In re Interest of B.C. (Per Curiam)
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The Supreme Court affirmed the judgment of the court of appeals reversing the order of the trial court terminating Mother's parental rights and remanding the case for a new trial, holding that Mother was not properly admonished about her rights as required by Tex. Fam. Code 263.0061.
At every permanency hearing, Mother appeared without counsel but was not further admonished about her statutory right to legal representation. The trial court subsequently terminated Mother's parental rights. Mother then filed an affidavit of indigence and a notice of appeal. After a hearing, the trial court found Mother indigent and appointed counsel to represent her on appeal. The court of appeals reversed and remanded the case for a new trial, holding that Mother was entitled to appointed counsel because there was sufficient indication in the record that she was indigent, such that the trial court should have conducted further inquiry into her status. The Supreme Court affirmed, holding (1) the court of appeals erred in holding that the trial court was required to conduct a pre-trial inquiry into Mother's indigency status; but (2) a new termination trial was required because the trial court failed to give mandatory statutory admonishments regarding the right to appointed counsel.
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