TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00601-CV
S. C., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 424TH JUDICIAL DISTRICT
NO. 46469, HONORABLE CHERYLL MABRAY, JUDGE PRESIDING
MEMORANDUM OPINION
S.C. appeals from the trial court’s order terminating her parental rights to her
children.1 See Tex. Fam. Code § 161.001. Following a bench trial, the trial court found by clear and
convincing evidence that statutory grounds for terminating S.C.’s parental rights existed and that
termination was in the children’s best interest. See id. § 161.001(b)(1)(N), (O), (2).
On appeal, S.C.’s court-appointed attorney has filed a motion to withdraw and a brief
concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738,
744 (1967); 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). The brief meets the requirements of Anders by presenting a professional evaluation of the
record demonstrating why there are no arguable grounds to be advanced on appeal. See 386 U.S.
1
We refer to appellant, who is the mother of the children, by her initials only. See Tex. Fam.
Code § 109.002(d); Tex. R. App. P. 9.8.
at 744; Taylor, 160 S.W.3d at 646–47. Appellant’s counsel has certified to this Court that he
provided S.C. with a copy of the Anders brief and motion to withdraw as counsel and informed her
of her right to examine the appellate record and to file a pro se brief. The Department of Family and
Protective Services has filed a response to the Anders brief, stating that it will not file a response
unless it deems a brief necessary after the review of any pro se response or request from this Court.
To date, S.C. has not filed a pro se brief.
Upon receiving an Anders brief, we must conduct a full examination of all of the
proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80
(1988). We have reviewed the entire record, including the Anders brief submitted on S.C.’s behalf,
and have found nothing that would arguably support an appeal. We agree that the appeal is frivolous
and without merit. Accordingly, we affirm the trial court’s order terminating S.C.’s parental rights.
We deny counsel’s motion to withdraw.2
_____________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Goodwin, and Bourland
Affirmed
Filed: November 13, 2018
2
See In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (per curiam). In P.M., the Texas
Supreme Court held that the right to counsel in suits seeking the termination of parental rights
extends to “all proceedings in [the Texas Supreme Court], including the filing of a petition for
review.” Id. Accordingly, counsel’s obligation to S.C. has not yet been discharged. See id. If S.C.,
after consulting with counsel, desires to file a petition for review, counsel should timely file with the
Texas Supreme Court “a petition for review that satisfies the standards for an Anders brief.” Id.
2