Opinion
NO. 14-17-00598-CV
08-14-2017
IN THE INTEREST OF F.E.G., CHILD
On Appeal from the 314th District Court Harris County, Texas
Trial Court Cause No. 2011-00355J
ABATEMENT ORDER
This is an accelerated appeal from a judgment in a suit in which the termination of the parent-child relationship is at issue ("parental termination case"). The reporter's record was due within 10 days after the notice of appeal was filed. See Tex. R. App. P. 35.1(b); 28.4(a)(1). The record has not been filed. The court reporter has informed the court that appellant has not paid or made arrangements to pay the reporter's fee to prepare the reporter's record. See Tex. R. App. P. 37.3(c)(2)(A). This court is unaware whether appellant is entitled to proceed without the payment of costs. See Tex. R. App. P. 37.3(c)(2)(B).
Appeals in parental termination cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (eff. May 1, 2012). The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c).
The clerk's record contains a motion to contest indigency, filed May 12, 2017, and a notice of hearing on the motion set on May 25, 2017. The clerk's record does not contain an order ruling on the motion. Accordingly, we enter the following order. See Tex. R. App. P. 35.3(c).
We ORDER the judge of the 314th District Court to immediately conduct a hearing at which appellant, appellant's counsel, if any, and counsel for the Department shall participate, either in person or by video teleconference, to determine whether appellant is indigent and, thus entitled to a free record. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. The transcribed record of the hearing, the court's findings and conclusions, and a videotape or compact disc, if any, containing a recording of the video teleconference shall be filed with the clerk of this court on or before August 25, 2017.
Alternatively, if a determination as to appellant's indigence has previously been made, the judge of the 314th District Court shall order the trial clerk to forward a supplemental clerk's record containing the ruling as to appellant's indigence. The supplemental record shall be filed with the clerk of this court on or before August 25, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.
PER CURIAM