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In re Interest of A.E.

Court of Appeals Fifth District of Texas at Dallas
Aug 23, 2017
No. 05-17-00425-CV (Tex. App. Aug. 23, 2017)

Opinion

No. 05-17-00425-CV

08-23-2017

IN THE INTEREST OF A.E., A CHILD


On Appeal from the 304th Judicial District Court Dallas County, Texas
Trial Court Cause No. JC-16-433-W

ORDER

The Mother of A.E. ("Mother") has appealed the trial court's termination of her parental rights. Her sole issue on appeal concerns the application of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-63 (West, Westlaw through Pub. L. No. 115-43) ("ICWA"). The record reflects that some months before the final hearing terminating Mother's parental rights, Mother or A.E.'s maternal grandmother "indicated [to the Texas Department of Family and Protective Services] that they might have Indian blood." The Texas Department of Family and Protective Services (the "Department") asked for additional information, and Mother sought a continuance of the final hearing on termination of her parental rights for additional time to investigate A.E.'s possible Native American heritage. If A.E. is an "Indian child" as defined by the ICWA, then termination of Mother's parental rights must be in accordance with the ICWA's requirements.

We ABATE this appeal for thirty (30) days from the date of this Order. We ORDER the Department to investigate whether A.E. is an "Indian child" as defined by the ICWA and report to the trial court the results of its investigation on or before twenty-one (21) days from the date of this Order. We further ORDER the trial court to consider the Department's report and conduct a hearing on A.E.'s status as an "Indian child." Within thirty (30) days of the date of this Order, the trial court shall transmit to this Court a reporter's record of the hearing and a supplemental clerk's record containing the trial court's docket sheet, the trial court's written findings, and any supporting documentation.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Andrea Martin, Presiding Judge of the 304th Judicial District Court of Dallas County, and to the parties.

We will reinstate this appeal within thirty (30) days of the date of this Order.

/s/ ELIZABETH LANG-MIERS

JUSTICE


Summaries of

In re Interest of A.E.

Court of Appeals Fifth District of Texas at Dallas
Aug 23, 2017
No. 05-17-00425-CV (Tex. App. Aug. 23, 2017)
Case details for

In re Interest of A.E.

Case Details

Full title:IN THE INTEREST OF A.E., A CHILD

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 23, 2017

Citations

No. 05-17-00425-CV (Tex. App. Aug. 23, 2017)