in the Interest of J. A. J. H. AKA J. H. and J.A.H AKA J.H. v. Department of Family and Protective Services ( 2018 )

Opinion issued January 23, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00613-CV
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IN THE INTEREST OF J.A.J.H. AND J.A.H., CHILDREN
On Appeal from the 309th District Court
Harris County, Texas
Trial Court Case No. 2015-24656
MEMORANDUM OPINION
This is an appeal from the trial court’s final Decree for Termination in a suit
brought by the Department of Family and Protective Services to terminate the
parent-child relationship between the father and J.A.H.M. and J.A.H (“the
children”). In its decree, the trial court established the father’s paternity, terminated
his parental rights, and appointed DFPS as sole managing conservator of the
children. The father filed a notice of appeal, and the trial court appointed counsel on
his behalf to prosecute the appeal. The father’s court-appointed appellate counsel
has moved to withdraw, stating that, in her professional opinion, the appeal is
without merit and that there are no arguable grounds for reversal. See Anders v.
California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967).
Anders procedures are appropriate in an appeal from a trial court’s final order
in a parental-rights termination suit. In re K.D., 127 S.W.3d 66, 67 (Tex. App.—
Houston [1st Dist.] 2003, no pet.). Counsel has certified that she delivered a copy of
the brief to the father and informed him of his right to examine the appellate record
and to file a response. See id. at 408. The father did not file a response.
The brief submitted by the father’s appointed appellate counsel states her
professional opinion that no arguable grounds for reversal exist and that any appeal
would therefore lack merit. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400. Counsel’s
brief meets the minimum Anders requirements by presenting a professional
evaluation of the record and stating why there are no arguable grounds for reversal
on appeal. See id. at 744, 87 S. Ct. at 1400; Schulman, 252 S.W.3d at 409 n.23.
When we receive an Anders brief from an appointed attorney who asserts that
no arguable grounds for appeal exist, we determine independently whether arguable
grounds exist by conducting our own review of the entire record. Johnson v. Dep’t
of Family & Protective Servs., No. 01-08-00749-CV, 2010 WL 5186806, at *1 (Tex.
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App.—Houston [1st Dist.] Dec. 23, 2010, no pet.); see In re K.D., 127 S.W.3d at 67;
In re D.E.S., 135 S.W.3d 326, 330 (Tex. App.—Houston [14th Dist.] 2004, no pet.).
If we determine that arguable grounds for appeal exist, we abate the appeal and
remand the case to the trial court to allow the appointed attorney to withdraw. See
id. Then, the trial court appoints another attorney to present all arguable grounds for
appeal. See id.On the other hand, if our independent review of the record leads us to conclude
that the appeal is frivolous, we may affirm the trial court’s judgment by issuing an
opinion in which we explain that we have reviewed the record and find no reversible
error. See id.We have reviewed the record and, having found no reversible error, we affirm
the trial court’s judgment but deny counsel’s motion to withdraw. See In re P.M.,
520 S.W.3d 24, 27 (Tex. 2016); In re A.M., No. 01-16-00130-CV, 2016 WL
4055030, at *6 (Tex. App.—Houston [1st Dist.] July 28, 2016, no. pet.). Counsel’s
duty to her client extends through the exhaustion or waiver of “all appeals.” TEX.
FAM. CODE ANN. § 107.016(2)(B) (West 2014). If the father chooses to pursue an
appeal to the Supreme Court of Texas, “appointed counsel’s obligations can be
satisfied by filing a petition for review that satisfies the standards for an Anders
brief.” P.M., 520 S.W.3d at 27–28.
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PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Bland.
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