Opinion
No. 05-16-00662-CV
06-24-2016
IN THE INTEREST OF L.R.C.V., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-15-08826
ORDER
This is an accelerated appeal from an order terminating pro se appellant Father's parental rights and granting adoption of the child by appellees. See TEX. R. APP. P. 28.4. The clerk's record and reporter's record have been filed and appellant's brief is currently due on July 5, 2016. Appellant is indigent and entitled to proceed without prepayment of costs. See TEX. R. APP. P. 20.1.
Before the Court is appellant's June 20, 2016 motion requesting discretionary appointment of an attorney. Appellant is currently incarcerated.
Texas Family Code section 107.021 provides that, in a suit in which the best interests of a child are at issue, other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the trial court may appoint an attorney ad litem. TEX. FAM. CODE ANN. § 107.021(a) (West 2014). Accordingly, we GRANT appellant's motion to the extent that we ORDER the trial court to conduct a hearing, WITHIN TWENTY DAYS of the date of this order, and determine whether or not to appoint counsel for appellant. The trial court shall make written findings as to Father's request for appointment of counsel. We ORDER the trial court to transmit to this Court, WITHIN TWENTY-FIVE DAYS of the date of this order, 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 the Honorable Andrea Plumlee, Presiding Judge of the 330th Judicial District Court, Francheska Duffey, Official Court Reporter for the 330th Judicial District Court, appellant, and counsel for appellees.
We SUSPEND the current deadline for appellant's brief and ABATE the appeal to allow the trial court to comply with this order. The appeal will be reinstated thirty days from the date of this order or when the requested supplemental records are received, whichever occurs sooner.
/s/ DAVID L. BRIDGES
JUSTICE