Opinion
04-23-00865-CV
10-19-2023
IN RE 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: Patricia O. Alvarez, Justice, Irene Rios, Justice, Liza A. Rodriguez, Justice.
ORDER
PER CURIAM.
On October 15, 2023, the relator, Texas Department of Family and Protective Services, filed an amended petition for a writ of mandamus and a second motion for emergency relief.
This court believes a serious question concerning the relief sought in the amended petition requires further consideration. See Tex. R. App. P. 52.8(b). The respondent and the real parties in interest may file a response to the amended petition no later than November 1, 2023. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
The Department's second motion for emergency relief is GRANTED. Specifically, Paragraph 2.6 of the trial court's order titled, "Permanency Hearing After Final Order - Interim Order" rendered on September 15, 2023, and signed on September 19, 2023, states:
2.6 IT IS FURTHER ORDERED THAT if the child leaves Tree of Life or the placement gives discharge notice on the child, CPS shall within 48 hours begin searching for placement at a lockdown facility, that is gated, provides 24-hour supervision and meets the educational and therapeutic needs of the child.
We ORDER Paragraph 2.6 of the trial court's September 19, 2023 order STAYED pending further order from this court. See Tex. R. App. P. 52.10(b).
On September 26, 2023, we issued an order staying Paragraph 2.2 of the September 19, 2023 order.
Additionally, Paragraphs 3.3, 3.4, and 3.6 of the trial court's order titled, "Permanency Hearing after Final Order - Interim Order" rendered on October 10, 2023, and signed on October 16, 2023, state:
3.3 IT IS FURTHER ORDERED that the Department will provide the child with supervision for the child 24 hours a day 7 days a week, "hand to hand", including at school, while sleeping and during extra-curricular activities;
3.4. IT IS FURTHER ORDERED that the Department shall provide daily therapy for the child beginning October 12, 2023;
3.6 IT IS FURTHER ORDERED that the Department shall provide the child with daily tutoring for Math and Reading until the child has the math and reading skills of a 10th grade student in their second semester, beginning October 12, 2023.
We ORDER Paragraphs 3.3, 3.4, and 3.6 of the trial court's October 16, 2023 order STAYED pending further order from this court. See Tex. R App. P. 52.10(b).
Finally, any contempt proceedings, sanctions, or any enforcement actions related to Paragraphs 2.2 and 2.6 of the September 19, 2023 order and Paragraphs 3.3, 3.4, and 3.6 of the trial court's October 16, 2023 order are STAYED pending further order from this court.
It is so ORDERED.