Court of Appeals of Texas, Seventh District, Amarillo
Appeal from the County Court at Law No. 2 Potter County,
Texas Trial Court No. 091267-2-FM, Honorable Carry Baker,
QUINN, C.J., and CAMPBELL and PARKER, JJ.
Quinn, Chief Justice.
trial court terminated C.W.'s parental rights to her
daughter, A.W., and C.W. appealed from that order. Appointed
counsel for C.W. has filed a motion to withdraw, together
with an Anders brief in support thereof. In the
latter, counsel certified that she diligently searched the
record and concluded that the appeal was without merit.
Appellate counsel also filed a copy of a letter sent to C.W.
informing her of her right to file a pro se response. C.W.
was also provided a copy of the appellate record, according
to counsel. By letter dated May 14, 2019, this Court also
notified C.W. of her right to file her own brief or response
by June 3, 2019, if she wished to do so. To date no response
has been received.
compliance with the principles enunciated in Anders,
appellate counsel discussed two potential areas for appeal,
which included the sufficiency of the evidence to support 1)
the statutory grounds alleged and 2) termination is in the
best interest of the child. Per our obligation specified in
In re D.D., 279 S.W.3d 849, 850 (Tex. App.-Dallas
2009, pet. denied) (citing Bledsoe v. State, 178
S.W.3d 824, 827 (Tex. Crim. App. 2005)), we too reviewed the
appellate record in search of arguable issues for appeal.
None were found.
In re N.G., __ S.W.3d __, __, 2019 Tex. LEXIS 465
(Tex. May 17, 2019) (per curiam), we also conducted an
independent review of the evidence underlying the trial
court's findings that termination was warranted under
§ 161.001(b)(1)(D) and (E) of the Texas Family Code.
That evidence illustrated 1) C.W. abused controlled
substances (methamphetamine) during her pregnancy with A.W.,
2) A.W. was removed because she tested positive at birth for
the presence of methamphetamine, 3) after the removal of
A.W., C.W. failed to complete the services required of her to
regain possession of A.W., 4) C.W. failed or refused to
submit to court ordered drug testing, 5) C.W. continued to
consume controlled substances after the birth and removal of
A.W., 6) C.W. had pled guilty in May of 2018 to the felony
offense of interfering with child custody and at the time of
the final hearing, the State had moved to adjudicate her
guilt for that crime, 7) C.W. informed the Texas Department
of Family and Protective Services (CPS) caseworker, via text,
that she (C.W.) desired to voluntarily relinquish her
parental rights to A.W., and 8) C.W. voluntarily relinquished
her parental rights to children born prior to A.W. Combined,
this evidence is both legally and factually sufficient to
support a finding warranting termination under (D) and (E).
See In re V.A., No. 07-17-00413-CV, 2018 Tex.App.
LEXIS 1521, at *10 (Tex. App.-Amarillo Feb. 27, 2018, no
pet.) (mem. op.) (stating that a parent's continued use
of drugs demonstrates an inability to provide for the
child's emotional and physical needs and a stable
environment); In re S.H., No. 07-15-00177-CV, 2015
Tex.App. LEXIS, 9731 at *8 (Tex. App.-Amarillo Sept. 16,
2015, no pet.) (mem. op.) (stating that "[f]rom the
evidence presented, the trial court reasonably could have
reached a firm conviction W.W. had pursued a course of
conduct, through her chronic drug use, that endangered
S.H.'s physical and emotional well-being" which
warranted termination under § 161.001(1)(E)).
concur with counsel's representation that the appeal is
meritless due to the absence of arguable error. Accordingly,
the judgment is affirmed.
 Anders v. California, 386
U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
 C.W. earlier informed the Clerk's
office that she had not received a copy of the record. The
Court directed her to contact her attorney and file a motion,
by June 13, 2019, requesting an extension of the deadline to
file a response. No such motion was filed by C.W.
 We call counsel's attention to the
continuing duty of representation through the exhaustion of
proceedings, which may include the filing of a petition for
review. Counsel has filed a motion to withdraw, on which we
will take no action. See In re ...