In the Interest of M.A.V., Jr. Appeal from 45th Judicial District Court of Bexar County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00245-CV In the Interest of M.A.V., JR. From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01590 Honorable Charles E. Montemayor, Judge Presiding Opinion by: Irene Rios, Justice Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: December 8, 2021 AFFIRMED; MOTION TO WITHDRAW DENIED Appellant Father appeals the trial court’s order terminating his parental rights to M.A.V., Jr. 1 The Texas Department of Family and Protective Services (“the Department”) filed this suit, seeking termination of the parent-child relationship between the child and Father. After a bench trial, the trial court found five independent grounds 2 to terminate Father’s parental rights, and found that termination of his rights is in M.A.V., Jr.’s best interest. Father timely appealed the trial court’s order. To protect the identity of a minor child in an appeal from an order terminating parental rights, we refer to the father as “Father” and the child by its initials. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2). 2 The trial court found termination of Father’s parental rights warranted under sections 161.001(b)(1)(D), (E), (N), (O), and (P). See TEX. FAM. CODE ANN § 161.001(b)(1)(D), (E), (N), (O), (P). 1 04-21-00245-CV Father’s court-appointed appellate attorney filed a brief in which he concluded there are no non-frivolous issues to be raised on appeal. See Anders v. California, 386 U.S. 738 (1967); In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (stating Anders procedures protect indigent parents’ statutory right to counsel on appeal in parental rights termination cases and apply in those cases). Counsel certified he sent Father a copy of the brief and a letter advising him of his rights to review the record and to file a pro se brief. Counsel also provided Father a form to use to request access to the record. In addition, counsel filed a motion to withdraw. This court issued an order which set deadlines for Father to request access to the record and to file a pro se brief and abating counsel’s motion to withdraw. Father did not request access to the appellate record or file a pro se brief. We have thoroughly reviewed the record and counsel’s Anders brief. The record establishes by clear and convincing evidence the grounds for termination and that termination is in the child’s best interest. See TEX. FAM. CODE ANN. § 161.001(b); In re J.O.A., 283 S.W.3d 336, 344–45 (Tex. 2009); In re A.V., 113 S.W.3d 355, 362 (Tex. 2003). Upon a thorough review of the record, we conclude the evidence is legally and factually sufficient to support the termination order and there are no other arguably meritorious grounds for appeal. Therefore, we affirm the trial court’s termination order. Counsel filed a motion to withdraw in conjunction with his Anders brief. We deny counsel’s motion to withdraw because it does not assert any ground for withdrawal apart from counsel’s conclusion that the appeal is frivolous. See In re P.M., 520 S.W.3d at 27; In re A.M., 495 S.W.3d 573, 582–83 (Tex. App.—Houston [1st Dist.] 2016, pet. denied). Counsel’s duty to his client extends through the exhaustion or waiver of all appeals, including the filing of a petition for review in the Texas Supreme Court. See TEX. FAM. CODE ANN. § 107.016(2); In re P.M., 520 S.W.3d at 27. After this court has rendered its decision, appointed counsel’s obligations to -2- 04-21-00245-CV his client may be met by filing a petition for review that satisfies the standards for an Anders brief. In re P.M., 520 S.W.3d at 27–28, 28 n.14. Irene Rios, Justice -3-
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