Opinion
NO. 14-18-00389-CV
05-22-2018
IN THE INTEREST OF M.R, A CHILD
On Appeal from the 314th District Court Harris County, Texas
Trial Court Cause No. 2016-04856J
ORDER
This is an appeal from a judgment terminating parental rights of C.R. (Mother), signed April 25, 2018. On May 10, 2018, A.R. (Grandmother) filed a notice of appeal from the termination judgment. On May 21, 2018, Grandmother, purportedly on behalf of Mother, filed an amended notice of appeal. The amended notice of appeal is signed by Grandmother as "Pro Se/Power of Attorney." The amended notice of appeal does not contain documentation related to Grandmother's authority to represent Mother or her authority to sign a notice of appeal on Mother's behalf. It is unclear if Mother is indigent and entitled to appointment of counsel for the appeal.
In Texas, there is a statutory right to counsel for indigent parents in parental termination cases. See Tex. Fam. Code Ann. § 107.013(a)(1) (West Supp. 2017); see also In re M.S., 115 S.W.3d 534, 544 (Tex. 2003). If the court finds the parent to be indigent, or the parent is presumed indigent, the court must appoint counsel to represent the parent on appeal. Id.; In re K.M., 98 S.W.3d 774, 776 (Tex. App. Fort Worth 2003, no pet.). Accordingly, we issue the following order.
We ORDER the judge of the 314th District Court to immediately conduct a hearing to determine whether Mother and/or Grandmother desire to prosecute an appeal, and, if so, whether Mother is indigent and, thus entitled to appointed counsel on appeal. The judge shall appoint an appellate counsel for Mother if necessary. 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, and supplemental clerk's record shall be filed with the clerk of this court on or before June 6, 2018.
PER CURIAM