Opinion
13-23-00433-CV 13-23-00457-CV
11-01-2023
IN THE INTEREST OF A.V., A CHILD, IN RE CECILIA CRUZ
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM.
These cases are before us on the court's own motion. Both matters appear to originate from a final order in a suit affecting the parent-child relationship that was initiated by the Department of Family and Protective Services (the Department). In suits initiated by the Department in which the termination of parental rights or the appointment of a conservator for the child is requested, courts must appoint an attorney ad litem to represent the interests of certain litigants. See Tex. Fam. Code Ann. § 107.013.
Appellant separately filed a notice of appeal and petition for writ of mandamus pro se. Based on the state of the record before us, we are not certain whether the trial court determined appellant ineligible for appellate counsel or whether appellant has knowingly and voluntarily waived her statutory right to counsel. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 43.6, 44.3, 44.4. Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following:
1. Whether appellant is entitled to court-appointed appellate counsel; and
2. Whether appellant desires to be represented in either appellate cause
number 13-23-00433-CV or 13-23-00457-CV by court-appointed appellate counsel.
If the trial court determines that appellant is entitled to court-appointed appellate counsel and that appellant desires to be represented by court-appointed appellate counsel in either cause, the trial court shall appoint counsel to represent appellant in either or both proceedings. If counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.
If the trial court determines either that appellant is not entitled to court-appointed appellate counsel or that she does not desire to be represented by court-appointed appellate counsel in either proceeding, the trial court shall issue any findings, recommendations, or orders necessary to support that determination.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues to be filed in a supplemental clerk's record. Additionally, 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 five (5) days from the date of this order.