In the Interest of R.D., a Child v. the State of Texas
Docket 07-26-00157-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 7th District (Amarillo)
- Type
- Lead Opinion
- Case type
- Family
- Disposition
- Remanded
- Docket
- 07-26-00157-CV
Appeal from the trial court’s order terminating parental rights; appeal abated for lack of a timely reporter’s record
Summary
The court issued a memorandum order in an appeal from a trial court’s termination of J.H.’s parental rights to R.D. because the court reporter failed to file the reporter’s record by the due date. Noting lack of communication from the reporter, the appellate court abated the appeal and remanded to the trial court to determine what remains to complete the record, why it is incomplete, how much time is needed, and whether a substitute reporter is required. The trial court must enter orders, include findings in a supplemental clerk’s record, and file that record by April 23, 2026, unless the reporter files the record first.
Issues Decided
- Whether the appellate record (reporter’s record) has been timely filed for an appeal from a parental termination order
- What actions the trial court must take to complete the appellate record when the reporter has failed to file the record
- Whether the trial court should appoint a substitute reporter if the original reporter cannot timely complete the record
Court's Reasoning
The court relied on Texas appellate rules placing joint responsibility on trial and appellate courts to ensure the record is timely filed and empowering appellate courts to order measures to avoid delay. Because the reporter missed the filing deadline and did not communicate, the court concluded abatement and remand were necessary so the trial court can investigate the delay, set a reasonable completion period, and arrange a substitute reporter if needed. The child-protection context makes prompt resolution time sensitive, so the court set a specific deadline for supplemental filings.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 35.3(c), 37.3(a)(2)
- Texas Rules of Judicial AdministrationTEX. R. JUD. ADMIN. 6.2(a)
- Texas Rules of Appellate Procedure (privacy)TEX. R. APP. P. 9.8(b)
Parties
- Appellant
- J.H.
- Plaintiff
- State (implicit — child-protection proceeding)
- Child
- R.D.
- Judge
- Jack M. Graham
Key Dates
- Opinion date
- 2026-04-13
- Reporter’s record due date
- 2026-03-23
- Court notified reporter of overdue record
- 2026-03-26
- Deadline for supplemental clerk’s record
- 2026-04-23
What You Should Do Next
- 1
Trial court inquire into reporter delay
The trial court should determine what tasks remain for the reporter, why those tasks are incomplete, and how much additional time is reasonably necessary to finish the record.
- 2
Consider appointing substitute reporter
If the trial court finds the reporter cannot complete the record within a reasonable time (more than twenty days), it should arrange for a substitute reporter to prepare, certify, and file the record.
- 3
File supplemental clerk’s record
The trial court must include its findings in a supplemental clerk’s record and ensure that record is filed with the appellate court by April 23, 2026, unless the original reporter files the record earlier.
- 4
Appellant consult counsel
Appellant should consult counsel about preserving any objections related to the missing record and preparing for the appeal once the record is filed.
Frequently Asked Questions
- What did the court decide?
- The appellate court paused the appeal and sent the case back to the trial court because the court reporter did not file the transcript on time.
- Who is affected by this decision?
- The appellant (J.H.), the child (R.D.), the trial court, and the court reporter are directly affected because the appeal cannot proceed without the record.
- What happens next?
- The trial court must determine why the record is incomplete, how long completion will take, and whether to appoint a substitute reporter; it must file findings and a supplemental clerk’s record by April 23, 2026, unless the reporter files the record first.
- Can this be appealed further?
- This order abating the appeal and remanding for the record is procedural; once the record is filed and the appeal proceeds, parties may raise procedural complaints as appropriate, but this abatement itself is intended to preserve the appeal rather than resolve substantive claims.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00157-CV
IN THE INTEREST OF R.D., A CHILD
On Appeal from the 251st District Court
Randall County, Texas
Trial Court No. 68851-C, Honorable Jack M. Graham, Presiding
April 13, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, J.H., appeals from the trial court’s order terminating his parental rights
to his child, R.D. 1 The reporter’s record was due on March 23, 2026, but was not filed.
By letter of March 26, 2026, we notified the reporter that the record was overdue and
directed her to advise this Court of the status of the record by April 6, 2026. The reporter
has not filed the record or had any further communication with this Court to date.
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly
1 To protect the privacy of the parties involved, we refer to them by their initials. See TEX. R. APP.
P. 9.8(b).
responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring
appellate courts to “make whatever order is appropriate to avoid further delay and to
preserve the parties’ rights” when the appellate record is not timely filed). On remand,
the trial court shall determine the following:
(1) what tasks remain to complete the filing of the reporter’s record;
(2) why the reporter has not completed the necessary tasks;
(3) what amount of time is reasonably necessary for the completion of
those tasks; and
(4) whether the reporter can complete the tasks within the time the trial
court finds reasonable.
Should the trial court determine that the reporter will require more than twenty days
to from the date of this order to complete, certify, and file the reporter’s record, it shall
arrange for a substitute reporter to do so. The trial court is directed to enter such orders
necessary to address the aforementioned questions. So too shall it include its findings
on those matters in a supplemental clerk’s record. Due to the time-sensitive nature of an
appeal from a parental termination order, the supplemental clerk’s record shall be filed
with the Clerk of this Court by April 23, 2026. See TEX. R. JUD. ADMIN. 6.2(a).
Should the reporter file the record on or before the date the trial court acts per our
directive, she is directed to immediately notify the trial court of the filing, in writing,
whereupon the trial court shall not be required to take any further action.
It is so ordered.
Per Curiam
2