Nancy Ross and Otis Johnson v. Texas Department of Family and Protective Services--Appeal from 146th District Court of Bell County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00297-CV Nancy Ross and Otis Johnson, Appellants v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 242,771-B, HONORABLE RICK MORRIS, JUDGE PRESIDING MEMORANDUM OPINION Appellants Nancy Ross and Otis Johnson filed this accelerated appeal from the district court s final order terminating their parental rights to their minor child, S.R. Appellants court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967) by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced on appeal. See also Taylor v. Texas Dep t of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App. Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental rights). Counsel has certified to this Court that he provided appellants with a copy of the Anders brief and a notice of their right to examine the appellate record and file pro se briefs. No pro se briefs have been filed. We have reviewed the record and counsel s brief and agree that the appeal is frivolous and without merit. Finding nothing in the record that might arguably support an appeal, we grant counsel s motion to withdraw and affirm the order of termination. _____________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Pemberton and Henson Affirmed Filed: October 25, 2011 2

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