Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00608-CV
IN THE INTEREST OF J.C.R. and J.D.D., Children
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-PA-02092
Honorable Charles E. Montemayor, Judge Presiding 1
Opinion by: Marialyn Barnard, Justice
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 4, 2015
MOTION TO WITHDRAW GRANTED; AFFIRMED
Appellant mother appeals the trial court’s judgment terminating her parental rights to her
children, J.C.R. and J.D.D. The Texas Department of Family and Protective Services (“the
Department”) moved to have appellant’s parental rights terminated. After a bench trial, the trial
court found mother’s parental rights should be terminated because she violated various provisions
of section 161.001(1) of the Texas Family Code. See generally TEX. FAM. CODE ANN.
§ 161.001(1) (West 2014). The trial court further determined termination would be in the best
interests of the children pursuant to section 161.001(2). Id. § 161.001(2).
1
The Honorable Laura Salinas is the judge of the 166th Judicial District Court, Bexar County, Texas. However, the
order of termination was signed by Associate Judge Charles E. Montemayor.
04-14-00608-CV
Appellant’s court-appointed appellate attorney has filed a motion to withdraw and a brief
containing a professional evaluation of the record demonstrating there are no arguable grounds to
be advanced and concluding the appeal is frivolous. The brief meets the requirements of Anders
v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, *4
(Tex. App.—San Antonio May 21, 2003, order) (applying Anders procedure to appeals from orders
terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept.
10, 2003, no pet.) (mem. op.). Mother was provided a copy of the brief and informed of her right
to obtain a copy of the appellate record and file her own brief. See Nichols v. State, 954 S.W.2d
83, 85-86 (Tex. App.—San Antonio July 23, 1997, no pet.); In re R.R., 2003 WL 21157944, at *4.
Appointed counsel provided mother with a form which she could sign, date, and file with this court
in order to obtain a copy of the record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim.
App. 2014). Mother filed neither a request for the record nor a pro se brief.
We have reviewed the record and the attorney’s brief and we agree with counsel that the
appellate points do not present a substantial question for appellate review. Accordingly, we hold
the trial court did not err in terminating mother’s parental rights. We grant the motion to withdraw
and affirm the trial court’s judgment.
Marialyn Barnard, Justice
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