In the Interest of B.C., a Child

Summary

The Supreme Court of Texas held that a parent seeking appointed counsel in a government-initiated termination proceeding must file an affidavit of indigence before the trial court is required to determine indigency. The court nevertheless affirmed the remand for a new trial because the trial court failed to provide the repeated statutory admonishments regarding the right to counsel required by Texas Family Code section 263.0061. The court concluded that this noncompliance was not harmless under the circumstances.

Holdings

1. A parent must file an affidavit of indigence before the trial court is authorized to conduct an indigency hearing, and appointment of counsel under section 107.013 is required only after the affidavit is filed and the court determines that the parent is indigent.
2. At the status hearing and at each permanency hearing held after the Department is appointed temporary managing conservator, the trial court must inform each unrepresented parent of the right to legal representation and, if indigent and opposing the suit, the right to court-appointed counsel.
3. The trial court's noncompliance with section 263.0061 was not harmless under the circumstances and required reversal of the termination order and remand for a new trial.

Questions Presented

1. Whether section 107.013 of the Texas Family Code required the trial court to conduct an indigency inquiry and appoint counsel when Mother had not filed an affidavit of indigence.
2. Whether the trial court violated section 263.0061 of the Texas Family Code by failing to inform Mother of her right to counsel at the status hearing and subsequent permanency hearings.
3. Whether the failure to provide the mandatory statutory admonishments was harmless or required reversal and a new termination trial.

Disposition

affirmed