Court of Appeals of Texas, Fourth District, San Antonio
IN THE INTEREST OF A.C., A.C. III, and S.P.A.C., Children
the 408th Judicial District Court, Bexar County, Texas Trial
Court No. 2018PA00580 Honorable Charles E. Montemayor, Judge
Sitting: Sandee Bryan Marion, Chief Justice Patricia O.
Alvarez, Justice Liza A. Rodriguez, Justice
PATRICIA O. ALVAREZ, JUSTICE
appeals the trial court's order terminating her parental
rights to her children A.C., A.C. III, and
S.P.A.C. For the reasons given below, we affirm the
trial court's order.
September 2017, the case was referred to the Department for
Family Based Services after one of the children was found
unconscious in the bathtub and Mom's statement was not
consistent with the medical evidence. In March 2018, after Mom and
Dad failed to pick up the children from daycare, the children
were placed at the Children's Shelter. The Department
sought temporary conservatorship of the children, which the
trial court granted.
trial on the merits on April 1, 2019, the trial court heard
evidence that the Department reviewed Mom's service plan
with Mom, Mom understood the plan, and Mom signed the plan.
Mom was ordered to complete a psychological evaluation,
individual counseling, a protective parenting course, a
domestic violence course, a drug and alcohol assessment,
random drug and alcohol testing, and drug and alcohol
treatment. Mom did not complete her psychological evaluation
or any of her other ordered services. Mom was authorized
seventy visits with her children but attended only ten. She
initially submitted to drug testing but then stopped. Mom was
also ordered to show proof of safe, stable housing and stable
employment, but she did not.
Department case worker testified that the youngest child was
deaf in one ear and had partial deafness in the other because
Mom failed to take the child to doctor's appointments.
Mom replied that the deafness was not due to any missed
they came into care, all three children were globally
delayed, but since they were placed with a foster family, two
of the three children are thriving, and the third has made
major improvements. The foster family loves the children and
wants to adopt all three. Each child is bonded to their
foster parents, but not to Mom.
trial court found Mom's course of conduct met statutory
grounds (D), (E), (N), (O), and (P), and terminating
Mom's parental rights was in the children's best
interests. It terminated Mom's parental rights to the
three children. Mom appeals.
court-appointed counsel filed a motion to withdraw and a
brief containing a professional evaluation of the record. The
brief concludes there are no arguable grounds to reverse the
termination order. The brief satisfies the requirements of
Anders v. California, 386 U.S. 738 (1967). See
In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per
curiam) (applying Anders procedures to parental
rights termination cases). Counsel also represents that he
provided Mom with a copy of the Anders brief, his
motion to withdraw, and a form to request a free copy of the
appellate record. He advised Mom of her right to review the
record and file her own brief.
ordered Mom to file her pro se brief, if any, not later than
June 17, 2019. Mom did not request a copy of the record or
file a pro se brief.
carefully reviewed the entire record and counsel's brief,
we conclude the evidence was legally and factually sufficient
to support the trial court's findings by clear and
convincing evidence. We further conclude that there are no
plausible grounds to reverse the termination order. We affirm
the trial court's order.