Opinion
No. 10-12-00286-CV
09-27-2012
IN THE INTEREST OF P.J.B., A.B., AND I.B., CHILDREN
From the County Court at Law No. 2
Johnson County, Texas
Trial Court No. D201100008
ABATEMENT ORDER
The trial court terminated appellant's parental rights to her children, P.J.B., A.B., and I.B. The order was signed on June 15, 2012. It appears from the record that an attorney was appointed to represent appellant's interests prior to the termination proceedings. The appointment of an attorney for indigent parents contesting the termination of their parental rights is mandatory. TEX. FAM. CODE ANN. § 107.013 (West Supp. 2012). Appellant, through her appointed attorney, filed a notice of appeal with the trial court on June 28, 2012.
The clerk's record was filed with this Court on August 2, 2012. The reporter's record was filed on August 21, 2012. Appellant's brief was due on September 10, 2012. See TEX. R. APP. P. 38.6(a). Counsel for appellant filed a motion to extend the due date for appellant's brief, requesting 60 additional days citing a criminal case he was working on as the reason. Counsel for appellant then filed an amended motion, still asking for 60 additional days, but citing three other criminal cases on which he was working. We note appellant's docketing statement is also past due. See TEX. R. APP. P. 32.1.
Because appeals in parental termination cases are accelerated appeals with extremely short deadlines, see TEX. R. APP. P. 28.4; TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit.2, subtit. F app. (West Supp. 2012), and due to the nature of a termination hearing and the right of an indigent parent to have appointed counsel, we cannot delay in obtaining a determination of why the brief and docketing statement are late; thus, we abate this appeal to the trial court with instructions to hold a hearing to determine whether the most expeditious route to a completed brief on appellant's behalf is to stay with the currently appointed counsel or to appoint new counsel.
We note that over 90 of the total 180 days in which this type of appeal is to be disposed has already passed. See TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit.2, subtit. F app. (West Supp. 2012). If we granted appellant's request for a 60 day extension, by the time appellee's brief would be due, without any extensions, it would be past the date by which this Court is to dispose of the appeal.
The trial court shall conduct the hearing and render its decision within 7 days from the date of this order. The trial court clerk and court reporter shall file supplemental records, as may be necessary to the issues and the trial court's determinations, within 14 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated