Legal Opinion

In the Interest of E.R.W.

Court of Appeals of Texas

Decided September 5, 2017No. 14-17-00178-CVPublishedCited by 96 opinions

1Opinion of the Court

OPINION

Kem Thompson Frost, Chief Justice

In this appeal we address an issue of first impression in Texas: whether the current version of Family Code section 107.013—“Mandatory Appointment of Attorney Ad Litem for Parent”—provides a non-indigent parent with a statutory right to representation by counsel in a suit by the government for termination of parental rights. Concluding that it does, we next consider whether a parent may challenge the trial court’s termination of parental rights based on ineffective assistance of the parent’s retained counsel. We conclude that a parent may assert such a…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. United States v. CronicSupreme Court of the United States · 1984
  4. Cuyler v. SullivanSupreme Court of the United States · 1980
  5. In the interest of C.H.Texas Supreme Court · 2002

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3Cited by96 opinions

  1. in the Interest of O. E. R. and L. F. J., Children, Texas Court of Appeals, 8th District (El Paso)2019
  2. in the Interest of M. L. L., a Child, Texas Court of Appeals, 8th District (El Paso)2019
  3. in the Interest of I. D. G. v. A. G., E. R. G. and R. J. G., Children, Texas Court of Appeals, 8th District (El Paso)2019
  4. A. P. v. Texas Department of Family and Protective Services, Texas Court of Appeals, 3rd District (Austin)2023
  5. D. G. and D. R., III v. Texas Department of Family and Protective Services, Texas Court of Appeals, 3rd District (Austin)2017

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