in the Interest of M.D., a Child ( 2020 )

Order entered January 15, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01122-CV
IN THE INTEREST OF M.D., A CHILD
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 86664
ORDER
This appeal involves the termination of parental rights to a child in which the application
and compliance with the Indian Child Welfare Act of 1978, 25 U.S.C.A. §§ 1901–63 (2001) is at
issue.
Appellant and the Texas Department of Family and Protective Services (the Department)
agree the record contains information of the child’s alleged Indian heritage, but the record does
not indicate the tribes were notified. Further, the record does not indicate the trial court made
findings as to whether the child is an Indian child under the ICWA.
Both parties agree in their underlying briefs that the case should be abated to notify the
proper tribes as required under the ICWA, to allow the trial court to hold a hearing, and to
determine if the child is an Indian child under the ICWA. See 25 U.S.C.A. § 1912(a).
On the Court’s own motion, we ORDER the following:
(1) This appeal is ABATED and REMANDED to the trial court.
(2) The trial court will ensure that proper notice that complies with the statutory notice
requisites of the ICWA shall be provided to the relevant Indian tribes.
(3) After such notice, the trial court shall then conduct a hearing within TWENTY days
from the date of this order to determine whether the child is an Indian under the
ICWA.
(4) A supplemental clerk’s record indicating compliance with the statutory notice
requirements of the ICWA and a supplemental reporter’s record of the hearing shall
be filed within TEN days of the hearing.
The Court will automatically reinstate the appeal THIRTY days from the date of this
order or upon receipt of the supplemental record, whichever is sooner.
/s/ DAVID L. BRIDGES
PRESIDING JUSTICE