In the Interest of M.B., P.B., and K.B., Children v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-24-00343-CV

IN THE INTEREST OF M.B., P.B., AND K.B., CHILDREN,

From the 52nd District Court
Coryell County, Texas
Trial Court No. DC-22-53905

MEMORANDUM OPINION

The father of M.B., P.B., and K.B. appeals the judgment that terminated his

parental rights to his children. After a trial before the associate judge, the trial court

considered the trial de novo and rendered an order which terminated father’s and

mother’s parental rights to the children and found that termination was in the children’s

best interests. See TEX. FAM. CODE § 161.001. The trial court’s order also appointed the

Department as the children’s permanent managing conservator.

On appeal, father challenges, among other things, the trial court’s failure to apply

the Indian Child Welfare Act (ICWA) to the case. See 25 U.S.C. §§ 1901-63. The

Department concedes that the ICWA applied to the children after the parents filed for de

novo review and before the trial court terminated the parental rights upon its de novo
review. Thus, the Department requests that this Court reverse the judgment of

termination and remand the case to the trial court to conduct a new trial applying the

ICWA. We agree with the Department’s concession and request.

Accordingly, the trial court’s De Novo Order of Termination is reversed, and this

case is remanded to the trial court to conduct a new trial applying the ICWA. See In the

Interest of J.J.C., 302 S.W.3d 896, 903 (Tex. App.—Waco 2009, no pet.). A new trial must

be commenced no later than 180 days after the date the mandate is issued by this Court.

TEX. R. APP. P. 28.4(c).

LEE HARRIS
Justice

Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Reversed and remanded
Opinion delivered and filed February 13, 2025
[CV06]

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