Opinion
04-23-00382-CV
07-31-2023
IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
This proceeding arises out of Cause No. 2020-PA-01945, styled In the Interest of J.D., a child, pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Lori I. Valenzuela, Justice
ORDER
PER CURIAM
Following an April 19, 2023 hearing, the trial court signed an order entitled "Benchmark Hearing After Final Order and Modification of Prior Orders" (the "April 19 order") providing in paragraph 2.1: "CPS employees Ms. Gallegos and Ms. Mack are ordered to appear in person for a hearing at 1:30 pm on 4/20/2023 to testify about highest rate contract paid by CPS in the last 6 months for high acuity youth." On April 20, 2023, relator filed an amended petition and emergency motion, seeking to stay the trial court's April 19 order. On April 21, 2023, we stayed the trial court's order.
On July 14, 2023, the trial court issued an order entitled "Order to Show Cause" providing as follows:
On April 19, 2023, the Court considered the proceedings that occurred in this cause on April 18, 2023 and April 19, 2023, reviewed the pleadings, and issued an order from the bench requiring Sofia Gallegos to appear in in the 45th Judicial District Court of Bexar County, Texas, Bexar County Courthouse, Fourth Floor, 100 Dolorosa, San Antonio, Texas, at 1:30 p.m. on April 20, 2023, and present testimony regarding the highest contract rate paid by the Department for children with specific types of needs in placement. The Court has taken notice of Sofia Gallegos' failure to appear in person for the hearing as ordered by the Court.
ACCORDINGLY, IT IS ORDERED that Sofia Gallegos and the Department appear before this Court on July 31, 2023, at 3:30 o'clock, p.m., in person in the 45th District Court of Bexar County, San Antonio, Texas, 100 Dolorosa, San Antonio, Texas to show cause, if any, why Sofia Gallegos should not be held in civil contempt of the Court."
On July 24, 2023 relator filed a "Fifth Motion to Enforce Stay Orders and Sixth Motion for Temporary Emergency Relief ("July 24 motions"). The Department requests this Court: (1) stay the show cause order ordering Sofia Gallegos and the Department to appear before the trial court on July 31, 2023, at 3:30 p.m.; (2) stay of any contempt proceedings, sanctions, or any enforcement action with respect to all the complained of orders issued by this trial court; and (3) consider all enforcement action because the trial court's continued, knowing violations of this Court's stays are actively obstructing the proper administration of justice.
We GRANT IN PART the July 24 motions as follows:
1. The following paragraph in the trial court's July 14, 2023 Order to Show Cause is STAYED pending further order of this Court:
ACCORDINGLY, IT IS ORDERED that Sofia Gallegos and the Department appear before this Court on July 31, 2023, at 3:30 o'clock, p.m., in person in the 45th District Court of Bexar County, San Antonio, Texas, 100 Dolorosa, San Antonio, Texas to show cause, if any, why Sofia Gallegos should not be held in civil contempt of the Court."
2. Any further proceedings regarding the show cause order paragraph identified in decretal paragraph no. 1 above, including any contempt proceedings, sanctions, or enforcement, are STAYED pending further order of this Court.
The enforcement motion remains under our consideration.
We FURTHER ORDER the clerk of this Court to serve this order on RESPONDENT, the HONORABLE JUDGE MARY LOU ALVAREZ, by certified mail, return receipt requested, and by first class United States mail.
This Court's April 21, 2023, May 12, 2023, May 24, 2023, June 26, 2023, and June 30, 2023 orders, each of which is incorporated herein by reference, remain in effect.
It is so ORDERED.