In re The Tex. Dep't of Family & Protective Servs.

Full title: IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 29, 2022

No. 04-22-00175-CV (Tex. App. Mar. 29, 2022)

Opinion

04-22-00175-CV

03-29-2022

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

PER CURIAM

Original Mandamus Proceeding ¹

1 This proceeding arises out of Cause No. 2013-PA-01215, styled In The Interest Of E.H. R.P., Children, pending in the 288th Judicial District Court, Bexar County, Texas. The Honorable Mary Lou Alvarez signed the order at issue in this proceeding.

Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice

ORDER

PER CURIAM

Following a March 16, 2022 hearing, the trial court signed an order entitled "Further Orders of the Court as to E.H. Following Child Without Placement Hearing" (the "March 16 order").

On March 28, 2022, Relator filed a petition for writ of mandamus complaining of the March 16 order. Relator also filed a motion asking this court to stay: the March 16 order, "any new or revised orders to have the same effect," and "the trial court from taking punitive and coercive action to enforce the provisions of [the March 16] order, including but not limited to incarceration and monetary sanctions."

Given the time constraints, Relator has not been able to obtain a transcript of the hearing. We ORDER Relator to file, no later than April 8, 2022, a transcript of the March 16 hearing.

We GRANT the motion for temporary emergency relief in part as follows:

1. The following decretal paragraph in the trial court's March 16 order rendered on March 16, 2022 and signed on March 25, 2022 is STAYED pending further order of this court:

2.3 IT IS ORDERED that the Texas Department of Family and Protective Services is to identify and execute a child specific contract for any or all child placing agencies with therapeutic foster homes that can meet the child's needs. The Department is to provide a list of all the potential

1

placements identified by March 21st, 2022 at noon to the child's attorney, educational surrogate/guardian ad litem and CASA volunteer.

2. Any further proceedings regarding the creation of contracts or the payment of funds pertaining to a child-specific contract for E.H. are STAYED pending further order of this court

3. Any contempt proceedings, sanctions, or any enforcement of decretal paragraph 2.3 in the March 16 order are STAYED pending further order of this court.

It is so ORDERED. 2