In the Interest of M.B., P.B., and K.B., Children v. the State of Texas
This text of In the Interest of M.B., P.B., and K.B., Children v. the State of Texas (In the Interest of M.B., P.B., and K.B., Children v. the State of Texas) 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.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-24-00343-CV
IN THE INTEREST OF M.B., P.B., AND K.B., CHILDREN,
From the 52nd District Court Coryell County, Texas Trial Court No. DC-22-53905
MEMORANDUM OPINION
The father of M.B., P.B., and K.B. appeals the judgment that terminated his
parental rights to his children. After a trial before the associate judge, the trial court
considered the trial de novo and rendered an order which terminated father’s and
mother’s parental rights to the children and found that termination was in the children’s
best interests. See TEX. FAM. CODE § 161.001. The trial court’s order also appointed the
Department as the children’s permanent managing conservator.
On appeal, father challenges, among other things, the trial court’s failure to apply
the Indian Child Welfare Act (ICWA) to the case. See 25 U.S.C. §§ 1901-63. The
Department concedes that the ICWA applied to the children after the parents filed for de
novo review and before the trial court terminated the parental rights upon its de novo review. Thus, the Department requests that this Court reverse the judgment of
termination and remand the case to the trial court to conduct a new trial applying the
ICWA. We agree with the Department’s concession and request.
Accordingly, the trial court’s De Novo Order of Termination is reversed, and this
case is remanded to the trial court to conduct a new trial applying the ICWA. See In the
Interest of J.J.C., 302 S.W.3d 896, 903 (Tex. App.—Waco 2009, no pet.). A new trial must
be commenced no later than 180 days after the date the mandate is issued by this Court.
TEX. R. APP. P. 28.4(c).
LEE HARRIS Justice
Before Chief Justice Johnson, Justice Smith, and Justice Harris Reversed and remanded Opinion delivered and filed February 13, 2025 [CV06]
In the Interest of M.B., P.B., and K.B., Children Page 2
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