in the Interest Of: J.A.S.C., J.A.L.C., N.D.C, and G.S.C ( 2014 )

Order entered January 7, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01577-CV
IN THE INTEREST OF J.A.S.C., J.A.L.C., N.D.C, AND G.S.C., CHILDREN
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-12-08960-T
ORDER
This is an appeal from a decree terminating appellant Father’s parental rights to four of
his children and appointing the Dallas County Child Protective Services Unit of the Texas
Department of Family and Protective Services (“CPS”) permanent managing conservator of the
children. On January 3, 2014, Father, proceeding pro se, filed a motion for extension of time to
file his brief, seeking an additional thirty days so that he may retain counsel. The clerk’s record,
however, reflects appellant was found indigent at the trial court level and was represented at trial
by appointed counsel, Thelma S. Clardy. Pursuant to section 107.016 of the Texas Family Code,
an attorney appointed to represent a parent in a termination suit brought by CPS continues to
serve as attorney for the parent on appeal until the earliest of (1) the date all appeals in relation to
any final order terminating parental rights are exhausted; or (2) the date the attorney is relieved
of his duties or replaced by another attorney upon a finding of good cause by the trial court. See
TEX. FAM. CODE ANN. § 107.016(2) (West Supp. 2013). The record here does not reflect Thelma
S. Clardy has been relieved of her duties or replaced by new counsel. Accordingly, it appears
Thelma S. Clardy remains as counsel for Father. Because an appeal from a decree of termination
is accelerated, we GRANT appellant Father’s extension motion to the extent we ORDER
Thelma S. Clardy to file the brief no later than January 28, 2014. See TEX. R. APP. P. 28.4(a)(1).
No further extensions will be granted absent exigent circumstances.
We note the clerk’s record does not contain a copy of the “Binding Mediated Settlement
Agreement” incorporated into the decree of termination. Accordingly, we ORDER Dallas
County District Clerk Gary Fitzsimmons to file a supplemental clerk’s record containing a copy
of the agreement within five (5) days of this order. See TEX. R. APP. P. 34.5(c).
We DIRECT the Clerk of the Court to send copies of this order (1) by electronic
transmission to Dallas County District Clerk Gary Fitzsimmons and Sylvia Ann Cantu, lead
counsel for CPS; (2) by facsimile transmission to Thelma S. Clardy at (972) 283-9898; and (3)
by regular mail to Father and Mother.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE