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In re Interest of E.S.B.

Fourth Court of Appeals San Antonio, Texas
Jun 30, 2017
No. 04-17-00275-CV (Tex. App. Jun. 30, 2017)

Opinion

No. 04-17-00275-CV

06-30-2017

IN THE INTEREST OF E.S.B., ET AL., CHILDREN


From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-PA-02146
Honorable Peter A. Sakai, Judge Presiding

ORDER

This is an accelerated appeal of the trial court's order terminating appellant's parental rights. The disposition of this appeal is governed by the standards set forth in Rule 6.2 of the Texas Rules of Judicial Administration. TEX. R. JUD. ADMIN. 6.2. Accordingly, this appeal is required to be brought to final disposition within 180 days of the date the notice of appeal is filed. Id.

The appellant's brief was due to be filed on June 8, 2017; however, the brief has not been filed. The record reflects that Ms. Stacy January was appointed to represent appellant.

By order dated June 14, 2017, appellant's attorney was ordered to file a response in this court no later than June 26, 2017. Appellant's attorney was instructed that the response should state a reasonable explanation for failing to timely file the brief and demonstrate the steps being taken to remedy the deficiency.

Appellant's attorney did not respond to this court's order. Because involuntary termination of parental rights involves fundamental constitutional rights, we look to the abandonment procedures for criminal appeals for guidance. See TEX. R. APP. P. 38.8(b); see also TEX. FAM. CODE § 107.013 (requiring the trial court to appoint counsel to represent an indigent parent in a parental termination case); In re K.S.M., 61 S.W.3d 632, 633 (Tex. App.—Tyler 2001, no pet.) ("Like indigent criminal appellants, indigent appellants challenging an order terminating their parental rights enjoy a right to counsel on appeal."). It is therefore ORDERED that this appeal is ABATED to the trial court for an abandonment hearing.

The trial court is ORDERED to conduct a hearing to answer the following questions:

(1) Does Appellant desire to prosecute her appeal?
(2) Has appointed counsel abandoned the appeal? Because Appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
The trial court may, in its discretion, receive evidence on the first question by sworn affidavit from appellant. The trial court shall order appellant's counsel to be present at the hearing.

The trial court is FURTHER ORDERED to deliver its written recommendations addressing the questions listed above, including its order, if any, appointing new appellate counsel, to the trial court clerk no later than fifteen days from the date of this order. The trial court clerk is ORDERED to file a supplemental clerk's record containing the trial court's written recommendations no later than twenty days from the date of this order.

/s/_________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

In re Interest of E.S.B.

Fourth Court of Appeals San Antonio, Texas
Jun 30, 2017
No. 04-17-00275-CV (Tex. App. Jun. 30, 2017)
Case details for

In re Interest of E.S.B.

Case Details

Full title:IN THE INTEREST OF E.S.B., ET AL., CHILDREN

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 30, 2017

Citations

No. 04-17-00275-CV (Tex. App. Jun. 30, 2017)