Opinion
No. 05-18-00793-CV
08-23-2018
IN THE INTEREST OF D.D., JR., CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-17-10679
ORDER
This is an accelerated appeal in a parental termination case filed by the Department of Family and Protective Services. See TEX. R. APP. P. 28.4. The appeal was filed by appellant pro se. The clerk's and reporter's records have been filed, and appellant's brief is currently due September 10, 2018.
The clerk's record reflects the trial court found appellant to be indigent on June 5, 2017 and appointed trial counsel for her. The record further reflects the trial court "discharged and released" trial counsel from further representation of appellant on June 11, 2018. However, the record does not reflect appellant, who is presumed to remain indigent through any appeals absent changed circumstances, was advised of her right to appointed counsel on appeal. See In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (citation omitted).
Accordingly, we ORDER the trial court to conduct a hearing, no later than September 10, 2018, to inform appellant of her right to counsel and to determine whether she wishes to be represented by counsel. The trial court shall make written findings as to appellant's wishes regarding counsel and, if appellant desires representation, the trial court shall appoint counsel to represent her. We ORDER the trial court to transmit to this Court, no later than September 14, 2018, the reporter's record from the hearing and a supplemental clerk's record containing the trial court's written findings of fact and any order appointing counsel.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Kim Cooks, Presiding Judge of the 255 Judicial District Court; Joie Rivera, Official Court Reporter for the 255 Judicial District Court; Dallas County District Clerk Felicia Pitre; and all parties and counsel.
We ABATE the appeal, including the deadline to file appellant's brief, to allow the trial court an opportunity to comply with this order. It shall be reinstated no later than September 17, 2018. Upon reinstatement, the deadline for filing appellant's brief shall be reset.
/s/ ADA BROWN
JUSTICE