H. B. C. v. Texas Department of Family and Protective Services Appeal from 109th District Court of Andrews County (memorandum opinion by chief justice mcclure)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § H.B.C., No. 08-14-00136-CV § Appellant, Appeal from § v. 109th District Court § TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, of Andrews County, Texas § (TC # 19,133) Appellee. § MEMORANDUM OPINION H.B.C. appeals from a judgment terminating his parental rights. We affirm. Court-appointed counsel has concluded that, after thorough review of the record, the appeal is frivolous and without merit. Thus, counsel has filed a motion to withdraw and a brief in accordance with the requirements of Anders v. California, 386 U.S. 738, 741-744, 87 S.Ct. 1396, 1398-1400, 18 L.Ed.2d 493 (1967). In Anders, the Supreme Court recognized that counsel, though appointed to represent the appellant in a criminal conviction, had no duty to pursue a frivolous matter on appeal. Anders, 386 U.S. at 744. Counsel was permitted to withdraw after informing the court of his conclusion and the effort made in arriving at that conclusion. Id. Anders is applicable to an appeal from a termination of parental rights where court-appointed counsel has determined that the appeal is frivolous. In re J.B., 296 S.W.3d 618, 619 (Tex.App.--El Paso 2009, no pet.). Counsel s brief meets the requirements of Anders v. California by advancing contentions which counsel says may arguably support the appeal. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App.1974). Counsel mailed to H.B.C. a copy of counsel s brief and a copy of the reporter s record and advised him of his right to examine the appellate record and file a pro se brief. H.B.C. has not made any request to review any portion of the clerk s record and he has not filed a pro se brief. We have carefully reviewed the record and counsel s brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The trial court s order terminating H.B.C. s parental rights is affirmed. August 13, 2014 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. 2
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