Opinion
NO. 14-18-00293-CV NO. 14-18-00294-CV NO. 14-18-00295-CV
05-24-2018
IN THE INTEREST OF K.L.B. a/k/a K.L.M., A CHILD IN THE INTEREST OF K.J.M., A CHILD IN THE INTEREST OF N.D.D., A CHILD
On Appeal from the 246th District Court Harris County, Texas
Trial Court Cause Nos. 2013-00785 , 2016-32301, and 2016-62702
ORDER
These are accelerated appeals from a judgment in a suit in which the termination of the parent-child relationship is at issue. The appellant in each appeal is the Texas Department of Family and Protective Services (the Department).
On March 20, 2018, the trial court dismissed the underlying suits and ordered the Department to pay sanctions to the appellee, K.D.M. (Mother). On April 9, 2018, the Department timely requested the trial court to make findings of fact and conclusions of law (FOF/COL). Tex. R. Civ. P. 296 (request for written FOF/COL must be made within 20 days after judgment is signed). The trial court did not make FOF/COL.
According to the Department, on May 9, 2018, it timely filed a notice of past due FOF/COL. Tex. R. Civ. P. 297 (notice of past due FOFL/COL must be made within 30 days of original request). Once the notice is filed, the trial court's deadline to make FOFL/COL is extended to 40 days from the date of the original request. Id. The fortieth day after the judgment was signed in this case was Saturday, May 19, 2018. Under Texas Rule of Civil Procedure 4, the deadline was extended to the Monday, May 21, 2018. See Tex. R. Civ. P. 4. The Department reports that no FOF/COL have been made.
The Department has filed a motion asking us to (1) abate the appeals so the trial court may fulfill its duty to make FOF/COL, and (2) extend the due date for the Department's brief, currently May 29, 2018, to 20 days after the FOF/COL are filed in a supplemental clerk's record. Based on the record before us, we cannot say the record affirmatively shows the Department has suffered no injury due to the trial court's failure to file FOF/COL.
Appeals in parental termination cases and child protection cases are to be brought to final disposition within 180 days of the date the notice of appeal is filed. See Tex. R. Jud. Admin. 6.2(a) (effective May 1, 2012). This accelerated schedule allows only minimal delay.
Accordingly, we grant in part and deny in part the Department's motion and order as follows:
1. The trial court is ordered to make written FOF/COL. The FOF/COL shall be filed in this court in a supplemental clerk's record by June 8, 2018.
2. The Department's request for abatement is denied.
3. The Department's brief is due by June 29, 2018. No further exceptions will be granted absent extraordinary circumstances.
PER CURIAM Panel consists of Justices Boyce, Christopher, and Busby.