M. D. and T. D. v. Texas Department of Family and Protective Services
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00469-CV
M. D. and T. D., Appellants
v.
Texas Department of Family and Protective Services, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. C2022-1912B, THE HONORABLE MELISSA MCCLENAHAN, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellants M.D. and T.D. seek to appeal the trial court’s order terminating their
parental rights to their children. Appellants have notified this Court in writing that they are
dissatisfied with their court-appointed attorney’s representation and that they wish to proceed
pro se. See Tex. Fam. Code § 107.013 (requiring trial court to appoint attorney ad litem to
represent parent opposing state-initiated termination proceeding); see also id. §§ 107.016(2)
(attorney ad litem representation though “exhaustion of appeals”), .0131(a) (powers and duties of
attorney ad litem).
On our own motion, we abate this appeal and remand to the trial court for further
proceedings. We instruct the trial court to conduct a hearing to determine whether good cause
exists to relieve or replace current counsel, and if so, whether new counsel should be appointed to represent appellants in this appeal. See id. § 107.016(2) (attorney ad litem serves until
relieved of duty or replaced by another attorney “after a finding of good cause”). Should the trial
court determine that new counsel should be appointed, the court is directed to provide counsel’s
name, address, telephone number, and state bar number to the Clerk of this Court immediately
upon appointment. The hearing shall be recorded, and any orders issued by the trial court,
including findings of fact and conclusions of law, shall be included in a supplemental record
filed with the Clerk of this Court on or before October 13, 2023.
It is so ordered on September 29, 2023.
Before Chief Justice Byrne, Justices Kelly and Theofanis
Abated and Remanded
Filed: September 29, 2023
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