In re R.L.K.

IN THE INTEREST OF R.L.K., A CHILD

No. 06-22-00091-CV

Court of Appeals of Texas, Sixth District, Texarkana

February 23, 2023

On Appeal from the 76th District Court Camp County, Texas Trial Court No. CPS-21-03740

Before Stevens, C.J., van Cleef and Rambin, JJ.

ORDER

Mother has appealed from the trial court's termination of her parental rights. Mother's appointed appellate counsel advised this Court that she received an email from Mother on February 7, 2023, stating that Mother had fired appellate counsel and had retained other counsel to represent her on appeal. Mother did not provide appointed counsel with the name and contact information for the newly retained counsel and appointed counsel has, therefore, been unable to file a motion to substitute counsel. As a result, appointed counsel filed a motion asking this Court to abate this appeal for a hearing to determine whether Mother has discharged appointed counsel and whether Mother has retained other counsel to represent her on appeal.

"The Texas Family Code mandates that in a government-initiated termination of the parent-child relationship, an indigent parent who responds in opposition to the termination shall be provided with appointed counsel." In re J.F., 589 S.W.3d 325, 332 (Tex. App.-Amarillo 2019, no pet.) (citing Tex. Fam. Code Ann. § 107.013(a)(1)). "Once a parent is determined to be indigent for purposes of section 107.013, the parent is 'presumed to remain indigent for the duration of the suit' unless a motion for reconsideration is filed." Id. (quoting Tex. Fam. Code Ann. § 107.013(e)); see In re P.M., 520 S.W.3d 24, 25 (Tex. 2016) (per curiam) (right to appointed counsel extends to proceedings in the Texas Supreme Court). Here, there is a question of whether Mother remains indigent or whether she is now able to afford to retain new appellate counsel.

In light of these circumstances, we abate this case to the trial court so that it may conduct a hearing to determine whether Mother has retained new appellate counsel and, if so, whether she can afford to do so. If the trial court is satisfied that Mother has retained new appellate counsel and that she can afford to do so, the trial court shall direct counsel for Mother to file a motion in this Court for substitution of counsel that satisfies the mandates of Rule 6.5 of the Texas Rules of Appellate Procedure. See Tex. R. App. P 6.5. Any motion contemplated by this paragraph shall be filed within ten days of the date of the hearing.

If the trial court determines that Mother has not retained new appellate counsel or that she cannot afford to do so, the court shall then determine whether there is good cause that would require the appointment of new appellate counsel. If there is no good cause that requires the...