S. S. v. Texas Department of Family and Protective Services, W. S. and J. S. Appeal from 146th District Court of Bell County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00526-CV S. S., Appellant v. Texas Department of Family and Protective Services; W. S.; and J. S., Appellees FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 284,894-B, HONORABLE JACK WELDON JONES, JUDGE PRESIDING MEMORANDUM OPINION After a de novo final hearing in a suit that initially sought the termination of appellant S.S.’s parental rights to her four children, the district court signed an order modifying S.S.’s conservatorship by appointing her as the children’s possessory conservator. See Tex. Fam. Code § 153.005, .006. The order appointed W.S. and J.S., the children’s grandparents, as joint managing conservators of three of the children; appointed S.H., a non-relative, as sole managing conservator of one child; and placed limitations on S.S.’s visitation with the children, which the court found was in the children’s best interest. See id. § 153.002, .193, .256. Appellant’s court-appointed appellate counsel has filed a brief discussing the record, the conservatorship and visitation issues, and the standard of review, concluding that appellant has no arguable grounds for appeal and that her appeal is wholly frivolous. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); see also In re C.L., No. 05-17-00455-CV, 2017 Tex. App. LEXIS 9653, at *1-2 (Tex. App.—Dallas Oct. 13, 2017, no pet. h.) (mem. op.) (applying Anders procedure in appeal from order appointing appellant possessory conservator of her children). Appellant’s counsel has certified to this Court that he provided appellant with a copy of the brief, along with a notice advising appellant of her right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. Having thoroughly reviewed the record and counsel’s brief, we agree with counsel’s assessment that the appeal is frivolous and without merit. We affirm the district court’s July 18, 2017 De Novo Order Appointing Joint Managing Conservator. Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Goodwin Affirmed Filed: November 9, 2017 2
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