In the Interest of T.C.-J., a Child v. the State of Texas

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00412-CV

IN THE INTEREST OF T.C.-J., A CHILD

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 095058-E-FM, Honorable Carry Baker, Presiding

February 6, 2026 ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, K.C., appeals from the trial court’s order terminating her parental rights

to her child, T.C.-J., in a suit brought by Appellee, the Texas Department of Family and

Protective Services. 1 K.C.’s brief is due February 16, 2026. Now pending before the

Court is a “Motion for Hearing on [K.C.’s] Desire to Proceed Pro Se on Appeal,” in which

K.C.’s appointed counsel informs the Court that K.C. seeks to represent herself on

appeal.

1 To protect the privacy of the parties involved, we will refer to them by their initials. See TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b). We abate the appeal and remand the cause to the trial court to rule on counsel’s

motion to withdraw and to determine the following:

1. whether K.C. still desires to prosecute this appeal;

2. whether K.C. remains indigent;

3. if K.C. desires to proceed on appeal pro se, whether her decision to do so is competently and intelligently made, including whether she is aware of the dangers and disadvantages of self-representation on appeal, see In re M.H., 668 S.W.3d 426, 430-31 (Tex. App.— Amarillo 2023, no pet.) (holding that “[a] parent’s waiver of the right to counsel [in a parental termination case] must, at the very least, be knowing and intelligent.”);

4. whether new counsel should be appointed to represent K.C.

The trial court shall issue findings of fact and conclusions of law addressing the

foregoing matters and shall cause to be developed (1) a clerk’s record containing the

findings and conclusions and (2) a reporter’s record transcribing any evidence and

argument presented at the hearing. Due to the time-sensitive nature of an appeal from a

parental termination order, the record shall be filed with the Clerk of this Court on or before

February 17, 2026. See TEX. R. JUD. ADMIN. 6.2(a).

If the trial court determines that new appellate counsel should be appointed, the

name, address, email address, telephone number, and state bar number of any newly

appointed counsel shall be included in the aforementioned findings. Should the trial court

determine that the appointment of new counsel is not required, the appeal shall proceed

in due course upon reinstatement of the cause on this Court’s docket.

It is so ordered.

Per Curiam