In the Interest of D.W. and A.W. v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledSeptember 2, 2026
Docket04-26-00284-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00284-CV
IN THE INTEREST OF D.W. and A.W.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-PA-01069
Honorable Raul Perales, Judge Presiding
Opinion by: Adrian A. Spears II, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
Adrian A. Spears II, Justice
Delivered and Filed: September 2, 2026
AFFIRMED
Mother appeals the trial court’s order terminating her parental rights to her children, D.W.
and A.W. 1 The Texas Department of Family and Protective Services filed the underlying suit,
seeking termination of Mother’s parental rights to the children. After a bench trial, the trial court
found by clear and convincing evidence that three statutory grounds supported termination of
Mother’s parental rights and that termination of Mother’s parental rights was in her children’s best
interests. Mother timely appealed the trial court’s order of termination.
1
To protect the identity of the minor children, we refer to the parties by fictitious names, initials, or aliases. See TEX.
FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
04-26-00284-CV
Mother’s court-appointed appellate attorney filed a brief and a motion to withdraw
pursuant to 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 in appeal from order terminating parental
rights). Counsel’s brief contains a professional evaluation of the record and demonstrates that there
are no arguable grounds to be advanced. In the brief, counsel concludes that this appeal is frivolous
and without merit. In compliance with the procedure set out in Anders, counsel has shown that he
sent a letter to appellant, which explained appellant’s right to review the record and file a pro se
brief. See Kelly v. State, 436 S.W.3d 313, 320 (Tex. Crim. App. 2014); In re P.M., 520 S.W.3d at
27. In the letter to appellant, counsel stated that he had enclosed copies of the brief and motion to
withdraw. See Kelly, 436 S.W.3d at 319. After granting appellant’s pro se motion to access the
appellate record, this court set a deadline for appellant to file a pro se brief. On August 5, 2026,
appellant filed an amended pro se brief.
We have reviewed the record, counsel’s Anders brief, appellant’s amended pro se brief,
and appellant’s supplemental letter brief. We agree with counsel that this appeal is without merit.
Therefore, we affirm the trial court’s order terminating appellant’s parental rights.
We deny counsel’s motion to withdraw because it does not assert any ground for
withdrawal apart from counsel’s conclusion that the appeal is frivolous. See In re P.M., 520 S.W.3d
at 27; In re A.M., 495 S.W.3d 573, 583 (Tex. App.—Houston [1st Dist.] 2016, pet. denied).
Counsel’s duty to his client extends through the exhaustion or waiver of all appeals, including the
filing of a petition for review in the Texas Supreme Court. See TEX. FAM. CODE § 107.016; In re
P.M., 520 S.W.3d at 27. After this court has rendered its decision, appointed counsel’s obligations
to his client may be satisfied by filing a petition for review that satisfies the standards for an Anders
brief. See In re P.M., 520 S.W.3d at 27-28 & n.14.
Adrian A. Spears II, Justice
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