in the Interest of Z.M.M., a Child

Fourth Court of Appeals San Antonio, Texas

September 9, 2021

No. 04-21-00281-CV IN THE INTEREST OF Z.M.M., A CHILD,

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 20-0370-CV-A Honorable Thomas Nathaniel Stuckey, Judge Presiding ORDER

Appellant’s appointed counsel has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967). After reviewing the brief, we find the brief is insufficient in light of our decision in In re N.F.M., 582 S.W.3d 539 (Tex. App.—San Antonio Dec. 19, 2018, no pet.). Specifically, while the brief concludes there are no arguable grounds to challenge the trial court’s findings on a predicate ground for termination, it does not contain any analysis showing whether counsel considered if there are arguable grounds to challenge the trial court’s finding that termination is in the best interest of the child. See TEX. FAM. CODE ANN. § 161.001 (trial court may order termination of the parent-child relationship only if it finds by clear and convincing evidence both a predicate ground for termination and that termination is in the best interest of the child); In re J.F.C., 96 S.W.3d 256, 295 (Tex. 2002) (same).

Accordingly, we ORDER appointed counsel’s Anders brief stricken and that the brief be redrawn.1 We ORDER the redrawn brief to be filed in this court by September 29, 2021. We further ORDER appointed counsel to notify appellant that the Anders brief has been stricken, that there is no current deadline for filing a pro se brief, and to provide this court with proof that he has notified appellant as ordered.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of September, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court