Opinion
04-22-00204-CV
07-13-2022
IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
This proceeding arises out of Cause No. 2021-PA-00518, styled In the Interest of M.T.M.S., a Child, pending in the 131st Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice
MEMORANDUM OPINION
IRENE RIOS, JUSTICE
On April 11, 2022, the Texas Department of Family and Protective Services (the "Department") filed its original petition for writ of mandamus. The Department also filed a motion for temporary relief to stay specific orders rendered in the underlying case pending a final resolution of the petition for writ of mandamus. On April 12, 2022, the Department filed an amended petition for writ of mandamus wherein the Department removed several arguments complained of in its original mandamus petition. The Department also filed an amended motion for temporary relief, which this court granted in part on April 18, 2022. On April 19, 2022, the Department filed a second amended petition for writ of mandamus and a second amended motion for temporary relief.
After considering the second amended petition, the response filed, and the record, this court concludes the Department is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). The stay imposed on April 18, 2022 is lifted. The Department's second amended motion for temporary relief is denied as moot.
This court previously granted habeas corpus relief regarding the issue of confinement of the Department employee. See In re Tex. Dep't of Family & Protective Servs., No. 04-22-00226-CV, 2022 WL 1751013 (Tex. App.-San Antonio June 1, 2022, orig. proceeding).