Legal Overview of Appeals

Texas Family Code

Title 5. The Parent-Child Relationship & the Suit Affecting the Parent-Child Relationship

Chapter 263. Review of Placement of Children under Care of Department of Family and Protective Services

Subchapter E. Final Order for Child under DFPS Care

An appeal of a final order rendered under Tex. Fam. Code Chapter 263, Subchapter E is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure and the appellate court must render its final order or judgment with the least possible delay. Tex. Fam. Code § 263.405(a). Also, the final order must contain the following prominently displayed statement in boldfaced type, in capital letters, or underline:

“A PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED BY THE PROCEDURES FOR ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL.” Tex. Fam. Code § 263.405(b).

A. Specific Grounds Must Be Stated in Trial Court Judgment

B. Parent Deemed Indigent on Appeal

C. Attorney Ad Litem Required to Remain on Case

D. Trial Court Clerk Has Specific Time-Sensitive Duties

E. Application of Tex. Civ. Prac. & Rem. Code § 13.003 Prohibited

F. Effective Assistance of Counsel

G. Order or Judgment Termination Parent-Child Relationship May Not Be Suspended During Pendency of Appeal

H. Notice of Appeal / Appellant Duties

I. Case Law Update