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Status Hearing
Initial Permanency
Hearing
Permanency Hearing
Trial/Final Hearing
Child Removed
Texas Dependency Court Case Scenario
A Child’s Journey Through the Texas Courts
Involuntary TerminationOf
Parental Rights
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Child Removed Scenario
The purpose of this scenario is to show the sequence of events that occur during a child protection case and the data collected during this process.When children are removed from the possession of parents, there is a statutorily mandated timeline with various hearings that must occur. This is represented by the timeline on left side of this presentation.This scenario begins with the filing of a report of abuse or neglect.
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Child Removed Case History
Mary and Sam Jones have two sons, Sam, Jr. and John.Mary and Sam neglected Sam, Jr. and their parental rights were terminated. Mary’s parents adopted Sam, Jr. Mary and Sam divorced and Mary now lives with her boyfriend, Joe Jackson; they have a son, David. David is prescribed antidepressants for a medical condition.Mary and Joe have been reported to DFPS for abusing John and David.DFPS has filed a petition for the removal of both children.
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Child Removed Petition
CAUSE NO 123-456
IN THE INTEREST OF * IN THE 999th DISTRICT COURT * Sam, Jr. * John * OF Davey * CHILDREN * TARRANT COUNTY, TEXAS
PETITION FOR ORDER TO REMOVE CHILDREN This Petition is filed pursuant to Chapter 264, Texas Family code by the Department of Family and Protective Services (“the Department”), whose address is P.O. Box 9999, Ft. Worth, Texas 99999, for the purposes of § 30.015, Texas Civil Practices and Remedies Code. The Department, for the reasons shown below and included in the affidavit attached hereto and incorporated herein in its entirety, hereby requests court orders directing the Respondent to participate in services the Department provides or purchases for alleviating the effects of abuse or neglect, and to permit the children and any siblings of the children to receive services, pursuant § 264.203, Texas Family Code. 1. Facts and Request for Orders
1.1 On the 2nd day of January, 2007, the Department received, and has probably cause to investigate, a report of child abuse and/or neglect with respect to the following children:
Name: JOHN JONES
Sex: Male Age: 16
School: County High
Name: DAVEY JACKSON Sex: Male Age: 8
School: City Primary 1.2 An investigation has been completed which confirmed that the children are suffering
from the effects of abuse or neglect, and a service plan has been developed which includes provision for the following services: Casework services such as, home visits, Drug/Alcohol Assessment, random drug testing, and drug treatment
This is an example of a petition for a suit affecting the parent-child relationship (SAPCR).
When the suit is filed by the prosecuting attorney a case is opened in the court.
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Child Removed Collect Data – Person Information
Relationships to Mary:
Child Parent – Sam Jones, Jr.Child Parent – John JonesChild-Parent – David JacksonDivorced – Sam Jones, Sr.Romantic Interest – Joe Jackson
Mary• Last Name - Jones• First Name – Mary Lynn• Alias - Mary• Middle Name – Louise• Address – 123 Avenue A• City – Fort Worth• County – Tarrant• State – Texas• Zip Code - 99999• Birth Date – 4/13/1978• Sex – Female• Telephone No. – 555-
5555• Service Date –
12/14/2006• Role - Mother
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Collect Data – Person Information
David• Last Name - Jackson• First Name – David• Middle Name – Lance• Address – 123 Avenue A• City – Fort Worth• County – Tarrant• State – Texas• Zip Code - 99999• Birth Date – 6/13/1998• Sex – Male• Telephone Number – 555-
5555• ICWA – No• Interpreter Needed – Yes• Medications – Ativan,
Prozac• Role - Child
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Child Removed
Conservatorship CaseNon-Emergency Removal
HearingMary and Joe are served with the petition.A Non-Emergency Removal Hearing is held. The judge hears testimony regarding the facts alleged in the DFPS affidavit, and from the other parties and any witnesses.The judge orders removal of the children from the home; they are to be placed in foster care.An Attorney ad litem (AAL) and a Guardian ad litem (GAL) is appointed for the children.The judge orders temporary managing conservatorship (TMC) to DFPS.The timeline starts on the day the children are removed.An Adversary Hearing is set for no later than the 14th day after the children are removed.
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Child RemovedCollect Data – Case
InformationCase• Cause Number – 123-456• Style – ITIO Jones/Jackson children• County of Jurisdiction – Tarrant• Court – 999th District Court• Administrative Judicial Region – Region 8• Filing Date – 12/14/2006• Case Type – Conservatorship• Related Case(s) – 4325678 – TPR Sam Jones Jr.• Originating Court – 111th District Court• DFPS Region – Region 3
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Child Removed Adversary Hearing
The Adversary Hearing is held; considering the DFPS testimony and the affidavit describing the facts, the judge determines there is danger in sending the children home and that it is in their best interest not to return.The parents commit to working with DFPS to have their children returned.Joe tells the court that he doesn’t know whether he is David’s father. The judge orders a paternity test for Joe.The judge asks if Mary and Joe can afford an attorney; neither are working and they submit an Affidavit of Indigency.The judge appoints an attorney to represent Mary; however, Joe is not appointed an attorney until the paternity test results are received.
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Child Removed Adversary Hearing (cont.)
Mary reports she cannot find John’s father, Sam, Sr.; Mary also reports that her parents want to take both boys. Neither child is ICWA eligible and the judge orders continued TMC to DFPS and placement with the grandparents pending a home study.The judge informs the parents that failure to provide a safe home for the children could result in their parental rights being restricted or terminated.The Status Hearing is set for no later than the 60th day after TMC.
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Child Removed Example of Court Records
CAUSE NO 123-456
IN THE INTEREST OF * IN THE 999th DISTRICT COURT * John * OF Davey * * CHILDREN * TARRANT COUNTY, TEXAS
AFFIDAVIT OF INDIGENCY The undersigned makes this affidavit in connection with the filing of the above numbered and entitled Cause without the posting of a security deposit and for the purpose of having citation issued in accordance with Texas Rule of Civil Procedure 145. I understand that the information called for is furnished under penalties of perjury. I have checked the items applicable to me.
1. Basis for indigency: I am unable to pay a court cost deposit because: ( ) I am presently receiving government entitlement base on indigency, as follows: (Describe nature and amount of government entitlement.) _______________________________________________________________________ ( ) I have no ability to pay court costs based on facts set out below: _______________________________________________________________________
2. Employment Information: ( ) I am not now employed: the last time I was employed was ____________________. ( ) I am employed: I wowrk for:
Name of Company__________________________________________________ Address: ______________________________________Telephone:___________ The nature of my job is ______________________________________________ The income I receive from this job is $ ____________________per ___________
3. Income from sources other than employment:
( ) I have no income from sources other than employment, such as interest, dividends, annuities, etc. ( ) I have income from sources other than employment as follows: Type of Income Amount Per Period _____________ ________________ _____________ ________________
CAUSE NO 123-456
IN THE INTEREST OF * IN THE 999th DISTRICT COURT * John * OF Davey * * CHILDREN * TARRANT COUNTY, TEXAS
AFFIDAVIT BEFORE ME, a Notary Public in and for said County, State of Texas, on this day personally appeared Justin Schaffer, who after being by me duly sworn, an oath deposes and says: “My name is Justin Schaffer and I am employed by the Texas Department of Family and Protective Services. Interstate Compact on the Placement of Child “At the time of the filing of this petition, an interstate placement is not planned, but the Texas Department of Family and Protective Services will comply with all requirements of the Interstate Compact on the Placement of Children as set forth in Chapter 162, Subchapter B, Tex. Fam. Code.” Information to be submitted to the Court Pursuant to the Uniform Child Custody Jusrisdiction and Enforcement Act “The present address of the child(ren) that is subject of this suit: 123 Avenue A, Ft. Worth, TX 999999, (Tarrant County) “All Known places where the child(ren) has lived within the last five years are: 123 Avenue A, Ft. Worth, TX 999999, (Tarrant County) 1111 Eleventh St, Ft. Worth, TX 99999, (Tarrant County) 555 Pine St., Dallas, TX 99999, (Dallas County) “The names and present addresses of all the know persons with whom the child(ren) has lived with in the last five years are: Mary Jones 123 Avenue A Ft. Worth, TX 99999 (Tarrant County) Joe Jackson 123 Avenue A Ft. Worth, TX 99999 (Tarrant County) “To the best of my knowledge, the Department: “has not participated in any capacity in any other litigation concerning the custody of the child(ren) in this or any other state;
CAUSE NO. 123-456 IN THE INTEREST OF * IN THE 999th DISTRICT COURT * John * OF Davey *
* TARRANT COUNTY, TEXAS CHILD(REN)
ORDER FOR GENETIC TESTING
The Court finds that the performance of scientifically accepted genetic testing of one or more
parties to this suit for the purpose of determining the parentage of the child(ren) the subject of this
suit is required pursuant to Section 160.502 and Chapter 262, Texas Family Code and in the best
interest of the child(ren).
IT IS ORDERED that the Texas Department of Family and Protective Services (Department)
obtain or otherwise arrange for genetic paternity testing in accordance with the requirements
specified by Section 160.503, Texas Family Code, of the child(ren) and parties indicated below:
The following child(ren) is/are the subject of this ORDER:
Name Sex Birth Date SSN
Davey Jackson Male 06/13/1998 999-99-9999
The following parents, alleged parents or presumed parents are ORDERED to present
themselves, along with the any of the above listed child(ren) in the actual custody or control of that
party, at such time and place as designated by the Department, Office of the Attorney General of
Texas, or their designee and shall submit to genetic parentage testing by designated expert:
Name Birth Date SSN DL Number
Mother: Mary Jones 04/14/1961 999-99-9999 99999999
Alleged Father: Joe Jackson 10/28/1959 9999-99-999 99999999
IT IS ORDERED that each of the above parties requested to submit to genetic parentage
testing shall furnish appropriate photographic identification or documentation as may be requested to
verify their identity or the identity of the child(ren).
IT IS ORDERED that each of the parties identified above shall permit the designated expert or
Affidavit of Indigency
Paternity Test Order
DFPS Sworn Affidavit
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Child Removed Update Data - Adversary
HearingJohn• Permanency Plan – Family Reunification• Placement – Relative
David• Permanency Plan – Family Reunification• Placement – Relative• Order (Child-Parent) – Paternity Testing Order
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Child Removed Status HearingThe Status Hearing is held.The paternity test proves Joe is the father of David; the judge appoints Mary’s attorney to represent Joe.The CASA reports David is doing fine at the grandparents home, but John spends most of his time at the apartment of his brother, Sam, Jr.; both John and David are doing well in school.DFPS submits the medical summary for the children; reports that neither Mary nor Joe have participated in any of the services recommended in the Service Plan.The judge reviews and approves the Service Plan.The judge informs the parents that non-compliance could result in restriction or termination of their parental rights.The Initial Permanency Hearing is set for no later than 180 days after TMC.
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Child RemovedSummary of Children’s
Medical CareCAUSE NO. 123-456
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
JOHN § TARRANT COUNTY, TEXAS
DAVEY §
CHILD(REN) § 999th JUDICIAL DISTRICT
Status Hearing
Summary of Child(ren)’s Medical Care
The Texas Department of Family and Protective Services presents this summary to the Court to enable the court to review the child(ren)’s Medical Care. The Department was appointed Temporary Managing Conservator of the child(ren) on 2/21/2007. The individual(s) designated by DFPS to consent to medical care, or the individual authorized by the court to consent to medical care: Sean and Emma O’Riley Relationship or role in case:Maternal Grandparents Summarize the child(ren)’s Medical Care since the last hearing, held on:2/12/2007: Medical care includes: None (1) The nature of any emergency medical care provided to the child and the circumstances necessitating emergency medical Care, including any injury or acute illness suffered by the child: None (2) All medical treatment that the child is receiving and the child’s progress with the treatment: None (3) Any medication prescribed for the child and the condition, diagnosis, and symptoms for which the medication was prescribed and the child’s progress with the medication: Davey takes Ativan and Prozac for his autism disorder. The dosage has not changed.
Example of the Summary of Children’s Medical Care Document submitted by the Department
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Child Removed Initial Permanency HearingThe Initial Permanency Hearing is held; Mary attends but Joe does not; Mary’s leg is broken and she needs a wheelchair to get in and out of court.The CASA reports David has settled in and is happy to be living with his grandparents. John has a part-time job and wants to move in with Sam, Jr.; Both John and David are doing great in school and are healthy.DFPS confirms they have exercised due diligence in trying to find John’s father and have served him by publication.DFPS reports very little participation in the Service Plan on Mary’s part and Joe has not complied at all; Joe has been drunk and gone to Mary’s parent’s house several times and aggressively demanded to see David. Mary still contends that she will do anything she must to get her children back, but Joe has told her he will leave her if the boys return.
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Child RemovedInitial Permanency Hearing
(cont.)The judge tells Mary that if Joe does not participate in services, he will have to leave the home permanently in order for her to regain custody of the children.Mary files a motion for a protective order to restrain Joe from going to her or to her parents home and to protect her and her children; Joe is flagged as a security risk.The judge notifies Mary that she must not let Joe return and she must comply with the Service Plan or her parental rights could be restricted or terminated.The judge orders DFPS to provide services for transition to independent living for John. He’s 17, doing well in school, has a job, and seems to be able to take care of himself. DFPS will update John’s Permanency Plan.The Permanency Hearing is set for no later than 120th day after the Initial Permanency Hearing.The Final Hearing is set for the Monday after the first anniversary of the Department being granted TMC.
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Child RemovedProtective Order
ApplicationCAUSE NO 123-456
IN THE INTEREST OF * IN THE 999th DISTRICT COURT * * John * OF Davey * CHILDREN * TARRANT COUNTY, TEXAS
APPLICATION FOR PROTECTIVE ORDER 1. Parties Applicant: Mary Jones Respondent: Joe Jackson, 123 Avenue A, Ft. Worth, TX 99999 Check all that apply:
The Applicant and Respondent are or were members of the same family or household. The Applicant and Respondent are or parents of the same child or children. The Applicant and Respondent used to be married. The Applicant and Respondent are or were dating. The Applicant is an adult asking for protection for the children named below from child
abuse and/or family or dating violence. 2. Children: The Applicant is asking for protection for these children under age 18:
Name: Is Respondent the biological parent? County of Residence a. John Jones Yes No Tarrant b. Davey Jackson Yes No Tarrant
3. Other Adults: The Applicant is asking for protection for these adults, wo are or were
members of the Applicant’s family or household: Name: County of Residence
a. Sean O’Riley Tarrant b. Emma O’Riley Tarrant c. Sam Jones, Jr. Tarrant
4. Other Court Cases: Are there other court cases, like divorce, custody, support, involving
the Applicant, Respondent, or the Children? Yes No If “Yes,” say what kind of case and if the case is active or completed. Suit Affecting the Child-Parent Relationship - Active
5. Grounds: Why is the Applicant asking for this protective order? Check one or both:
The Respondent committed family violence and is likely to commit family violence in the future.
The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less.
Example of the application for a protective order submitted by Mary to have Joe removed from her home.
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Child RemovedUpdate Data - Initial Permanency Hearing
John• Permanency Plan – Independent Living• Placement – Relative
Joe• Security Risk – Yes
Mary• Special Accessibility Needed - Yes
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The Permanency Hearing is held.Mary and her mother attend; they report Mary’s father is very ill; Emma has had to quit her part-time job to take care of him; regrettably, she can no longer take care of David.The CASA confirms the grandparents are no longer able to care for David; they have exhausted community resources.DFPS reports that Joe left the house for three days but returned; Mary has not exercised her right to have him removed.
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(cont.)Since Mary has not complied with the Service Plan, DFPS is moving forward with termination of Mary and Joe’s parental rights to David so they can place him for adoption.The judge orders David to be placed in foster care with the appropriate license to deal with his autism; since John is already taking care of himself, he will remain with his grandparents; David’s Permanency Plan will be amended.The judge orders mediation to address termination of parental rights in hopes of expediting adoption for David.The Trial/Final Hearing is set for no later than the Monday after the first anniversary of the Department being granted TMC.
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Update Data - Permanency Hearing
David• Placement – Foster Care• Service Level – Specialized • Care Type - Habilitative
Case• Referred to Mediation Date – 12/05/2007
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Child Removed Trial/Final Hearing
The Trial/Final Hearing is held and neither parent is present.Mediation was unsuccessful; DFPS was unable to obtain voluntary relinquishment for David.The CASA reports David is struggling with adjusting to his new foster home; he is acting out at school; John has saved enough money and is ready to move in with Sam, Jr.; Both John and David are medically healthy.The judge orders services to meet David’s special needs; he is to remain in the foster home.
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Child Removed Trial/Final Hearing (cont.)The judge orders termination of parental rights for David on the following grounds:• 161.001(1)(D) Surroundings Endangers Physical or
Emotional Well-being• 161.001(1)(E) Conduct Endangers Physical or Emotional
Well-being• 161.001(1)(M) Parental Rights w/Another Child
Terminated
The final order is rendered; John will be living independently with Sam, Jr. under Permanent Managing Conservatorship with DFPS without termination of parental rights; David is placed in Permanent Managing Conservatorship with DFPS with termination of the parent-child relationship with a Permanency Plan of Adoption.The Six Month Placement Review Hearing for David is set for no later than180 days from the Trial/Final Hearing; John will Age-Out before the next hearing.
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Child RemovedUpdate Data – Trial/Final
HeartingCase• Mediation Results – Unsuccessful
John• Order (Final) – PMC to DFPS w/o Termination• Discharge Reason – Age Out
David• Order (Final) – Adoption• Order (Child-Parent) – Termination of Parental
Rights Order• Permanency Plan(s) (A,B,C) – Unrelated
Adoption
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Child Removed Placement Review Hearing
The Placement Review Hearing is held.DFPS reports Davey has adjusted to his foster home; his foster parents want to adopt him; they have filed an adoption petition.The next Placement Review Hearing is scheduled for no later than180 days after the this Placement Review Hearing.
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The End
