Opinion
10-24-00084-CV
03-28-2024
IN THE INTEREST OF A.A. JR. AND K.A., CHILDREN,
From the County Court at Law Hill County, Texas Trial Court No. CV328-22CCL
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
Mother's rights to her children were terminated pursuant to a written order of the trial court signed on March 5, 2024. In the same order, the trial court released mother's appointed counsel from the representation of mother. Mother's pro se notice of appeal was filed on March 21, 2024. Nothing was presented with the notice of the appeal by the trial court clerk which would indicate mother is no longer indigent, has been appointed appellate counsel, or has retained appellate counsel.
To safeguard a parent's right to a meaningful appeal, the Texas Legislature has provided for the right of an indigent parent to appointed counsel on appeal. See In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (per curiam) (citing TEX. FAM. CODE §§ 107.013(a)(1), (e), 107.016(2)).
Accordingly, this appeal is ABATED and the case is remanded to the trial court to hold a hearing, if necessary, within 7 days from the date of this Order, to determine whether mother is indigent and if so, whether to appoint counsel for mother. If the trial court determines mother is not indigent or, if indigent, does not wish to have counsel appointed, the trial court should warn mother about the dangers and disadvantages to self-representation similar to those given at a "Faretta" hearing in a criminal case. See Faretta v. California, 422 U.S. 806, 835, 95 S.Ct 2525, 2541, 45 L.Ed.2d 562 (1975).
A supplemental clerk's record containing the appointment of counsel or, if applicable, a signed document by mother declining the appointment of or retaining counsel and indicating mother understands the dangers and disadvantages of selfrepresentation must be filed within 14 days from the date of this Order. A supplemental reporter's record, if any, which may be necessary if a hearing is held for a determination of indigence or containing Faretta-type admonishments, if applicable, must be filed within 14 days from the date of this Order.
Appeal abated