Opinion
05-23-00879-CV
10-02-2023
IN THE INTEREST OF M.M.S., A MINOR CHILD
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-21-01219-X
ORDER
EMILY MISKEL, JUSTICE
This accelerated appeal challenges the trial court's August 21, 2023 decree of termination. As reflected in the clerk's record, the Texas Department of Family and Protective Services filed its original petition to terminate the rights of M.M.S.'s parents on December 31, 2021. That same day, the trial court appointed the Department temporary managing conservator of M.M.S., triggering the dismissal deadline under section 263.401 of the Texas Family Code. See Tex. Fam. Code Ann. § 263.401(a). Under that section, the case was subject to automatic dismissal on January 3, 2023, unless, by that date, the trial court either commenced trial or extended the dismissal deadline on the record, through a docket sheet entry, or written order. See id. § 263.401(b); Tex.R.Civ.P. 4; In re G.X.H., 627 S.W.3d 288, 301 (Tex. 2021).
The reporter's record reflects trial commenced June 6, 2023, but nothing in the clerk's record, a supplemental clerk's record filed at our request, or the reporter's record reflects the trial court extended the dismissal deadline on or before January 3. The clerk's record, however, reflects a pretrial hearing on September 9, 2022. The clerk's record does not reflect if the hearing was recorded, and the reporter's record that has been filed does not include a record of that proceeding. Accordingly, we ORDER Arturo Neria, Jr., Official Court Reporter for the 305th Judicial District Court, to file, no later than October 5, 2023, the record of the pretrial hearing or written verification no record was made.
We note the supplemental clerk's record we requested includes a copy of an order granting appellant's trial counsel permission to withdraw. However, the supplemental record does not include a copy of an order appointing appellate counsel for appellant, who was found indigent in an order signed March 3, 2022, or otherwise reflect counsel has been appointed. See Tex. Fam. Code §§ 107.013(e), 107.016(2). Accordingly, we ORDER the trial court to appoint counsel to represent appellant on appeal and to transmit to this Court, no later than October 5, 2023 a supplemental clerk's record containing the order of appointment. See id. § 107.013(e); In re P.M., 520 S.W.3d 24, 26 (Tex. 2016) (per curiam) (citation omitted).
The deadline for appellant's brief remains suspended.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District Court; Dallas County District Clerk Felicia Pitre; Mr. Neria; and the parties.