TX · rules
Tex. R. App. P. 28.4
Accelerated Appeals in Parental
Termination and Child Protection Cases and From
Orders Certifying a Child to Stand Trial as an
Adult
(a) Application and Definitions.
(1) Appeals in parental termination and
child protection cases and from an order
certifying a child to stand trial as an adult
are governed by the rules of appellate
procedure for accelerated appeals,
except as otherwise provided in Rule
28.4.
(2) In Rule 28.4:
(A) a “parental termination case” means
a suit in which termination of the
parent-child relationship is at issue.
(B) a “child protection case” means a
suit affecting the parent-child
relationship filed by a governmental
entity for managing
conservatorship.
(C) an “order certifying a child to stand
trial as an adult” is an order under
Family Code section 54.02 waiving
juvenile court jurisdiction and
transferring a child for prosecution
in a district or criminal district court.
(b) Appellate Record.
(1) Responsibility for Prepar ation of
Reporter’s Record. In addition to the
responsibility imposed on the trial court
in Rule 35.3(c), when the reporter’s
responsibility to prepare, certify and
timely file the reporter’s record arises
under Rule 35.3(b), the trial court must
direct the official or deputy rep orter to
immediately commence the preparation
of the reporter’s record. The trial court
must arrange for a substitute reporter, if
necessary.
(2) Extension of Time. The appellate court
may grant an extension of time to file a
record under Rule 35.3(c); however, the
extension or extensions granted must not
exceed 30 days cumulatively, absent
extraordinary circumstances.
(3) Restriction on Preparation Inapplicable.
Section 13.003 of the Civil Practice &
Remedies Code does not apply to an
appeal from a parental termination or
child protection case or an order
certifying a child to stand trial as an
adult.
(c) Remand for New Trial. If the judgment of
the appellate court reverses and remands a
parental termination or child protection case
for a new trial, the judgment must instruct the
trial court to commence the new trial no later
than 180 days after the mandate is issued by
the appellate court.
History
Notes and Comments Comment to 2011 Change: Section 51.014(d) -(f) of the Texas Civil Practice and Remedies Code, as amended in 2011, provides for appeals of orders not otherwise appealable when permitted by the trial court. The 2011 amendments, which explicitly apply only to cases commenced on or after September 1, 2011, eliminated the prior requirement that the parties agree to the appeal and reinstated a requirement that the court of appeals also permit the appeal. Act of May 25, 2011, 82nd Leg., R.S., ch. 203, §§ 3.01, 6.01 [HB274], amending Act of May 27, 2005, 79th Leg., R.S., ch. 1051 [HB1294], §§ 1- 2, 2005 Tex. Gen. Laws 3512, 3512-3513 and Act of May 17, 2001, 77th Leg., R.S., Ch. 1389 [HB978], § 1.2001 Tex. Gen. Laws 3575. The amendments necessitated the addition of Rule 28.3 and the adoption of Rule of Civil Procedure 168, which governs the procedure for obtaining permission to appeal from the trial court. New Rule 283 applies only to appeals in cases that were filed in the trial court on or after September 1, 2011. Rule 28.2 applies only to appeals in cases that were filed in the trial court before September 1, 2011. Rule of Civil Procedure 168 clarifies that the trial court’s permission to appeal should be included in the order to be appealed rather than in a separate order. As stated in Rule 28.3(c), if a prior order containing the trial court’s ruling is amended to include such permission, the time for appeal runs from the amended order. Rule 28.3(k) further clarifies that if the petition is granted, appeal is thereby perfected, and the appeal proceeds as an accelerated appeal, with all deadlines - including deadlines and obligations for preparing the record - running from the date the petition was granted. A separate notice of appeal need not be filed. The petition procedure in Rule 28.3 i s intended to be similar to the Rule 53 procedure governing petitions for review in the Supreme Court. Comment to 2023 change: Rule 28.2 is repealed. Rule 28.3 is amended to implement sections 51.014(g) and (h) of the Civil Practice and Remedies Code and governs the procedure for all permissive appeals filed after September 1, 2023. Rule 28.4 is amended to implement Texas Family Code section 56.01(h-1).
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
a96ae59142c301ab57d79cc50d1dfd2ad04de17c31a556fc2738fce7dcc19797
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