Opinion
04-24-00666-CV
11-25-2024
IN THE INTEREST OF B.C.A., R.G.A., AND J.J.A., Children
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2023-PA-00615 Honorable Charles E. Montemayor, Judge Presiding
ORDER
PER CURIAM
This is an accelerated appeal of an order terminating appellant B.A.'s parental rights which must be disposed of by this court within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2. B.A.'s brief was originally due on November 19, 2024 and was not filed. On November 20, 2024, a deputy clerk of this court contacted B.A.'s appointed counsel, Mr. Wayne Ted Wood, by e-mail to inquire about the status of the brief. In response to the clerk's e-mail, Mr. Wood stated that he served as B.A.'s trial attorney, and he advised the court to contact the trial court to identify B.A.'s appellate counsel. In response to an inquiry from this court, a trial court clerk represented that Mr. Wood remains B.A.'s counsel of record and that no substitute appellate counsel has been appointed.
When a governmental entity seeks termination of the parent-child relationship, an indigent parent who opposes the termination is entitled to representation by court-appointed counsel. TEX. FAM. CODE ANN. § 107.013(a)(1). An attorney appointed to represent an indigent parent continues to serve in that capacity until the suit is dismissed, all appeals relating to the termination order are exhausted, or "the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by" the trial court. TEX. FAM. CODE ANN. § 107.016(2).
Here, the clerk's record shows that on September 30, 2024, Mr. Wood filed a motion in the trial court that: (1) requested permission to withdraw from representing B.A.; and (2) sought the appointment of substitute counsel to represent B.A. in this appeal. The clerk's record does not contain an order ruling on Mr. Wood's September 30 motion. However, the trial court's September 16, 2024 Order of Termination expressly ordered "that Wayne Ted Wood earlier appointed to represent [B.A.] is relieved of all duties based on a finding of good cause." The clerk's record therefore establishes that Mr. Wood satisfied his statutory duty to B.A. See id. Nevertheless, because B.A. is presumed to remain indigent for the duration of this matter, he is entitled to the appointment of substitute appellate counsel. See TEX. FAM. CODE §§ 107.013(a)(1), (e).
In light of the above facts, we ABATE this appeal and remand this matter to the trial court. We ORDER the trial court to appoint appellate counsel to represent B A. in this appeal by December 2, 2024. We further ORDER the trial court clerk to file a supplemental clerk's record containing the order appointing appellate counsel by December 6, 2024. B.A.'s brief will be due 20 days after appellate counsel is appointed.
It is so ORDERED.