in the Interest of J.C.H.-P., a Child

Court of Appeals of Texas

in the Interest of J.C.H.-P., a Child

DecidedSeptember 22, 2022

Docket04-22-00560-CV

StatusPublished

This text of in the Interest of J.C.H.-P., a Child (in the Interest of J.C.H.-P., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

in the Interest of J.C.H.-P., a Child, (Tex. Ct. App. 2022).

Pincite

Opinion

Fourth Court of Appeals San Antonio, Texas September 22, 2022

No. 04-22-00560-CV

IN THE INTEREST OF J.C.H.-P., A CHILD

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA00929 Honorable Charles E. Montemayor, Judge Presiding

ORDER On August 31, 2022, appellant filed a pro se notice of appeal challenging the trial court’s order terminating her parental rights to her child. The clerk’s record shows appellant may be indigent, but it does not contain anything indicating whether she has been appointed appellate counsel. Under section 107.013 of the Texas Family Code, when the Texas Department of Family Services seeks termination of the parent-child relationship, an indigent parent is entitled to a court appointed attorney. See TEX. FAM. CODE § 107.013. Accordingly, we order this appeal abated and order the trial court to determine whether appellant is indigent and entitled to appointed counsel. If the trial court determines appellant is indigent and entitled to appointed counsel, we further order the trial court to appoint appellate counsel by October 3, 2022. We further order the district clerk to file a supplemental clerk’s record containing the trial court’s order appointing appellate counsel by October 12, 2022. All appellate deadlines are suspended until further order of this court.

It is so ORDERED September 22, 2022.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

Free access — add to your briefcase to read the full text and ask questions with AI

Fourth Court of Appeals San Antonio, Texas September 22, 2022

No. 04-22-00560-CV

IN THE INTEREST OF J.C.H.-P., A CHILD

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA00929 Honorable Charles E. Montemayor, Judge Presiding

ORDER On August 31, 2022, appellant filed a pro se notice of appeal challenging the trial court’s order terminating her parental rights to her child. The clerk’s record shows appellant may be indigent, but it does not contain anything indicating whether she has been appointed appellate counsel. Under section 107.013 of the Texas Family Code, when the Texas Department of Family Services seeks termination of the parent-child relationship, an indigent parent is entitled to a court appointed attorney. See TEX. FAM. CODE § 107.013. Accordingly, we order this appeal abated and order the trial court to determine whether appellant is indigent and entitled to appointed counsel. If the trial court determines appellant is indigent and entitled to appointed counsel, we further order the trial court to appoint appellate counsel by October 3, 2022. We further order the district clerk to file a supplemental clerk’s record containing the trial court’s order appointing appellate counsel by October 12, 2022. All appellate deadlines are suspended until further order of this court.

It is so ORDERED September 22, 2022.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

Cite This Page — Counsel Stack

Bluebook (online)

in the Interest of J.C.H.-P., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jch-p-a-child-texapp-2022.

Opinion

Related

Cite This Page — Counsel Stack