In the Interest of L. F. B., a Child--Appeal from 62nd District Court of Franklin County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00040-CV

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IN THE INTEREST OF L. F. B., A CHILD

On Appeal from the 62nd Judicial District Court

Franklin County, Texas

Trial Court No. 10,075

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Larry and Rosemary Cade appeal from the trial court's order denying their motions for appointed counsel on appeal. See Tex. Fam. Code Ann. 263.405(e), (g) (Vernon Supp. 2006). The trial court signed its order terminating the Cades' parental rights March 14, 2006. On March 30, 2006, the trial court heard the Cades' motions for new trial and motions for appointed counsel based on the Cades' claims of indigence. The trial court orally denied the Cades' claims of indigence. However, the trial court did not sign its order denying the Cades' claims of indigence until May 1, 2006.

The Texas Family Code specifically provides that a trial court must render its written order denying a claim of indigence before the thirty-sixth day after the trial court signed the final order being appealed in this case, the order terminating parental rights. See Tex. Fam. Code Ann. 263.405(e). The failure to do so means that "the [trial] court shall consider the person to be indigent and shall appoint counsel to represent the person." Tex. Fam. Code Ann. 263.405(e) (emphasis added). Here, the trial court did not sign its order denying the Cades' claims of indigence until the forty-eighth day after it signed its order of termination. Therefore, the Cades are entitled to appointed counsel to pursue their appeal of the termination order and are also entitled to a free record on appeal. See Tex. R. App. P. 20.1(j); Tex. Fam. Code Ann. 263.405(e).

Accordingly, we reverse the trial court's order denying the Cades' claims of indigence and remand this case with instructions to the trial court to appoint appellate counsel for the Cades. See Tex. R. App. P. 43.2(d).

Jack Carter

Justice

Date Submitted: July 31, 2006

Date Decided: August 22, 2006