In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-17-00448-CV
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IN THE INTEREST OF J.P.
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On Appeal from the 317th District Court
Jefferson County, Texas
Trial Cause No. C-225,478-A
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MEMORANDUM OPINION
Appellant S.P., the mother of the minor child J.P., appeals the trial court’s
final order terminating her parental rights.1 We affirm.
On December 21, 2016, the Department of Family and Protective Services
(the “Department”) filed its Original Petition for Protection of a Child, for
Conservatorship, and for Termination in Suit Affecting the Parent-Child
Relationship against S.P. and J.P.’s father, R.W. Following separate evidentiary
1
To protect the identity of the minor child, we have not used the names of
the child, parents, or other family members. See Tex. R. App. P. 9.8(a), (b).
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hearings, the trial court signed orders terminating the parental rights of R.W. and
S.P., respectively.2 After the trial court rendered judgment against her, S.P. perfected
her appeal.
S.P.’s appellate counsel subsequently filed a brief that presents counsel’s
professional evaluation of the record and concludes that there are no arguable
grounds to be advanced on appeal. See Anders v. California, 386 U.S. 738 (1967);
In re L.D.T., 161 S.W.3d 728, 731 (Tex. App.—Beaumont 2005, no pet.) (applying
Anders procedure in an appeal from termination of parental rights). S.P.’s appellate
counsel has further provided this court with documentation evidencing that he sent
S.P. a copy of the brief, the reporter’s record, and the clerk’s record to her last known
address, along with a detailed notice advising S.P. of her right to file a pro se brief.
See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). This Court also
notified S.P. of her right to file a pro se response, as well as the deadline for doing
so. S.P. did not file a pro se response.
We have independently examined the entire appellate record in this matter,
and we agree with counsel’s conclusion that no arguable issues support an appeal.
We further find no arguable error requiring us to order appointment of new counsel
2
R.W. did not appeal from the order terminating his parental rights, and he is
not a party to this appeal.
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to re-brief this appeal. Cf. id. at 511. Accordingly, we affirm the trial court’s order,
but we deny counsel’s motion to withdraw as premature. See In re P.M., 520 S.W.3d
24, 27 (Tex. 2016) (holding that a court-appointed appellate attorney’s duty extends
through the exhaustion or waiver of all appeals).
AFFIRMED.
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CHARLES KREGER
Justice
Submitted on February 6, 2018
Opinion Delivered February 8, 2018
Before McKeithen, CJ, Kreger, and Horton, JJ
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