COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: In the Interest of T.C., a Child; and

In the Interest of T.L.C., a Child

Appellate case number: 01-17-00497-CV, and

01-17-00498-CV

Trial court case number: 2014-71072, and

2011-08360

Trial court: 309th District Court of Harris County

Appellant, C.C., has filed a notice of appeal of the trial court’s order terminating 

her parental rights to her minor child, T.C., and a notice of appeal of the trial court’s 

order awarding father sole managing conservatorship and appellant possessory 

conservatorship of their minor child, T.L.C. On August 30, 2018, we affirmed the trial 

court’s orders. See In re T.LC., No. 01-17-00498-CV, 2018 WL 4139004 (Tex. App.—

Houston [1st Dist.] Aug. 30, 2018, no pet. h.) (mem. op.); In re T.C., No. 01-17-00497-

CV, 2018 WL 4126600 (Tex. App.—Houston [1st Dist.] Aug. 30, 2018, no pet. h.) 

(mem. op.). Appellant and her court-appointed counsel, William Thursland, have filed an 

unopposed motion to abate the appeals to allow the trial court to determine whether he

may withdraw as counsel for appellant and she may proceed pro se.

Appellant’s right to counsel in these proceedings continues through all 

proceedings in the Supreme Court of Texas. See TEX. FAM. CODE ANN.

§§ 107.013(a)(1), 107.016(3) (Vernon Supp. 2017); In re P.M., 520 S.W.3d 24, 27 (Tex. 

2016). Once appointed by the trial court, counsel should be permitted to withdraw only 

for good cause and on appropriate terms and conditions. In re P.M., 520 S.W.3d at 27. 

And, if a trial court permits a parent to proceed pro se, “the trial court must inform the 

parent of the dangers of self-representation.” In re R.H., No. 01-14-00874-CV, 2015 WL 

4594557, at *7 (Tex. App.—Houston [1st Dist.] July 28, 2015, no pet.) (mem. op.) (citing

In re C.L.S., 403 S.W.3d 15, 19–22 (Tex. App.—Houston [1st Dist.] 2012, pet. denied)).
Accordingly, we grant the motion, abate the appeals, and remand the cases to the 

trial court. The trial court is directed to immediately hold a hearing, at which appellant, 

her appointed counsel, William Thursland, counsel for appellee, Department of Family 

and Protective Services, and attorney ad litem for the children, Samantha Davis, are 

present to determine whether appellant’s appointed counsel should be permitted to 

withdraw. If counsel is permitted to withdraw, the trial court shall determine whether 

appellant may proceed to pro se, after advising her of the dangers of self-representation, 

or shall appoint new counsel to represent appellant in further proceedings. The trial 

court shall have a court reporter, or court recorder, record the hearing.

The trial court clerk shall file a supplemental clerk’s record containing any written 

findings of fact and conclusions of law regarding these issues, and orders permitting 

appointed counsel to withdraw, appointing new counsel, or allowing appellant to proceed 

pro se. And, the court reporter shall file a reporter’s record of the hearing. These records 

shall be filed with the Clerk of this Court no later than 14 days from the date of this 

order.

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting for the Court

Panel consists of Justices Jennings, Keyes, and Higley

Date: September 13, 2018