Opinion
No. 04-18-00184-CV
05-03-2018
IN THE INTEREST OF M.W., A CHILD
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2017PA00474
Honorable Charles E. Montemayor, Judge Presiding
ORDER
The trial court signed an order terminating appellant's parental rights on February 23, 2018. On March 21, 2018, appellant filed a pro se notice of appeal. Because no order of withdrawal appeared in the clerk's record, it appeared to this court that attorney Yolanda Huff continued to represent appellant on appeal. Ms. Huff, however, has informed the court that the order of termination relieved her of all duties based on a finding of good cause. See TEX. FAM. CODE ANN. § 107.016(3)(C) (West Supp. 2017).
Since appellant is indigent, new appellate counsel must be appointed. See TEX. FAM. CODE ANN. § 107.013(a) (West Supp. 2017) (providing that "[i]n a suit in which termination of the parent-child relationship is requested, the court shall appoint an attorney ad litem to represent the interests of: (1) an indigent parent of the child who responds in opposition to the termination ..."); see also In re K.S.M., 61 S.W.3d 632, 633 (Tex. App.—Tyler 2001, no pet.); In re T.V., 8 S.W.3d 448, 449 (Tex. App.—Waco 1999, no pet.) (rights of indigent parents whose parental rights are in jeopardy of being terminated are not adequately protected if such parents are required to pursue an appeal without an attorney, even though the statute regarding appointment of counsel for indigent parents does not expressly provide for representation on appeal).
It is therefore ORDERED that this appeal is ABATED to the trial court. The trial court is ORDERED to appoint new appellate counsel and to cause the trial court clerk to file a supplemental clerk's record containing documentation of such appointment within 7 days from the date this order is signed. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court