CourtListener 10789755•In the Interest of T.C.-J., a Child v. the State of Texas
In the Interest of T.C.-J., a Child v. the State of Texas
CourtListener 10789755Txctapp7Feb 6, 2026
Full text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-25-00412-CV
IN THE INTEREST OF T.C.-J., A CHILD
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 095058-E-FM, Honorable Carry Baker, Presiding
February 6, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, K.C., appeals from the trial court’s order terminating her parental rights
to her child, T.C.-J., in a suit brought by Appellee, the Texas Department of Family and
Protective Services. 1 K.C.’s brief is due February 16, 2026. Now pending before the
Court is a “Motion for Hearing on [K.C.’s] Desire to Proceed Pro Se on Appeal,” in which
K.C.’s appointed counsel informs the Court that K.C. seeks to represent herself on
appeal.
1 To protect the privacy of the parties involved, we will refer to them by their initials. See TEX. FAM.
CODE § 109.002(d); TEX. R. APP. P. 9.8(b).
We abate the appeal and remand the cause to the trial court to rule on counsel’s
motion to withdraw and to determine the following:
1. whether K.C. still desires to prosecute this appeal;
2. whether K.C. remains indigent;
3. if K.C. desires to proceed on appeal pro se, whether her decision to
do so is competently and intelligently made, including whether she is
aware of the dangers and disadvantages of self-representation on
appeal, see In re M.H., 668 S.W.3d 426, 430-31 (Tex. App.—
Amarillo 2023, no pet.) (holding that “[a] parent’s waiver of the right
to counsel [in a parental termination case] must, at the very least, be
knowing and intelligent.”);
4. whether new counsel should be appointed to represent K.C.
The trial court shall issue findings of fact and conclusions of law addressing the
foregoing matters and shall cause to be developed (1) a clerk’s record containing the
findings and conclusions and (2) a reporter’s record transcribing any evidence and
argument presented at the hearing. Due to the time-sensitive nature of an appeal from a
parental termination order, the record shall be filed with the Clerk of this Court on or before
February 17, 2026. See TEX. R. JUD. ADMIN. 6.2(a).
If the trial court determines that new appellate counsel should be appointed, the
name, address, email address, telephone number, and state bar number of any newly
appointed counsel shall be included in the aforementioned findings. Should the trial court
determine that the appointment of new counsel is not required, the appeal shall proceed
in due course upon reinstatement of the cause on this Court’s docket.
It is so ordered.
Per Curiam
2
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