Opinion
05-23-00031-CV
06-23-2023
IN THE INTEREST OF E.S.S., A CHILD
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 90148
ORDER
ROBBIE PARTIDA-KIPNESS PRESIDING JUSTICE
Before the Court is the Texas Department of Family and Protective Services' July 23, 2023 motion for extension of time to file appellee's brief. The Department's brief was originally due to be filed on May 2, 2023. On the Department's motion, however, we abated the appeal on May 1, 2023, to allow the Department and the trial court to comply with the notice provisions of the Indian Child Welfare Act of 1978, 25 U.S.C.A. §§ 1901-63 (2001) (ICWA).
On June 2, 2023, we lifted the abatement and ordered the Department to file its appellee's brief on or before June 21, 2023. The Department now seeks a twenty-day extension of time to file its brief, which would make the new deadline to file July 11, 2023.
This appeal involves the termination of parental rights to a child. The rules of judicial administration accelerate the final disposition of appeals from suits for termination of parental rights. See TEX. R. JUD. ADMIN. 6.2(a) (providing 180 days for court's final disposition). The accelerated schedule constrains this Court's leeway in granting extensions.
This Court's deadline to issue an opinion in this case is July 8, 2023. See TEX. R. JUD. ADMIN. 6.2(a). The Department's requested deadline to file its brief is past that date. Moreover, any extension of time at this late date impedes this Court's ability to review and decide the case by that deadline.
We, therefore, DENY the Department's request for a twenty-day extension, GRANT the Department a seven-day extension of time to file its brief, and ORDER the Department to file its brief on or before June 28, 2023. No further extensions will be granted.