M. S. v. Texas Department of Family and Protective Services

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00259-CV M. S., Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. D-1-FM-12-006947, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION After a non-jury trial that appellant M.S. did not attend, the trial court terminated appellant’s parental rights to a child. Appellant’s court-appointed attorney filed a brief concluding that this 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 386 U.S. at 744; see also Taylor v. Texas Dep’t of Prot. & 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 certified to this Court that she provided appellant with a copy of the Anders brief and notice of her right to examine the appellate record and file a pro se brief. Appellant did not file a pro se brief. 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. Jeff Rose, Justice Before Chief Justice Jones, Justices Rose and Goodwin Affirmed Filed: August 21, 2014 2