### IN THE TENTH COURT OF APPEALS No. 10
- 16
- 00347
- CV IN THE INTEREST OF K .W., D.W. AND K.W., CHILDREN

From the 77th District Court Limestone County, Texas Trial Court No. CPS
- 275
- A

ABATEMENT ORDER
This is an appeal from an order terminating parental rights to children. It is an
accel erated appeal with extremely short deadlines promulgated by the Supreme Court of Texas, see T EX
. R. A PP
. P . 28.4; T EX
. R. J UD
. A DMIN . 6.2(a), reprinted in T EX
. G OV ' T C ODE A NN ., tit. 2, subtit. F app. (West 201 3 ) . This appeal has been delayed too long due primarily to the failure of the court reporter to timely provide a complete and accurate
record

. The reporter's record in this appeal was originally due on October 31 , 2016. We had difficulty in obtaining the reporter’s record from the reporter. On December 21, 2016,
when our efforts to obtain the reporter’s record had failed , we abated this appeal to theIn the Interest of K.W., D.W. and K.W., Children Page 2

trial court to determine, among other things, a date certain when the reporter’s record
would be filed. After the trial court’s hearing , we finally received w hat was represented to be the complete reporter’s record on December 29, 2016. As we later were informed, the record was not complete.
A ppellant has filed a motion requesting this Court to order the reporter to file a
corrected record because:
1. Volume 4 of the reporter’s record contain ing testimony from October 13, 2016, lists 4 witnesses, but the following pages contain only the incomplete testim ony of the first listed witness; and
2. Volume 5 of the reporter’s record contains testimony from October 17, 2016 , lists 4 witnesses, but the following pages contain only the incomplete testimony of the first listed witness.
I t is the joint responsibility of this Court and the trial court to ensure that the appellate record is timely filed. T EX
. R. A PP
. P . 28. 4(b), 35.3(c). Further, this Court may enter any order necessary to ensure the timely filing of the appellate record. Id . 35.3(c). Because appeals in parental termination cases are accelerated appeals with extremely short deadlines promulgated by the Sup reme Court of Texas, see T EX
. R. A PP
. P . 28.4; T EX
. R. J UD
. A DMIN . 6.2(a), reprinted in T EX
. G OV ' T C ODE A NN ., tit. 2, subtit. F app. (West 201 3 ),

we cannot further delay in ensuring that the appellate record is timely filed. We cannot stress enough how imp ortant it is to receive a complete and accurate record in a timely manner in appeals of the termination of parental rights. Thus, instead of directing the reporter to correct the reporter’s record, we again ABATE this appeal toIn the Interest of K.W., D.W. and K.W., Children Page 3

the trial court which is ORDERED to hold a hearing as soon as practicable , but not later than 7 days after the date of this Order to determine: 1) why the reporter’s record that was filed on Decem ber 29, 2016 was incomplete; 2) a date certain when a corrected reporter's rec ord which includes the missing testimony described above can reasonably be transcribed into written form and filed in a manner that does not further delay the prosecution of this appeal or have the practical effect of depriving appe llants of their right to appeal; 3) if the reporter should be held in contempt for failing to timely file a complete and accurate reporter’s record by the date previously due; and 4) if the reporter’s record is lost or destroyed as defined and described by Texas Rule of Appe llate Procedure 34.6(f), and if so, whether an appropriate remedy can be utilized so that appellants may timely pursue the merits of the appeal or whether a new trial will be required.
The trial court must order Jonette C. Jackson to file the corrected record by the date
determined. Further, the trial court must inform Jackson of the consequences of failing
to file the corrected record by the date determined and ordered. Those consequences
include: (1) abating the proceeding yet again to the trial cour t for a contempt of court hearing; (2) imposing a lump sum monetary fine; (3) imposing a daily fine for each day the record is late beyond the date previously determined by the trial court; and (4) confinement in jail until the record is completed.
Th e trial court shall require the hearing to be transcribed by the court’s officialIn the Interest of K.W., D.W. and K.W., Children Page 4

court reporter . To the extent necessary or pertinent to obtaining compliance with the rules regarding preparation of the reporter's record, the trial court must: (1) prepare findings of fact and conclusions of law addressing the above issues; (2) require the preparation of a supplemental clerk's record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in the m atter; and (3) require the preparation of a reporter's record transcribing the evidence and arguments presented at the aforementioned hearing. Additionally, the trial court's findings and orders must be provided to the trial court clerk within 7 days from the date of the hearing. The trial court clerk is ORDERED to prepare and file a supplemental clerk's record containing the written findings and orders of the trial court in this Court within 14 days from the date of the hearing. Further, the trial court's official reporter is ORDERED to prepare and file with the Clerk of this Court a record of the hearing held within 14 days from the date of the hearing.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal abated Order issued and filed February 1 , 2017