in the Interest of C.C. and I.C., Children ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
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No. 07-15-00185-CV
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IN THE INTEREST OF C.C. AND I.C., CHILDREN
On Appeal from the 320th District Court
Potter County, Texas
Trial Court No. 85,000-D; Honorable Don Emerson, Presiding
May 13, 2015
ABATEMENT AND REMAND
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, E.V., filed a pro se notice of appeal on April 24, 2015, challenging the
trial court’s order terminating her parental rights to her two children. The termination
order was signed on March 31, 2015, and, as an accelerated appeal, the notice of
appeal was due on or before April 20, 2015.1 Appellant was directed to provide a
reasonable explanation for the untimely filed notice. See Jones v. City of Houston, 976
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In an accelerated appeal, the notice of appeal must be filed within twenty days after the
judgment or order is signed. See TEX. R. APP. P. 26.1(b)
S.W.2d 676, 677 (Tex. 1998). See also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.
1997); TEX. R. APP. P. 26.3.
Appellant, still acting pro se, timely filed a response explaining that her court-
appointed trial counsel advised her that she had thirty days to appeal, and she later
learned the deadline was twenty days from the date the trial court signed the
termination order. Appellant’s explanation was accepted by this Court and jurisdiction
over the appeal exists. The clerk’s record has been filed but the reporter’s record is
now past due and no extension has been requested.
Termination of parental rights is an issue of constitutional dimension. See
Santosky v. Kramer, 455 U.S. 745, 758-59 (1982). See also Holick v. Smith, 685
S.W.2d 18, 20 (Tex. 1985). Paragraph 13.1 of the trial court’s Order of Termination
provides as follows:
IT IS THEREFORE ORDERED that GEORGE HARWOOD earlier
appointed to represent [E.V.] shall continue in that capacity until all
appeals of a final order terminating parental rights are exhausted or
waived unless otherwise Ordered by the Court.
A parent whose parental rights have been terminated must have a right of appeal
that is meaningful. In re S.K.A., 236 S.W.3d 875, 890 (Tex. App.—Texarkana 2007,
pet. denied). This Court has held that trial counsel’s duty to represent the interests of
an indigent parent in a termination proceeding does not end with trial but, instead,
continues until the judgment becomes final or until counsel is expressly discharged by
the trial court. In the Interest of J.O.A., 262 S.W.3d 7, 18 (Tex. App.—Amarillo 2008),
modified, 283 S.W.3d 336 (Tex. 2009).
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Copies of correspondence from this Court with Appellant in resolving the
untimely filed notice of appeal were provided to Mr. Harwood. Those copies
notwithstanding, he has not taken any action to designate himself as lead counsel in
this appeal or enter an appearance to represent Appellant in an appeal of constitutional
import. TEX. R. APP. P. 6.1(c), 6.2. The reporter’s record is now past due and no
extension has been requested, possibly indicating that a record has not been
designated or requested. Because Appellant is unrepresented by court-appointed
counsel at this critical stage of her appeal, and given the accelerated nature of
termination proceedings, we now abate this appeal and remand the cause to the trial
court for further proceedings.
Upon remand, the trial court shall utilize whatever means necessary to
immediately determine the following:
1. whether Appellant still desires to prosecute this appeal;
2. whether Appellant remains indigent and is entitled to appointed counsel to
pursue this appeal;
3. whether Mr. Harwood has abandoned the appeal and Appellant is entitled to
new appointed counsel; and
4. why the reporter’s record has not been filed.
Should it be determined that Appellant does want to continue the appeal and the trial
court determines she is entitled to new appointed counsel, the name, address,
telephone number, email address and state bar number of newly appointed counsel
shall be provided to the Clerk of this Court. The trial court shall execute findings of fact
and conclusions of law, and shall cause its findings, conclusions, and any necessary
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orders to be included in a supplemental clerk's record to be filed with the Clerk of this
Court by May 26, 2015. Should Mr. Harwood be permitted to remain as Appellant’s
appointed counsel he is hereby ordered to immediately enter an appearance in this
Court and take whatever action is necessary to ensure the filing of the reporter’s record.
It is so ordered.
Per Curiam
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