in the Interest of S.D., J.D., and G.D., Children ( 2018 )


Menu:
  • Order entered August 3, 2018
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00809-CV
    IN THE INTEREST OF S.D., J.D., AND G.D., CHILDREN
    On Appeal from the 304th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. JC-16-01098-W
    ORDER
    This is an accelerated appeal in a parental termination case filed by the Department of
    Family and Protective Services. See TEX. R. APP. P. 28.4. The record reflects Mother and Father
    were each represented at trial by appointed counsel who were released as attorneys of record
    upon the signing of the judgment. The record does not reflect appellate counsel has been
    appointed, although the notices of appeal filed by Mother and Father each allege an inability to
    afford representation and each request appointment of counsel.
    An indigent party in a parental termination case filed by a governmental entity is entitled
    to appointed counsel on appeal. See In re P.M., 
    520 S.W.3d 24
    , 26 (Tex. 2016). Accordingly,
    we ORDER the trial court to appoint counsel for Mother and Father no later than August 13,
    2018. We ORDER the trial court to transmit to this Court, no later than August 16, 2018, a
    supplemental clerk’s record containing the trial court’s order appointing counsel.
    We DIRECT the Clerk of this Court to send a copy of this order to (1) the Honorable
    Andrea Martin, Presiding Judge of the 304th Judicial District Court; and (2) all parties.
    We ABATE the appeal to allow the trial court to comply with this order. It shall be
    reinstated twenty (20) days from the date of this order or when the requested supplemental
    clerk’s record is filed, whichever is earlier.
    /s/    DAVID EVANS
    JUSTICE
    

Document Info

Docket Number: 05-18-00809-CV

Filed Date: 8/3/2018

Precedential Status: Precedential

Modified Date: 8/6/2018