From Casetext: Smarter Legal Research

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

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2024
No. 04-24-00219-CV (Tex. App. Jun. 25, 2024)

Opinion

04-24-00219-CV

06-25-2024

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES


Original Mandamus Proceeding

This proceeding arises out of Cause No. 2020-PA-01945, styled In the Interest of J.D., a Child, in the 150th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.

Sitting: Patricia O. Alvarez, Justice, Irene Rios, Justice, Lori I. Valenzuela, Justice

ORDER

PER CURIAM

Relator, the Texas Department of Family and Protective Services, is the permanent managing conservator of J.D., the seventeen-year-old child who is the subject of the underlying matter. Relator has been J.D.'s permanent managing conservator since June 29, 2021, when the trial court terminated the parental rights of J.D.'s parents.

On April 11, 2024, this court issued a stay of all proceedings in the underlying matter. However, the stay provides that "Respondent, Relator, or any other interested party may request from this court a temporary lift of this stay."

On June 14, 2024, Relator filed a motion to lift the stay to allow Relator to file a recusal motion and to allow Respondent to address that motion.

We GRANT the motion and temporarily lift the stay for the following, specific, limited purposes:

(1) Relator is permitted to file its recusal motion in the underlying matter;
(2) Respondent is permitted to address the recusal motion in accordance with Rule 18a(f)(1) of the Texas Rules of Civil Procedure;
(3) Real Party in Interest may, but need not, file a response to the recusal motion in accordance with Rule 18a(c)(1) of the Texas Rules of Civil Procedure.

This order shall not be construed as permitting Respondent to conduct any other proceedings in the underlying matter. All other relief not expressly granted herein is DENIED.

We reiterate that any act in defiance of this order or the stay may subject the Respondent to contempt proceedings.

It is so ORDERED.


Summaries of

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

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2024
No. 04-24-00219-CV (Tex. App. Jun. 25, 2024)
Case details for

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

Case Details

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

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

Date published: Jun 25, 2024

Citations

No. 04-24-00219-CV (Tex. App. Jun. 25, 2024)