Opinion
NO. 14-17-00760-CV
11-08-2017
IN THE INTEREST OF R.P.R. JR., A CHILD
On Appeal from the 314th District Court Harris County, Texas
Trial Court Cause No. 2016-04660J
ORDER
This is an appeal from a judgment terminating the parental rights of R.J.R. on September 19, 2017. R.J.R. has filed a request for appointment of counsel on appeal.
In Texas, there is a statutory right to counsel for indigent persons in parental termination cases. See Tex. Fam. Code Ann. § 107.013(a)(1) (West Supp. 2016); see also In re M.S., 115 S.W.3d 534, 544 (Tex. 2003). If an indigent parent requests appointment of an attorney to appeal a judgment terminating his or her parental rights, the trial court must determine the issue of indigence. See Tex. Fam. Code Ann. § 263.405(e) (West 2014). 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, via teleconference if necessary, to determine whether R.J.R. desires to prosecute an appeal, and, if so, whether R.J.R. is indigent and, thus entitled to a free record and appointed counsel on appeal. The judge shall appoint an appellate counsel for R.J.R. 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 November 20, 2017.
PER CURIAM