In re Prot. of R.S.

Full title: FOR THE BEST INTEREST AND PROTECTION OF R.S.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Mar 24, 2016

NUMBER 13-16-00145-CV (Tex. App. Mar. 24, 2016)

Opinion

NUMBER 13-16-00145-CV

03-24-2016

FOR THE BEST INTEREST AND PROTECTION OF R.S.

Per Curiam

On appeal from the County Court at Law No. 1 of Cameron County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Rodriguez and Garza
OrderPer Curiam

Appellant R.S. has filed a pro se appeal of an order authorizing the administration of psychoactive medication. See TEX. HEALTH & SAFETY CODE ANN. § 574.104. Appellant's notice of appeal states that he asked his appointed counsel to assist him with this appeal, but he has not heard from his attorney. The clerk's record was filed on March 10, 2016, and it is unclear whether appellant has appointed counsel.¹ Accordingly, we ABATE and REMAND this cause as follows.

1 The Texas Health and Safety Code provides that a patient for whom an application for an order to authorize the administration of a psychoactive medication is entitled to representation by a court-appointed attorney. See TEX. HEALTH & SAFETY CODE ANN. §574.105. --------

Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; and (2) whether appellant is entitled to appointed counsel. If the trial court determines that appellant does want to continue the appeal and that appellant is entitled to court-appointed counsel, the trial court shall appoint counsel to represent appellant in this appeal. If counsel is appointed, the name, address, telephone number, email address and state bar number of said counsel shall be included in an order appointing counsel.

The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of twenty days from the date of this order.

It is so ORDERED.

PER CURIAM Delivered and filed the 24th day of March, 2016.