in the Interest of C.R.E. and C.E., Children ( 2018 )


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  • Order entered August 9, 2018
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00850-CV
    IN THE INTEREST OF C.R.E. AND C.E., CHILDREN
    On Appeal from the 382nd Judicial District Court
    Rockwall County, Texas
    Trial Court Cause No. 1-17-0149
    ORDER
    This is an accelerated appeal from an order terminating appellant’s parental rights as
    petitioned for by appellee, the mother of the children. The clerk’s record contains “Defendant’s
    Financial Affidavit” filed on May 2, 2018. In the affidavit, appellant states he is providing the
    information “as part of my application for a court appointed attorney.” The clerk’s record does
    not contain an order appointing an attorney and appellant appeared pro se at trial. Appellant is
    presumed indigent and is entitled to proceed without prepayment of costs. See TEX. R. APP. P.
    20.1. Appellant is currently incarcerated. In his notice of appeal, appellant states that he cannot
    afford a lawyer.
    Texas Family Code section 107.021 provides that, in a suit in which the best interests of a
    child are at issue, other than a suit filed by a governmental entity requesting termination of the
    parent-child relationship or appointment of the entity as conservator of the child, the trial court
    may appoint an attorney ad litem.      See TEX. FAM. CODE ANN. § 107.021(a) (West 2014).
    Accordingly, on the Court’s own motion, we ORDER the trial court to conduct a hearing,
    WITHIN TWENTY DAYS of the date of this order, and determine whether or not to appoint
    counsel for appellant. The trial court shall make written findings as to whether to appoint
    counsel for appellant and, if counsel is appointed, the contact information for counsel. We
    ORDER the trial court to transmit to this Court, WITHIN TWENTY-FIVE DAYS of the date
    of this order, the reporter’s record from the hearing and a supplemental clerk’s record containing
    the trial court’s written findings of fact and any order appointing counsel.
    We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Brett
    Hall, Presiding Judge of the 382nd Judicial District Court, Lea Carlson, Rockwall County
    District Clerk, Linda Kaiser, Official Court Reporter for the 382nd Judicial District Court, and
    all parties.
    We ABATE this appeal to allow the trial court to comply with this order. The appeal
    will be reinstated thirty days from the date of this order or when the requested supplemental
    records are received, whichever occurs sooner.
    /s/     CAROLYN WRIGHT
    CHIEF JUSTICE
    

Document Info

Docket Number: 05-18-00850-CV

Filed Date: 8/9/2018

Precedential Status: Precedential

Modified Date: 8/13/2018