in the Interest of T.J.K., a Child

• Court: Court of Appeals of Texas
• Decided: September 1, 2010
• Docket: 10-10-00282-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00282-CV

In the Interest of T.J.K., a Child,

From the 413th District Court

Johnson County, Texas

Trial Court No. D200805464

O R D E R

Appellant’s parental rights to his son T.J.K. were terminated in a private (non-governmental) action.  Appellant, who is pro se and asserts his indigence, has filed a motion for the appointment of counsel in this appeal, arguing that the termination of parental rights involves fundamental rights.

            However, no statutory right exists to appointed counsel in a private termination suit.  See In re J.C., 250 S.W.3d 486, 489 (Tex. App.—Fort Worth 2008, pet. denied), cert. denied, Rhine v. Deaton, 130 S.Ct. 357 (2009).  Accordingly, the motion for appointment of counsel in this appeal is denied.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Motion denied

Order issued and filed September 1, 2010

Do not publish

able judgment.

            The unique provisions of section 263.405 apply only to the “appeal of a final order rendered under [Chapter 263, Subchapter E].”  Tex. Fam. Code Ann. § 263.405(a).  Thus, it may be argued that the Department’s “First Amended Petition” was in fact an original suit affecting the parent-child relationship governed primarily by Chapter 161 of the Family Code and that the provisions of Chapter 263 do not apply.  Regardless, because the judgment terminates the mother’s parental rights, this appeal is accelerated.  See Tex. Fam. Code Ann. § 109.002(a) (Vernon 2002), § 263.405(a).

            Accordingly, the parties are directed to provide supplemental briefs on the issue of whether this appeal is governed by section 263.405.  The appellant’s brief shall be filed within 10 days after the date of this Order.  The Department’s brief shall be filed within 10 days after the appellant’s.

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray not participating)

Order issued and filed August 13, 2008

[CV06]