court’s termination judgment. However, we deny counsel’s motion to withdraw. See In re P.M., 520 S.W.3d at 27 (noting that in parental termination cases court-appointed counsel’s duty to his client generally extends “through the exhaustion of appeals” “including the filing of a petition for review” in the Texas Supreme Court). If appellant desires to pursue this matter in the Texas Supreme Court, counsel may fulfill his duty “by filing a petition for review that satisfies the standards for an Anders brief.” See id. at 28 & n.14.

Irene Rios, Justice