Opinion
04-24-00395-CV
06-26-2024
IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01945 Honorable Mary Lou Alvarez, Judge Presiding.
ORDER
PER CURIAM
On June 10, 2024, relator filed a petition for writ of mandamus. Relator also filed a motion for temporary emergency relief asking this court to stay certain rulings the respondent made during a hearing that occurred from May 17-24, 2024. The challenged rulings are memorialized in thirteen decretal paragraphs of judge's notes dated May 24, 2024.
Prior to the filing of this original proceeding, this court issued an April 11, 2024 order in a related original proceeding, Cause Number 04-24-00219-CV, that stayed "all proceedings in the underlying cause pending further order of this court." (emphasis in orig.). On May 6, 2024, we partially lifted the stay for the purpose of allowing the respondent to hold a permanency hearing. The rulings challenged in this original proceeding appear to arise out of that hearing. Relator's petition for writ of mandamus and motion for temporary emergency relief indicate that relator believes some, but not all, of the challenged rulings violate our April 11, 2024 stay.
Like this case, Cause Number 04-24-00219-CV arises out of trial court Cause Number 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.
This court believes a serious question concerning the mandamus relief sought requires further consideration. See Tex. R. App. P. 52.8(b). Respondent and real party in interest may file a response to the petition in this court by July 11, 2024.
Our April 11, 2024 stay remains in effect, and the terms of the May 6, 2024 order partially lifting that stay did not permit respondent to issue any additional rulings. Nevertheless, out of an abundance of caution, we GRANT relator's request for temporary emergency relief and STAY the following paragraphs of the May 24, 2024 judge's notes pending final resolution of the petition for writ of mandamus:
The Managing Conservator Shall provide the following information to the Court and all attorneys of record:
2. The number of adults that have sexually perpetrated on the Child while under the care of the Managing Conservator and prior to his 17th birthday;
6. The number of times and the reports made to NCMEC (National Center for Missing and Exploited Children) while the Child was missing from care while residing with Mrs. Lewis;
7. The number of times the Child was missing from care and Writs were filed between March 27, 2024-April 11, 2024;
9. The number of therapy sessions the Child has had since May 2, 2024 to present (during his latest CWOP);
15. The Courts that formed the basis of Ms. Levy's representation that the Court Appointed Managing Conservator does not communicate with trial courts outside the record and/or does not regularly and openly communicate with the trial Court's staff for hearing preparations;
19. Updated report on licensed placement viability on placement options requested to be explored by the Court during the Court [sic] of the hearing.
Interim Orders:
1. Beginning 5/28/24 and while the Child remains CWOP, the Court Appointed Managing Conservator shall bring the Child shall be brought [sic] to the Courthouse-45th District Court Jury Room-daily, Monday-Friday, from 1:30 pm-5 pm to engage in educational tutoring sessions with Splendid Tutoring as required by law;
2. Beginning 5/24/24 and while the Child remains CWOP, the Court Appointed Managing Conservator shall take the Child to dinner and a movie every Friday and Saturday nights from 8:00 pm-11:30 pm to provide adequate normalcy activities for the Child as required by law;
5. The Court Appointed Managing Conservator shall ensure that the Child is employed-part-time-no later than Saturday, June 1, 2024 and shall provide transportation, uniforms, and meals (if applicable) so that the Child can maintain employment;
6. The Court Appointed Managing Conservator and the Court Appointed GAL shall jointly manage the Child's money earned during employment and deposit it into a savings account for the Child's use following his 18th birthday;
8. The Court Appointed Managing Conservator shall ensure that the Child attends services at The Rock Church for so long as he continues to be placed in Bexar County;
9. The Court Appointed Managing Conservator shall enroll the Child and ensure his participation in the following job training program to explore Court Reporting-https://www.ncra.org/home/start-your-career/discoversteno-program/ncra-a-to-z-online-program;
10. For as long as the Child remains CWOP, the Court Appointed Managing Conservator shall contact the Court's staff-Ms. Barbara Schafer via email bschafer@bexar.org if any service provider is unable to schedule services as requested for this Child so that Ms. Schafer may assist the Court Appointed Managing Conservator in obtaining the appointment needed for the Child.
Again, out of an abundance of caution, we note that the terms of our April 11, 2024 stay preclude any potential enforcement or contempt proceedings, permanency hearings, or status hearings arising out of any term listed in the May 24, 2024 judge's notes, including those terms not specifically listed in this order, unless authorized by a separate order of this court.
We ORDER the chief deputy clerk of this court to: (1) send a copy of this order to the Sheriff of Bexar County so the Sheriff may personally serve the same on respondent, Judge Mary Lou Alvarez; and (2) serve a copy of this order on Judge Mary Lou Alvarez by first-class United States mail and by certified mail, return receipt requested, with delivery restricted to addressee only.
It is so ORDERED.