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In re J.P.

Court of Appeals Ninth District of Texas at Beaumont
Feb 8, 2018
NO. 09-17-00448-CV (Tex. App. Feb. 8, 2018)

Opinion

NO. 09-17-00448-CV

02-08-2018

IN THE INTEREST OF J.P.


On Appeal from the 317th District Court Jefferson County, Texas
Trial Cause No. C-225 ,478-A

MEMORANDUM OPINION

Appellant S.P., the mother of the minor child J.P., appeals the trial court's final order terminating her parental rights. We affirm.

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).

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 hearings, the trial court signed orders terminating the parental rights of R.W. and S.P., respectively. After the trial court rendered judgment against her, S.P. perfected her appeal.

R.W. did not appeal from the order terminating his parental rights, and he is not a party to this 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 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.

/s/_________

CHARLES KREGER

Justice Submitted on February 6, 2018
Opinion Delivered February 8, 2018 Before McKeithen, CJ, Kreger, and Horton, JJ


Summaries of

In re J.P.

Court of Appeals Ninth District of Texas at Beaumont
Feb 8, 2018
NO. 09-17-00448-CV (Tex. App. Feb. 8, 2018)
Case details for

In re J.P.

Case Details

Full title:IN THE INTEREST OF J.P.

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Feb 8, 2018

Citations

NO. 09-17-00448-CV (Tex. App. Feb. 8, 2018)