C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In the Interest of J. S., A C hild

Appellate case number: 01

- 1 9

- 00 146

- CV

Trial court case number: 2018

- 00409J

Trial court: 3 14t h District Court of Harris County

This is an accelerated appeal from a judgment in which the trial court terminat ed the parent al rights for both the mother , A.W.H., and the father , H.L.S., to the ir daughter

, J.S. On April 4, 2019, appointed counsel for H.L.S. filed his appellant’s brief on the merits. On April 16 , 2019, Michellé Placzek, appointed counsel for A. W. H., filed an a ppellant’s brief concluding that she could advance no arguable grounds for appeal and that the appeal by A.W.H. i s frivolous. See Anders v. California , 386 U.S. 738, 74 4, 87 S. Ct. 1396, 1400 (1967) ; In re K.D. , 127 S.W.3d 66, 67 (Tex. App.

— Houston [1st Dist.] 2003, no pet.) ( Anders procedures are appropriate in a parental termination appeal)

. C ounsel ’s Anders brief state d that s he wa s filing a motion to withdraw and ha d complied with all Anders requirements ; however, counsel did not file a motion to withdraw

with the Clerk of this Court nor did she provide a certificat ion that she had serv ed the

Anders brief and motion to withdraw on A. W. H

. , with her last known address , or that she had informed A.W.H. that she had a right to examine the appellate record and file a pro se

response

. If appointed counsel believes that an a ppeal is frivolous, counsel must request permission to withdraw. See Anders , 386 U.S. at 744 ; see also Kelly v. State , 436 S.W.3d 313, 319

– 20 (Tex. Crim. App. 2014) (stating that, in Anders cases, appointed counsel must inform client of right to file pro s e response to Anders brief and right to review appellate record, must facilitate client’s right to review record by providing client with form motion directed to court of appeals to access record, and must notify court of appeals that counsel has complied with these requirements) . An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See Anders , 386 U.S.

at 744. On April 23, 2019, this Court ordered A.W.H.’s appointed counsel to comply with the requir ements of Anders by filing the required motion to withdraw and certification of service of the brief and motion on A.W.H. with the Clerk of this Court within five days of2

the date of the order. Appointed counsel did not file the required motion to withdraw and

certification. This case is scheduled for submission on the briefs on August 6, 2019. The compliance deadline for disposing of this appeal is August 23, 2019. Accordingly, the

Court order s appellant’s appointed counsel, Michellé Placzek

, to file t he required motion

to withdraw

, certificate of service of the brief and motion on A. W. H

. , and certification that counsel notified A.W.H. of her pro se rights and supplied her with a form motion to access the appellate record w ith the Clerk of this Court within 5 days of the dat e of this order

.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

x Acting individually Acting for the Court

Date: July 1 9 , 2019