C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER OF A BATEMENT

Appellat e case name: In the Interest of K.G

- J. W

. , a/k/a K.W., A Child

Appel late case number: 01

- 1 7

- 00 73 9

- CV

Trial court case number: 20 1 6

- 0 4 6 3 1J

Trial court: 31 4 th District Court of Harris County

On October 6 , 2017, appellant, M.C.M., pr oceeding pro se, filed a notice of appeal from the decree for termination , signed on September 19 , 2017

. Because this appeal involves the termination of the parent

- child relationship , t his Court is required to bring the appeal to final disposition within 180 days of the date the notice of appeal was filed

, so far as reasonably possible , or by April 4, 2018

. See T EX

. S T

. J UD

. A DMIN

. R. 6.2(a) (West 2016). On October 1 6 , 2017, the reporter’s record and a hearing record were filed in this Court. On October 18, 2017, the clerk’s record was filed in this Court , setting the appellant’s brief due by November 7, 20 17

.

Und er the Texas Family Code, the trial court is responsible for appointing counsel to represent a n indigent parent, like M.C.M

. , in a parental termination suit, after determining that the parent is indigent , and appointed counsel is to remain as couns el for the duration of the suit and for any subsequent appeal , unless permitted to withdraw

. See T EX

. F AM

. C ODE A NN . § 107.013(a)(1) , (d), (e) (West 201 6 ) ; s ee also T EX

. F AM

. C ODE A NN . § 107.016(2) (West 201 6 ) (stating that, o nce appointed, attorney must continue to represent indigent parent until suit is dismissed, appeals are exhausted or waived, or attorney is relieved of h is duties or replaced by trial court after finding of good cause )

.

Here, a review of the clerk’s recor d filed in this Court on October 18, 2017, shows that the trial court signed an Order Appointing Attorney Ad Litem, on August 25, 2016, appointing John R. Millard as attorney ad litem for appellant, M.C.M. The trial court later signed a “Temporary Order Following Adversary Hearing,” signed on September 1, 2016, which, among other things, made no finding with regard to the indigency of appellant, M.C.M., because appellant was “not presently before the C ourt and/orinsufficient information [wa] s available to make such a determination at this time.”

T here does not appear to be any subsequent orders in the clerk’s record finding appellant, M.C

. M ., to no t be indigent or permitting Mr. Millard to be reliev ed of his duties or replaced. See T EX

. F AM

. C ODE A NN . § 107.013( e ) , § 107.016(2)

. Thus, appellant, M

. C

. M ., is presumed to remain indigent on appeal and Mr. Millard continues to remain

as t h e appointed counsel. The Clerk of this Court is directed to add John R. Millard as counsel for a ppellant.

Accordingly, the Court sua sponte abate s this appeal for the trial court to hold a hearing to determine whether good cause exists to permit appointed trial counsel, John R. Millard

, to remain as counsel on appeal, to withdraw

, or to appoint new counsel and
to enter orders relieving and/or appoint ing new counsel. See T EX

. F AM

. C ODE A NN

. § § 107.013, 107.016(2) (West 201 6); In re M.V.G. , 285 S.W.3d 573, 575

– 76 (Tex. App.

— Waco 2009, order). Any hearing shall be conducted within 15 days of this Order and the district clerk shall file a supplemental clerk’s record containing any or ders within 20 days of the date of this Order. The district clerk is directed to notify John R. Millard and a representative of the appellee, Texas Department of Family and Protective Services, to appear at the hearing.

The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’ s active docket when the supplemental clerk’s record complying with this Order is filed with th is Court.

It is so ORDERED.

Judge’s signature: / s/ Laura C. Higley



Date: O c tober 24

, 2 017