in Re Rosemary Margenau

• Court: Court of Appeals of Texas
• Decided: September 10, 2015
• Docket: 01-15-00776-CV
• Status: Published

Opinion

ACCEPTED 01-15-00776-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/10/2015 12:09:44 PM CHRISTOPHER PRINE CLERK

01-15-00776-CV No. FILED IN IN THE COURT OF 1st APPEALS, COURT OF APPEALS HOUSTON, TEXAS 9/10/2015 12:09:44 PM CHRISTOPHER A. PRINE Clerk

In re Rosemary Margenau, Relator § FOR THE FOURTEENTH DISTRICT

§

§ HOUSTON, TEXAS

PETITION FOR WRIT OF MANDAMUS

Meyers /s/ Alison J. Alison J. Meyers Attorney for Relator State Bar No.2 24041477 1601 Westheimer Rd. Houston, Texas 77006 Ph.: 713-859-9271 Fax: 1-888-845-2889 ameyersflameverslawxom Identity of the Parties and Counsel

The following is a list of all parties and all counsel who have appeared in

this matter:

Relator: Rosemary Margenau Attorney for Relator in the trial court: Alison J. Meyers, 1601 Westheimer, Houston, Texas 77006, State Bar No. 24041477

Respondent: Honorable John Phillips

Real Party in Interest: Texas Department of Family and Protective Services in the trial Attorney for Texas Department of Family and Protective Services court: Marc 1019 Congress, 15”‘ floor, Ritter, Houston, Texas 77002, State Bar No. 1 695 1 500

Real Party in Interest: George Margenau Attorney for George Margenau in the trial court: Juliane Phillips, P.O.Box 10151, Houston, Texas 77026, State Bar No. 24000653

Real Party in Interest K. B. H. and K. M. R. Attorney Ad Litem in the trial court: Patrick Shelton,3600 Montrose, Ste 104, Houston, Texas, 77006, State Bar No 18208900 Table of Contents

Index of Authorities:

In re Cochran, 151 S.W.3d 275 (Tex. App.- Texarkana 2004)

In re Tonya Allen, 359 S.W.3d (Tex. App.- Texarkana 2012)

Texas Constitution

Texas Family Code

Texas Government Code

1. Statement of the Case

II. Statement of Jurisdiction

III. Issue Presented

IV. Statement of Facts

V. Argument

VI. Prayer

Appendices The following documents are attached to this petition and

incorporated in it for all purposes.

1.Certified Copy of “Temporary Order Following Adversary Hearing dated August 26, 2015 signed by Respondent in Cause No. 2015—04673J.

2.Reporter’s Record Volume 1 ofl Volumes in Cause No. 2015-04673} prepared and certified by Julia M. Range], 314"‘ Court Reporter.

3. Supplemental Reporter’s Record Volume 1 of 1 Volumes prepared and certified by Julia M. Rangel, 314"‘ Court Reporter Statement of the Case

1. The underlying suit is a petition for protection of a child for

conservatorship, and for termination of the parent—child relationship.

2. Respondent is Honorable John Phillips, Judge of the 314"‘

Judicial Court of Harris County, Texas whose address is 1200 Congress, 5”‘ floor,

Houston, Texas 77006.

3. Evidence was factually and legally insufficient to support

the Real Party in Interest, Department of Family and Protective Services (the

“Department”), being named Temporary Managing Conservator of the children.

Statement of Jurisdiction

This Court has jurisdiction to issue a writ of mandamus under section

6 of article V of the Texas Constitution and section 22221 (a), (b) of the Texas

Government Code.

Issue Presented

lssue No. 1: Respondent abused his discretion in denying Relator’s request to have the children returned home and naming the Department temporary managing conservator of the children because evidence presented at the adversary hearing was factually and legally insufficient pursuant to sectior 262.201 of the Texas Family Code. Statement of Facts

On or about August 6, 2015, the Department filed an Original Petition

for Protection of a Child for Conservatorship, and for Termination in Suit

Affecting the Parent—Child Relationship and Application for Writ of Attachment as

to K. B. H. and K. M. R., and subsequently removed the children from their home

and their parents’ possession.

On August 25, 2015 in Cause No. 2015-2015-04673J Respondent held the

adversary hearing required by Section 262.201 of the Texas Family Code.

Testimony from the Depa1tment’s investigator, Danitra Fields-Frazier, indicated

that the reasons for the children coming into care included outcries from both

children alleging sexual abuse, and Relator’s refusal to cooperate with the

Department. (Rep0rter’s Record at 4-5; 11) The investigator testified that prior to

filing the original petition, a “Safety Plan” was developed that required one of the

alleged perpetrators, Troy Ready, to leave the home. (Reporter’s Record at 9-10.)

The “Safety Plan” did not include a date and time certain for the children to

participate in a forensic interview at the Children’s Assessment Center (“CAC”).

(Repo1ter’s Record at 10)

Danitra Fields-Frazier testified that to her knowledge Troy Ready was

no longer living in the home as required by the Safety Plan. (Reporter’s Record at

10) Testimony regarding Relator’s refusal to cooperate with the Department included allegations that the investigator made calls and left voice messages which

were unanswered by Relator. (Reporter’s Record at 11). Additionally, the

investigator testified that attempts were made to visit the children in the home.

(Reporter’s Record at 11). The children were scheduled for a forensic interview at

the CAC. (Reporter’s Record at 5) However, they were not brought to CAC by the Relator for the interviews because the Relator believed the case to be closed.

(Reporter’s Record at 5)

Since coming into the care of the Department, K. B. H. has

participated in a forensic interview at the CAC. (Reporter’s Record at 10) An extended assessment is not required and the Department is recommending that the

child participate in a psychological assessment (Reporter’s Record at 10) K. M. R.

was hospitalized to evaluate her mental stability and is currently placed in a

Residential Treatment Central. (Reporter’s Record at 7-8) As of August 25, 2015

K. M. R. had not participated in a forensic interview. (Reporter’s Record at 10).

Relator requested that the children be returned to their home.

(Repo1ter’s Record at 20)

At the conclusion of the hearing Respondent made no rendition

regarding his orders or findings regarding the requests of Relator and the

Department. (Reporter’s Record at 26) Respondent merely set the next hearing for

this case. (Reporter’s Record at 26) Argument

A full adversary hearing was held on August 25, 2015. The purpose

of the full adversary hearing is to determine if the Department will be named

Temporary Managing Conservator of the child. Texas Family Code Section

262.201(b) sets out the burden the Department must show in order to be named

Temporary Managing Conservator of the child:

(1) there was a danger to the physical health or safety of the child which was caused by an act or failure to act of the person entitled to possession and for the child to remain in the home is contrary to the welfare of the child;

(2) the urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child’s removal; and

(3) reasonable efforts have been made to enable the child to return home, but there is a substantial risk of a continuing danger if the child is returned home.

Respondent signed a “Temporary Order Following Adversary Hearing in

Cause No. 2015-04673J dated August 26, 2015 appointing the Department as

temporary managing conservator of K. B. H. and K. M. R.

The Department offered no evidence or testimony to support a finding under

section (b)(1). A Safety Plan was established prior to filing this suit which

required the removal of one of the alleged perpetrators, Troy Ready. The “Safety

Plan” did not require the other alleged perpetrators, George Margenau and Stephen Margenau, to vacate the home. The CPS caseworker testified that to her

knowledge, the alleged perpetrator was no longer in living in the home. There was

no testimony from the caseworker or the children’s Attorney Ad Litem that there

was a danger to the physical health or safety of the children by the other alleged

perpetrators remaining in the home. In fact, the child K. B. H., participated in a

forensic interview aiid made no outcry as to sexual abuse. The only testimony

regarding the physical health of the children was in regard to K. M. H. and her

purported mental health issues. Relator testified as to her attempts to address the

child’s purported mental health issues identified prior to this lawsuit. The

Department and the children’s Attorney Ad Litem recommended that the child, K.

M. H., continue to be evaluated to assess her mental health. However, the

Department offered no testimony with regard to the danger either child would face

if returned home while the necessary evaluations were conducted. Danita Fields-

Frazier testified that the children were scheduled for a forensic interview regarding

the allegations of sexual abuse. However, the children were not brought for the

interview by the Relator and the Department testified as to numerous attempts to

contact the Relator regarding the interview and to subsequent attempts to see the

children in the Relator’s home. As a matter of law, the trial court could not have

made the requisite findings for appointing the Department Temporary Managing

Conservator because the Court had no evidence pertaining to the danger to the physical health or safety of the children. See In re Cochran, 151 S.W.3d 275, 280

(Tex. App-Texarkana 2004) (explaining that in the absence of any current

conditions or actions that would constitute a danger to the child’s health or safety,

the trial court could not have reasonably based its findings on prior terminations

alone).

The Departmenfs investigator, Danitra Fields-frazier, offered no testimony

or evidence as to the reasonable efforts under the circumstances for the children to

remain in the home pursuant to Section (b)(2) or as to the reasonable efforts made

to permit the children to return home pursuant to Section (b)(3). See In re Tonya Allen, 359 S.W. 3d 286, 291 (Tex. App ~ Texarkana 2012) (finding insufficient

evidence to support trial court’s findings under Section 262.20l(b)(2) and (b)(3)).

Prayer

Realtor prays that this Court issue its writ of mandamus commanding the trial court to vacate the order of August 26, 2015.

Meyers /s/ Alison J. Alison J. Meyers Attorney for Relator State Bar No.: 24041477 1601 Westheimer Rd. Houston, Texas 77006 Ph.: 713-859-9271 Fax: 1-888-845-2889 ameyersfiameverslawxom

Certification

I certify that I have reviewed the petition and concluded that every factual

statement in the petition is supported by competent evidence included in the

appendix or record filed with this Court.

/S/Alison J.Meyers Alison J. Meyers

10 Certificate of Service

I certify that a true copy of this Petition for Writ of Mandamus was served in

accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party

or that party’s lead counsel as follows:

Party:Honorable John Phillips, Respondent Address of service: 1200 Congress, 5”‘ Floor, Houston, Texas 77002 Method of service by mail :

Date of service: September 10, 2015

Party: The Department of Family and Protective Services Lead Attorney: Marc Ritter Address of service: 1019 Congress, 15"‘ Floor, Houston, Texas 77002 Method of service: by fax Date of service: September 10, 2015

Party: George Margenau Lead Attorney: Juliane Phillips Address of service: PO. Box 10151, Houston, Texas 77026 Method of service: by mail Date of service: September 10, 2015

Party: K. B. H. and K. M. R. Attorney Ad Litem: Patrick Shelton Address of service: 3600 Montrose, Ste. 104, Houston, Texas 77006 Method of service: by mail Date of service: September 10, 2015

A copy of this notice is being filed with the appellate clerk in accordance with rule 25 .1(e) of the Texas Rules of Appellate Procedure.

11 Appendix A:

This appendix contains the following:

1. Certified Copy of “Temporary Order Following Adversary Hearing dated August 26, 2015 signed by Respondent in Cause No. 2015-04673].

2. Reporter’s Record Volume 1 of 1 Volumes in Cause No. 2015-04673] prepared and certified by Julia M. Rangel, 314"‘ Court Reporter.

3. Supplemental Reporter’s Record Volume 1 of l Volumes prepared and certified by Julia M. Rangel, 314th Court Reporter APPENDIX A 1 8l6l2015 12:04:02 PM ‘ ; i

Oiiifiiiiiii .

Chris Daniel - District Clerk i

Ear"? c°lilmy63B3 i

nye ope o: 275 2015-04673J / Court _ i

NOTICE: THIS DOCUMENT .... Mi CONTAINS SENSITIVE DATA Tncjifi xv DANITRA Y. FIELDS-FRAZIER 600-2 JENNIFER ‘BOOTH 600-2 CAUSE N0. INTIIE INTEREST OF IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

CHILDREN JUDICIAL FAMILY/JUVENILE DISTRICT TEMPORARY ORDER FOLLOWING ADVERSARY HEARING

On 2' :2 S ’ .20/f , a full adversary hearing pursuant to §262.20l or 262.205, Texas Family Code. was held in this cause. 9 of 1 1. Appearances Page

1.6. The Department of Family and Protective Services (“the Department") appeared DANITRA -

through Y. FIELDS-FRAZIER, caseworker, and by attorney 66514602 STEPHANIE EWING and announced ready.

1.7. Respondent MOTHER ROSEMARY MARGENAU

~ El appeared in person and announced ready. Public:

the Cl appeared through attorney of record and announced ready. appeared in person and through attorney of record and announced ready. /////50/V /{jg/J U to waived issuance and service of citation by waiver duly filed. El agreed to the terms of this order as evidenced by signature below. Ci although duly and properly notified. did not appear and wholly made default. Disseminate

of‘) D was notvnotified. and did not appear. 1 Not

1.8. Respondent FATHER GEORGE MARGENAU U Page Do - - appeared in person and announced ready. Only El appeared through attorney of record and announced ready. 66946748

Use fl appeared in person and. through attorney of record and announced ready. El waived issuance and service of citation by waiver duly filed. Jx/ El agreed to the terms of this order as evidenced by signature below. Ci althoughduly and properly notified, did not appear and wholly made default. Number:

Governmental

El was ‘not notified. and did not appear.

Document

M Temporary Orders Official

P A "9 ust RECORDER'S MEMORANDUM 1 .

This instrument is.of pool‘ quality For Certified

at the time of imaging. 0 appointed by the Court.as Attorney and Guardian , Ad Litem of the children the subject of this suit. appeared and a.nnounced ready. agreed to the terms of this order as evidenced by signature below. Cl although duly and properly notified, did not appear.

1.10. Also Appearing.

'

2. Jurisdiction

The Court, afierexamining the record and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been satisfied -andthat this Court has jurisdiction of‘this case and of all the parties.

3. Findings

3.1. The Court finds there is sufficient evidence to satisfy a person of ordinary 9 prudence and caution that: (l) there was a danger to the physical health or safety of

2 of the children which was caused by an act or failure to act of the person entitled to possession and for the children to remain in the hom :'is contrary to the welfare of the children; (2) the urgent need for protection required the immediate removal Page

-

of the children and makes efforts to eliminate or prevent the children’s removal impossible or unreasonable; and (3) notwithstanding reasonable efforts to l4602

665 eliminate the need for the children’s removal and enable the children to retum home, there is a substantial risk of a continuingdanger if the children are returned Public:

home. the 3.2. A The Court finds sufficient evidence to satisfy a person of ordinary prudence and to caution that there is a continuing danger to the physical health or safety of the children and for the children to remain in the home is contrary to the welfare of Disseminate

the children. of9

2 Not 3.3. The Court finds with respect to the Page that reasonable efforts consistent with the Do - - children's health and safety have been made by the Department to prevent or Only eliminate the need for removal of the children from ‘the home and to make it 66946748 possible for the children to return home, but that continuation in the home would Use be contrary to the welfare of the children.

Number: 3.4; The Court finds that the following orders for the safety and wel"fare~of the children are in the best interest ofthe children. Governmental

Official Temporary Orders (qinad) Page 2 August 6. 2015

For Certified I

4. Appointment of Counsel for Parents or Parties

‘j 4.]. ROSEMARY MARGENAU is/ is not'indigent.i Based on Court finds that that ROSEMARY MARGENAU is not indigent and pursuant to '

the tin I

§l07.0l5 oft as Family Code, IS ORDERED that ROSEMARY 1'!‘

MARGENAU is responsi a reasonable fee the amount set by the i_n

~ y

ed to represent the '

Court by separate order to the attorney I

children, ANDIOR

‘~~ .

GEORGE MARGENAU isl is not indigent. ~ 4.2. e Court finds that Based on the

the Texas Family , IS ORDERED that GEORGE MARGENAU is

~ unt set by -the Court '

responsible to ‘pay a reasonable ' by separate order to the attorney ad litem appointed toprepresen

The Court makes no finding with regard to. the indigency of Respondent§

because said Responden is/rt,’I)’t'r'1')resent1y before the Court and/or insufficient information is available to make such a determination at this time. 9 of 3 5. Appointment of Single Counsel for Both Parents

The Court finds that the interests of both indigent parents who have responded in Page

opposition to the termination of the parent-child relationship are not in conflict, and -

66514602 therefore has appointed a single attorney ad lilem to represent the interests of both parents.

Public: 6. Conservatorship

the 6.1. IT IS ORDERED that the Department of Family and Protective Services is to appointed Temporary Managing Conservator of the following children:

Name: FEMALE Disseminate

Sex: of9

Date for Birth: 3 Not lndian Child Status: UNKNOWN Page Do - -

Name: Only Sex: FEMALE Date for Birth: 66946748

Use

Indian Child Status: UNKNOWN Number:

Governmental 6.2. IT‘lS ORDERED that the Temporary Managing Conservator shall have all the rights and duties set forth in §153.37l, Texas Family Code.-

Ofiicial Temporaty Otders (ginad) Page 3 August 6. 2015

For Certified 6.2.1. IT ES ORDERED that in addition to the rights and duties listed in §l53.371, Texas Family Code, the Department its employee or designee is authorized to consent to medical care of the subject children, pursuant to §266.004, Texas Family Code.

OR Th Coun authorizes to conse ~ care of the subject children, pursuant to '

Texas Family Co e. ' ' ' '

§266.004(b)(_1), limited to ~~ the provision of medical care services provided by the Medicar program.

6.3.. The Court finds that it is in the best interest of the children to limit the rights and duties ofeach parent

6.4. The Court makes no finding at this time with regard to the appointment of a Temporary Possessory Conservator.

Q [Or]

IT IS THEREFORE ORDERED that ~~ 6.5. 9 is appoln _ hiid, of with the limited rights and duties set forth below. 4 Page 6.6. IT IS THEREFORE ORDERED that - ‘s ap mt Conservator of the child, , withthe limited rights and duties set 0 e . 66514602

7. Rights and Duties of Temporary Possessory Parents Public: 4704 Each Order have the _ _

7.1,. this shall the following rights: to

7.1.1. the right to receive information concerning the health, education, and Disseminate welfare of the children; 9 of 7.1.2. the right to access to medical, dental, psychological, and educational 4 Not records of the children; Page Do - - 7.1.3. the right to consult with a physician, dentist, or psychologist of the Only children; 66946748

Use 7.1.4. the right to consult with school officials concerning the children's welfare and educational status, including school activities; Number:

Oiticial Tempqraryorrters (ghadj Page 4 August 6, 2015

For Certified 7.1.5. the right, during times of unsupervised possession, to consent for the child to medical, dental, and surgical treatment. during an emergency involving immediate-danger to the health and safety of the children; '

7.l.6. the right, during times of possession, to direct the moral and religious training of the children;

and the right to

f/1//’/i//’ 7.2. Each this Order ‘shall have the following duties:

7.2.1. the duty, during periods of possession of the children which are not supervised by the Department or its designee, of care, control, protection, and reasonable discipline of the children;

7.2.2. the-duty to support the children, including providing the children with clothing, food, and shelter during periods of possession of the children which are not supervised by the Department or its designee; 9 of and the duty to 5 Page

66514602

7.3. Possession of and Access to the children Public:

7.3.]. The Court finds that the application of the guidelines for possession of the and access to the children, as set out in Subchapter F, Chapter 153, to Texas Family Code, is not in the children’s best. interest. [T IS ORDERED that the parents named as temporary possessory Disseminate conservators of the children shall have limited access to and of‘) possession of the children as set forth below. 5 Not The Court finds that the parents shall have the right to visitation with Page Do the children in accordance with the policy established by Department of Family and Protective Services and at all other times mutually - -

agreeable to the Temporary Managing Conservator and the parents of Only

said children. 66946748

Number:

[of] ~ Document

Official Temporary Orders (ginad) Page 5 August 6. 2015

For Cenified 7.3.2. I'I"~IS ORDERED that each Temporary Possessory Conservator a 'nted in this Order shall have visitation with the children as

Child Support

The Court finds that the parents have a duty to support the child the subject of this suit.

[Or]

The Court makes no finding at this time with regard to the payment of child support.

IT IS ORDERED that any child support ordered to be paid for the support of the children as a result of anyprior court order be ordered to be redirected and paid to the 9 of Texas Department of Family and Protective Services. 6 Page Release of Medical and Mental Health Records

ORDERED ROSEMARY MARGENAU GEORGE -

IT IS that Respondents and 66514602 MARGENAU execute an authorization for‘ the release of Respondents‘, and the children's (if needed) past, current‘ or future medical and mental health records to the

Public: Department from all physicians, psychologists, or other health care professionals, who have treated Respondents or their children which information the Department shall be the authorized ‘to share ‘with all other groups or persons it deems necessary; and to further to provide the Department with a list of the names and addresses of all physicians, psychologists, or other healthcare providers who have tnated Respondents or the Disseminate childrerr.~. Respondents shall execute the authorization and deliver it, together with the list of physicians, psychologists, or other healthcare providers , to the Department within of‘) 15 days of the date of this hearing. 6 Not

Page Do Required Home Study -

finds that Respondent Mother, ROSEMARY MARGENAU, has/has -

Only l0.l. The Court 66946748 not submitted the Child Placement Resources Form required under §26'l.307, Use Texas Family Code.

Governmental 10.2. The-Courtfinds that Respondent Father, GEORGE MARCENAUJIBS/I188 not submitted the Child Placement Resources Form required under §26l.307, Texas Family Code. Document

Official Temporary Orders (ginad) Pqe 6 Augustli. 2015

For

Certified 10.3. IT IS ORDERED that each Parent, Alleged Father or Relative of the subject children before the Court submit the Child _Placernent Resources Form provided under §26l.307, if the form has not previously been provided and provide the Department and the Court the full name and current address or whereabouts and phone number of any and all relatives of the subject children the subject of this suit with whom the Department may place the subject children during the pendency of this suit, pursuant to § 262.201, Texas Family Code.

10.4. 1'!‘ IS ORDERED that theDepartment shall continue to evaluate substitute caregiver options until the Department identifies a relative or other designated individual qualified to be a substitute caregiver.

10.5. IT IS ORDERED that the Department shall conduct a home/social study on , if preliminary criminal and CPS background checks of all members of the household age 14 and up are favorable

11. Finding and Notice

The Court finds and hereby notifies the parents that each of the actions required of them below are necessary to obtain the return of the children, and failure to fully comply with these orders may result in the restriction or termination of parental rights. 9 of l2. Compliance with Service Plan 7 Page l2.l. ROSEMARY MARGENAU is ORDERED, pursuant to §263.l06 Texas - Family Code, to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendmcy of this suit. 66514602

12.2. GEORGE MARGENAU is ORDERED, pursuant to §263.lO6 Texas Family Public: Code, to comply with each requirement set out in the Department’s original, or any amended,_ service plan duringthe pendency of this suit. the

to l2.3. IT IS FURTHER ORDERED that: Disseminate

of‘)

7 Not

Page Do - —

Only 12.4. The court finds that this order, as supplemented by the service plan to be 66946748 approved at the Status Hearing under Texas Family Code §263.20l, sufficiently Use

defines the rights and duties of the parents of the child pursuant to Texas‘ Family Code §l53.602 and satisfies the requirements of a parenting plan. To the extent Number: Governmental there is evidence demonstrating that the children have been exposed to harmful

Official Temporary Order: (BMW) Page 7 August 6. 2015

Certified parental conflict, the coun orders that the Department address this issue in the Family Plan of Service.

13. Required lnfomration

13.]. IT IS ORDERED that each Respondent to this cause provide to the Department and the Court, no later than thirty days from the date of this hearing, the information detailed below.

l3.2. IT IS ORDERED that each Respondent to this cause provide to the Department and the Court the full name and current address or whereabouts and phone number of any absent parent of ‘the children the subject of thissuit, pursuant to Rule .194, Texas Rules of Civil Procedure.

13.3. IT IS ORDERED that each Respondent to this cause subrnitthe Child Placement Resources Fonn provided under §261.307. Texas Family Code, if the form has not been previously provided and provide to the Department and the Court the full name and current address or whereabouts and phone number of any relative of the children the subject of this suit with whom the Department’ may place the children during the pendency of this suit, pursuant to Rule 197, Texas Rules of Civil Procedure. and §262.20l(e), Texas Family Code.

9 l3.4. IT IS ORDERED that each Parent furnish information sufficient to accurately of identify that parent‘s net resources‘ and ability to pay child support along with 8 copies of income tax returns for the past. two years, any financial statements, bank Page statements, and current pay stubs, pursuant to Rule [96, Texas Rules of Civil - Procedure, and §l54.l82, Texas Family Code.

ORDERED l4602

l3.5. IT IS that each Respondent provide the Department and the Court information sufficient to establish the parentage and immigration status of the 665

Public: children, including but not limited to marriage records, birth or death certificates, baptismal records, social security cards, records of lawful permanent residence- the (“grecn cards”), naturalization certificates, and any other record of the United States to Citizenship and immigration Services and records of lndian ancestry or tribal membership.

ORDERED Disseminate

13.6. IT IS that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history of‘)

8 Not for the children. including but not limited. to the immunization records for the Page Do children and the names and addresses of all treating physicians. - -

Only l3.7. IT IS ORDERED that each Respondent provide the Department information 66946748

Use regarding the medical history of the parent and parents ancestors on the medical history report form, pursuant to §l6l.202l, Texas Family Code.

Temporary Orders Document

(sinadl Official

Page 8. August 6. 2015

For Certified l3.8. IT IS ORDERED that each Respondent to this cause provide to the Department and Court a current residence address and telephone number the. at which each can be contacted.

13.9. IT IS ORDERED that each Respondent to this cause notify the Department and the Court of any change in his or her residence address or telephone number within five (5) days of a change of address or telephone number.

Dismissal Date and Notice of Status Hearing

Pursuant to §263.306(l 1), Texas Family Code, the Co rt determines that the date for dismissal of this cause shall be E‘ Z ' 43 .

IT IS ORDERED that this cause for a Status Hearing, pursuant to § 263.201 is set Texas Family Code, on /0- / 020/5' '— at 7300 o'clock gm. in the 3/7 Judicial District Court of Harris County in Houston, Texas.

l5. All said TEMPORARY ORDERS shall continue in force during the pendency of this suit or until further order of the Court.

SIGNED this day of D’

, 2015.

9 of

9 MASTER or THE COURT Page

— SlGNED'this J/{lay of , 2015.

Public: JUDMPRESIDING

the

to

Disseminate

of9

9 Not

Page Do - -

Only

66946748

Official

Wé?i..“r2 »

For Certified I,Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this September 9, 2015

Certified Document Number: 66946748 Total Pages; 9

Céwzflt.-be DISTRICT CLERK Chris Daniel, HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com APPENDIX A 2 REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES CAUSE NO. 20l5—04673J

IN THE INTEREST OF ) IN THE DISTRICT COURT )

) HARRIS COUNTY, TEXAS )

)

CHILDREN ) 3l4TH DISTRICT COURT

‘k**k*9<*~kJ<~k‘)r~k*~k~k*l<*~k+********~k*******

SHOW CAUSE HEARING *~Jr*~k~k*k*~k*‘k**k~k*~k*k~k‘k*k~k***~k*'k*k‘k~k~kv\-~k

10 On the 25th day of August, 2015 the following

11 proceedings came on to be heard in the above-entitled 12 numbered cause before the Honorable John Phillips, Judge 13 presiding, held in Houston, Harris County, Texas. 14 Proceedings reported by Computerized Stenographic 15 Machine Method. 16

21 ORIGINAL 22

|\) (fl

Julia M. Rangel, 314th Court Reporter 713-222-4910 A P P E A R A N C E S

Mr. Marc Ritter SBOT: 165951500 ASSISTANT COUNTY ATTORNEY 1019 Congress, 17th Floor Houston, Texas 77002 _Telephone: ‘713—274—5232 Counsel for T.D.F.P.S. Mr. Patrick Shelton ATTORNEY AT LAW SBOT NO. 18208900 .3600 Montrose, Suite 104 Houston, Texas 77006 Telephone: 832-216-5909 Counsel for The Children 10 Ms. Alison Meyers ATTORNEY AT LAW 11 SBOT NO. 24041477 1601 Westheimer Road 12 Houston, Texas 77006 Telephone: 713-859-9271 13 Counsel for Respondent Mother Rosemary Margenau 14 Ms. Juli Crow ATTORNEY AT LAW 15 SBOT NO. 24000653 P. O. Box 10152 16 Houston, Texas 77206-0152 Telephone: 281-382-1395 17 Counsel for Respondent Father George Margenau 18

20 21

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Julia M. Rangel, 314th Court Reporter 713-2 22-4910 I N D E X VOLUME 1 (SHOW CAUSE HEARING)

August 25, 2015 Page V01.

Announcements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

Petitioner's Witness Direct gross V01.

DANITRA FIELDS—FRAZIER 4-12

By Ms. Meyers 9

By Ms. Crow 13

Respondent's Witness Direct Cross

10 ROSEMARX MARGENAU 16

11 By Mr. Ritter 21

12 By Mr. Shelton 22

13 Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . ..' . . . . . . . ..; 26

14 Court Reporter's Certificate . . . . . . . . . . . . . . . . . . .. 27

19 201 21

l\) (fl

Julia M. Rangel, 314th Court Reporter 713-222-4910 P R O C E E D I N G S

MR. RITTER: Your Honor, we're at a show of‘— ano—~- cause hearing in 20l5—O4673J in the interest

representing the department, caseworker is Danitra Marc Ritter

Fields—Frazier. The ad litem Mr. Shelton. Mom is present with her retained attorney Alison Meyers. And Julie Crow is present representing the father George Margenau. Call the

caseworker. 10 DANITRA FIELDS-FRAZIER 11 Having first been duly sworn, testified as 12 follows: 13 D I R E C T E X A M I N A T I O N

14 BY MR. RITTER: 15 Q Ma‘am, will you state your name for the record?

16 A Danitra Fields—Frazier. 17 Q All right. And you're the caseworker for these 18 two children?

19 A Yes.

20 Q Can you tell the judge what the referral was in 21 this case?

‘ 22 A Allegations of sexual abuse by —— on 23 by her grandfather and her two uncles. Q Okay. And were there also allegations with l\) (I1 respect to

Julia M. Rangel, 314th Court Reporter 713-222-4910 A No.

Q All right. And did you do an investigation? A Correct. Yes. ‘Q‘ All right; And as part of the —— beginning of this case, you attempted to get the mother to take the

children for forensic interviews; is that correct? A Yes.

Q All right. Did she —- was she compliant with

that? 10 A No.

ll Q Did she say why she wasn't being compliant with 12 that? 13 A She thought the case was closed.

14 Q Okay. And did you talk to the children?

- 15 A Yes.

16 Q And what disclosure did they make regarding the 17 sexual abuse allegations? 18 A didn't make a disclosure. stated

19 that her father Troy Ready licked her private area with his a

2O tongue. 21 Q Okay. And that was a -- something that happened recently, according to her disclosure; is that correct?

‘, A Correct. All right. And with respect to the

original allegations came from a rumor at school; is that

Julia M. Rangel, 314th Court Reporter 713-222-4910 correct? A Correct.

Q And was allegedly telling her friends that she had been sexually molested; is that correct? 7

A Correct.

Q All right. But when you talked to her, she actually ended up not making any -- A Correct.

Q So you're asking for a forensic interview and for

10 the agency be named temporary managing conservator? 11 A Correct. 12 Q Did —— does’ have any mental health 13 problems? The oldest child? 14 A She has not had her psychological yet. 15 Q Okay. And -- but when you talked to her, did 16 she -— was there any concerns for you about her mental

17 health? ~*

Q? 18 A She seems a little delayed. 19 Q Okay. And how about 20 A Yes.

‘I 21 Q Qkay. 22 A has been diagnosed. 23 Q And in fact, part of your investigation, you 24 talked to the child and she wanted her sister to be moved 25 out of the home; is that correct?

Julia M. Rangel, 314th Court Reporter 713-222-4910 A Correct. She wanted her room. Yes, sir.

MS. MEYERS: Objection. Calls for hearsay. -.THE‘©OURT: Your objection's overruled. I'm

waiting for you to tell me about the case, Pat. MR. SHELTON: Let me -— any objection to

offering these into evidence? Pictures.

MR. RITTER: No objection.

MR. SHELTON: This is She's

basically seven, going on eight years old. She's in a

1O mental health hospital now.

T} 11 CASEWORKER: She was moved.

12 MR. SHELTON: Okay. She was at Intracare

13 north when I saw her. And this is who's eleven

14 gmhgontwdva 15 Both children need to have a forensic interview by 16 a professional regarding sexual abuse.n allegations regarding :.

activity in the home with several individuals. They both T, 17

18 need mental healthfievaluations. the older

19 child, supposedly made comments to more than one person at

20 school, two is listed in the affidavit. So the issue is why

would somebody be, number one, making up a story of this nature. CASEWORKER: Correct.

MR. SHELTON: And number two, we want to know f there's any merit to it. And in regards to the younger

Julia M. Rangel, 314th Court Reporter 713-222-4910 child, she has some definite mental health issues. In

talking with her, she is off the wall in a number of different areas. Just scattered thinking. She was kicked

out of three elementary schools, according to the affidavit,

and then they were doing the home schooling, which of

course, means no schooling. So we've got some major issues

now.

These folks who are here who are the adoptive . W "‘ 76.

parents, adoptive mother here is 70, adoptive father is 75.

10 But part of the allegation is against the father of the

11 younger child. So we need to definitely see if there's a

12 law enforcement aspect to this case before we return the 13 children to any of these individuals named. 14 THE COURT: Okay.

15 MR. SHELTON: This child is very articulate,

16 very pleasant. Good foster home and -- 17 THE COURT: Where are the children?

18 MR. SHELTON: Well this one, when I saw her

19 on Saturday, was at Intracare north and she was in the 207 Spring area of town in a foster home.’ They have —— this is

21 a two—parent home with a nine year old sibling and they were 22 getting along very well. Arrow family. And the current

23 placement for the younger one, if you want to tell the judge. l\) U‘! CASEWORKER: m :3‘ (D m H .3 m (*1- <.’) ,4 SD PH 11)

Julia M. Rangel, 314th Court Reporter 713-222-4910 RTC. St. Claire something.

MR. SHELTON: And I would like to go visit that because my experience with —— this child is young for an RTC compared to most kids who are there; is that correct?

CASEWORKER: Well when I dropped her off last night, there were, there were kids there her age and they're

only holding her until the foster home is available. MR. SHELTON: I would recommend she be placed in foster care. When I was at Intracare, I had another 10 client there, but it was mostly older kids and there's some 11 interaction problems, just based on the age, so —— at that 12 psychiatric hospital, which is similar to most RTC’s. So 13 any foster home, I would go visit her, would be preferable. 14 THE COURT: Okay. What else? Questions? 15 MR. RITTER: I have no further questions, 16 Judge.

17 MS. MEYERS: Yes, Your Honor. I have just a 18 couple of questions. 19 C R O S S E X A M I N A T I O N 20 BY MS. MEYERS: 21 Q Prior to filing the lawsuit, was a safety plan 22 developed with the family? 23 A Yes.

24 Q Okay. And what did that include? 25 A Troy Ready to leave the home. No Contact with

Julia M. Rangel, 314th Court Reporter 713~222-4910 10

in or-j. Okay. And to your knowledge, was Trevin moved Q from the home? A Troy?

Q I apologize. Troy.

A To my knowledge.

Q Okay. And to your knowledge, is he living there now? A I don't know.

10 Q Okay. As part of that plan, did you also agree

ll that the girls would participate in forensic interviews? 12 A ‘Not part of the plan. We verbally agreed.

13 Q Okay. And has participated in a forensic

14 interview? 15 A Yes.

16 Q Okay. And if you know, what were the 17 recommendations of it? 18 A Don't know what the recommendations --

19 Q Okay. So she's not to participate in an extended

20 assessment; is that correct?f 21 A No. We just gonna -— she's gonna have a

22 psychological. 23 Q Okay. And with regard to has a forensic

interview been scheduled for her? to (II Na

Julia M. Rangel, 314th Court Reporter 713~222-4910 11

Q Is she seeing a doctor now?

A She was seeing a doctor while she was in the

hospital.

Q Okay. And you testified that, that the children were not brought to their forensic interview; is that correct? A Correct.

Q And is —— and that was the major reason for you bringing this lawsuit against the parents; is that correct? 1O A No.

11 Q What is the major reason then? 12 A The father called men asked me could he return to 13 the home and I told him no; and then Ms. Ready would not 14 cooperate or communicate with me. Or allow me to see the 15 children or to confirm if he had moved back into the home or 16 not.

17 Q Okay.

18 A I mean Ms. Margenau. I'm sorry.

19 Q And were those through phone calls or?

3202:, A I called the home. ,I left several messages. 'I

21 visited the home several times with the police officers and 22 she would not open the door, although I heard the children 23 inside the home on one occasion. E !_

24 Q Okay. And do you have records of those instances 25 where you came to the home with the police?

Julia M. Rangel, 314th Court Reporter 713-222-4910 12

A Yes.

Q Did you bring those to court with you today? A I did not. But it's in the affidavit, I believe.

Q All right. MS. MEYERS: Your Honor, I pass the witness. D I R E C T E X A M I N A T I O N

BY MR. RITTER:

Q Based on the overall circumstances of this case, why not a extended forensic with respect to 10 A Because she -- 11 MS. MEYERS: Objection. Calls for expert --

12‘ THE COURT: Your objection's overruled. 13 Q (By Mr. Ritter) Go ahead and answer?

14 A Okay. Because she didn't make a disclosure in the 15 forensic. 16 Q Okay.

17 A I mean she was -- 18 Q At least according to the affidavit, there were 19 two sources that -- zqff A..1 Correct. 21 Q —— she made statements that she was being sexually

22 abused; is that correct?

23 A Correct. 24 MS. MEYERS: Objection. A But she was sexually abused in the previous case.

Julia M. Rangel, 314th Court Reporter 713-222-4910 13

MR. RITTER: Pass the witness, Judge. C R O S S E X A M I N A T I O N BY MS. CROW:

Q You suggested that the father was asking to come home. Which father was that? A -'s father, the alleged perpetrator.

Q Was this father, standing next to me here, was he

involved in the house at all at this time? Did you have any contact with him? 1O A No, he was not.

11 Q Do you know if he was living in the same home at

12 the time?

13 A Yes, he was.

14 Q Okay. Thank you. 15 MS. CROW: Pass the witness. 16 THE COURT: Okay. What else? 17 MR. SHELTON: Nothing further. 18 MR. RITTER: Nothing else, Judge. 19 MS. MEYERS: Your Honor?

:29. at THE COURT: I kind of want to make suié I

21 understand a little bit. It seems that the —— these two

22 kids were adopted, which they're relatives? Relatives? 23 CASEWORKER: Paternal grandparents. 24 THE COURT: Grandparents. 25 MR. SHELTON: These folks right here.

Julia M. Rangel, 314th Court Reporter 713—222~49lO 14

CASEWORKER: Her paternal grandparents. She's not related to

*. THE COURT: I'm sorry?

CASEWORKER: She's not related to

She's her paternal grandparent.

MR. SHELTON: And when you read the affidavit, they mention father, uncle, grandfather. It's a

little hard to know who they're referring to in these allegations, so that's why I'd like to make sure we get to 10 the bottom. Cause one of them, Steven Morgan, though, is an ll uncle who is ~- 12 SPEAKER: My son. 13 MR. SHELTON: Yeah. His son.

14 THE COURT: Here's what I want to know to

15 start with is, why were their parent's rights terminated

16 originally? 17 CASEWORKER: I wasn't the original

18 investigator back in 2013. I believe there was some drug

19 use and allegations of sexual abuse on biological ,2QQ'[ £ather.,' ,m,, ,,,f LL

21 THE COURT: And what is his name? 22 CASEWORKER: David ~— it's in the affidavit.

23 I want to say David Garza but I'm not really sure. David

24 Hanks. I'm sorry.

25 THE COURT: Okay. Here's a name here. It

Julia M. Rangel, 314th Court Reporter 713-222-4910 15

says David Puente. Parental rights of Troy Ready, David Puente and Michelle LeeAHanks were terminated February 14th, 2012; is that this case?

CASEWORKER: Yes. ”

THE COURT: So these little girls had two

different fathers. A Troy and a David.

CASEWORKER: Correct. THE COURT: Okay. And are you saying that part of the termination had to do with sexual assault in the 10 first case? 11 CASEWORKER: David sexually assaulted Krysta. 12 THE COURT: Was there --

13 CASEWORKER: I believe. 14 THE COURT: Was there law enforcement

15 involvement in that case? 16 CASEWORKER: Yes.

17 THE COURT: Did the person --

18 CASEWORKER: From what? 19 THE COURT: Did he get convicted? ,2D,” CASEWORKER:, From what I fédall from the, ;

21 case, he's currently in jail.

22 THE COURT: Okay. Well is that the only one

23 that it was alleged that committed sexual assault against 24 one or both of the girls, this guy David? 25 CASEWORKER: Yes.

Julia M. Rangel, 314th Court Reporter 713-222-4910 16

THE COURT: Not Troy?

CASEWORKER: Not Troy. THE COURT: Okay. So the new allegations

involve Troy. CASEWORKER: Correct. THE COURT: Okay. What else do we need to talk about? MR. RITTER: Status hearing, Judge. THE COURT: I'm sorry? Okay.

1O MS. MEYERS: Your Honor, may I call my

11 client? 12 THE COURT: If you want, sure.

13 MS. MEYERS: Thank you. Like to call my

14 client.

15 ROSEMARY MARGENAU 16 Having first been duly sworn, testified as 17 follows:

18 BY MS. MEYERS: 19 Q State your name for the record, please. 720,17 “A f, Rosemary Margenau, , ,

21 Q And Ms. Margenau, you are the adoptive mother of 22 the two children and jx; is that correct?

23 A Yes, ma'am.

24 Q Okay. And at one time, did you and CPS reach a 25 safety plan regarding the children?

Julia M. Rangel, 314th Court Reporter 713-222-4910 17

A She just said that --

Q Did you -— ma'am, did you agree to have Troy leave the home? A Oh yes.

Q Okay. Due to allegations of sexual abuse; is that

correct? A Yes.

Q And did Troy leave the home? A Yes, he did.

10 Q And is he in the home now? 11 A No.

12 Q Okay. And did you become aware that the 13 department wanted to schedule forensic interviews of the 14 girls? 15 A No.

16 Q Okay. If -- are you aware that CPS made several

17 contacts to your home regarding CPS —— a forensic interview? 18 A No.

19 Q Okay. If you had known that CPS wanted the girls

1,2011: to participate inja forensic interview, Would yon have 21 complied? 22 A Yes, sir.

23 Q Would you have? 24 A Yes, ma'am.

25 Q Would you have brought them to the CAC for the

Julia M. Rangel, 314th Court Reporter 713-222-4910 18

interview? A Yes, I would.

g. Q Okay. And why is that? A I've done it before with

Q Okay. What do you mean you've done it before with

A was assessed at the Children's Assessment

Center when she was placed in my care during —— before

b I

adopted her. And I took her for about six weeks on every

10 Thursday. 11 Q Okay. Now you also heard testimony that 12 was in the hospital; is that correct?

13 A Yes.

14 Q' And do you know why she was in the hospital? 15 A Ms. Frazier, Ms. Frazier said that —- she had --

16 the doctor said she had psychosis. 17 Q Okay. Now prior to being removed from 18 your home, did exhibit behaviors requiring 19 hospitalization? 25 A '

NoL' f" ,,, " "f"”,",, 21 Q You also heard some testimony from Mr. Shelton 22 regarding ‘being kicked out of school, that's 23 correct, correct? 24 A No.

25 Q Well it's correct your heard the testimony?

Julia ML Rangel, 314th Court Reporter 713-222*49l0 19

Q And has been kicked out of schools? A No.

Q Did she exhibit behavior at sqhool and it was

recommended to you that she needed to be hospitalized? wA Pine Forest Elementary recommended be put

in a hospital because they said that she wanted to kill

herself.

Q Okay. And so what did you do based upon that 10 recommendation from the school? 11 A 1 talked to the school about counseling and 12 everything and I told them that would never say 13 anything like that. And the -- then a CPS investigator came 14 out the very next day and she talked to me and then she went

15 back to Pine Forest to talk to them. And then the CPS 16 investigator said that from her findings that Pine Forest 17 Elementary did not want her in their.school. 18 Q Okay. And was there ever the recommendation that 19 hospitalized after the investigation? '2D”:; ”.A ‘,NoL “The CPS invéétigator’§aia”a5éjwaa doing réalg

‘I 21 good and that she didn't need to be in the hospital. 22 Q Okay. ,.In your experience with then, what

23 kind of behavior would you anticipate that she would have 24 after being removed from your home? MR. RITTER: Objection. Calls for

Julia M. Rangel, 314th Court Reporter 713-222-4910 20

speculation, Judge. THE COURT: Overruled.

_, (By Ms. Meyers) You can answer. Q So your

experience with what type of —— based upon

your experience with what kind of behavior

- would you anticipate from her if she were -- after being removed from your home? Would she act out? A Say that again. Q Would be upset after being removed from

10 your home? 11 A Oh yes. 12 Q Okay. Would you anticipate that she would exhibit 13 behave —— certain behaviors? 14 A Yes.

15 Q What kind of behaviors do you think she would 16 exhibit? 17 A Crying, yelling, wanting to go back home.

Q Okay. And just to confirm, Troy is not in your home; is that correct? A“”Tfifl§TfiETWWW’ Q Okay. And so are you asking that the girls be returned to your home?

a 23 A Yes, I am.

24 Q Okay. And you've heard some testimony that 25 may need to be evaluated. Would you agree to have

Julia M. Rangel, 314th Court Reporter 713-222-4910 21

evaluated to see if she does have some mental health issues? A Yes.

Q In the event the Judge does not return the girls

to your home and he grants the State's request to be

temporary managing conservators, are you asking that you be permitted to visit A Yes.

Q Are you asking that you be permitted to visit 10 Ilfllll? 11 A Yes.

12 MS. MEYERS: Pass the witness.

13 C R O S S E X A M I N A T I O N

14 BY MR. RITTER: 15 Q Ma'am, when did the school tell you that

16 had some mental health issues? 17 A Last year. 18 Q Okay. Have you taken her to a doctor since then 19 to have her evaluated on your own? "’” “"201,” '. 7 "A1 7‘N<3I"’ 'Pl’a"C”e’d”l’Te7.‘C'"i '0?-§{k" FC3I"é’S't"’E’J_’e’ff1€=3I1t'ai'J:‘fy‘ 'SEf'1'1<':i51’"’ ”’ ' ’ "

21 and they said that she was okay. 22 Q Okay.

23 A And then -- okay. I'm sorry.

24 Q All right. So she has been kicked out of three .~ ‘

25 schools; is that correct?

Julia M. Rangel, 314th Court Reporter 713-222-4910 22

A No.

— Q Okay. She's been to three separate schools; is

that correct? A Yes. I took —— out of school and placed her in Oak Forest and I called the assistant superintendent at school for investigation of Pine Forest Elementary. Q Okay. And she's being home schooled now? A Well she was. 10 Q Okay. 11 MR. RITTER: I pass the witness, Judge. 12 C R O S S E X A M I N A T I O N

13 BY MR. SHELTON:

14 Q Ma'am, did she also go to Summerwood Elementary

15 School? 16 A Yes, 17 Q And why did she leave there? 18 A I took her out of that school because they were 19 squeezing her real hard and I don't think that's right. And __, W70. she was -- and there was a older boy there and”he knocked ,,_,,.,,, .

21 her down on the floor real, real hard and she said it hurt 22 her real bad. I talked to the teacher about it and they -- the assistant principal removed the boy from that school. ‘T’ 23

24 Q What grade is 25 A First.

Julia M. Rangel, 314th Court Reporter 713-222-4910 23

1 Q Where did you get your materials from for her home 2 schooling? 3 A The materials from home schooling? Mercer Homes 4 that I was gonna go to.

5 Q And when's the last time has seen her

6 father? 7 A Since he left home. 8 Q And his name is Troy, right? 9 A Yes.

10 Q And he left home when? 11 A That day Ms. Frazier came.

12 Q And that day was how long ago? Week or two? 13 A Oh no. Long time.

14 Q You tell me.

15 A It was May of this year.

16 Q And he is your what? 17 A Oldest son. 18 Q Okay. And after his rights were terminated, he 19 still lived in the home with his daughter? 20 A lemp'O]fa’fil"y".’" '7”V"'' "' ” ’"

21 Q Temporarily since 2012? 22 A Well his rights were terminated to take —- to have

23 possession of the child. 24 Q That was three years ago?

25 A Yes.

Julia M. Rangel, 314th Court Reporter 713-222-4910 24

1 Q So since then, he's been in your home?

2 A No. He didn't come home until latter part of 3 December. 4 Q Of what year?

5 A Of last year.

Q, 6 Q Okay. So you think you want us to do a mental

7 health evaluation on the younger one here, right?

8 A What did you say? 9 Q You want us to do a mental health evaluation. 10 Something is not right. You'd agree with that, right? 11 A Yes.

12 Q I mean she's not a normal child who's able to go 13 to school without problems. You'd agree with that, right? 14 A Well if they —— if the teachers wouldn't squeeze 15 her legs or the assistant principal wouldn't knock her off 16 the cabinet onto the floor, or if they wouldn't abuse her in 17 Summerwood School, but they didn't abuse her at Oak Forest, 18 they were super nice to them. 19 Q But they still asked her to leave? ”" 20 A’ No, they did not.

21 Q Why did you take her out? 22 A No. They said —— I'm sorry. There was a teacher 23 there that suggested Summerwood School because it was a

24 smaller classroom and they thought would do better 25 in a smaller classroom.

Julia M. Rangel, 314th Court Reporter 713~222—491O 1 Q And you understand this Steven Morgan, how long 2 has he been in the home?

3 A Since he was born. 4 Q You understand there may be a sexual abuse 5 allegation against him that's been brought up? 6 A That's the allegation. 7 Q Do you understand that that could be possible?

8 A Steven would never do that. 9 Q Okay. And who is the grandfather? This man? So

10 even —— 11 A Yes.

12 Q So even though he has adopted the children as the

13 father, he's still referred to as Grandfather?

14 A Yes.

15 Q Okay. And you understand there's maybe a sexual 16 abuse allegation against him -- 17 A Yes.

18 Q -— according to the papers? i

"20, Q That's what we're trying to”f1nd out.

21 A Yes, I understand that, sir.

22 Q All right.

23 MR. SHELTON: Pass the witness.

24 THE COURT: Anything else? 25 MR. RITTER: No, Judge.

Julia M. Rangel, 314th Court Reporter 713-222-4910 26

1 THE COURT: No? Okay. 2 MR. SHELTON: Offer these into evidence. Ad 3 Litem's 1.

4 THE COURT: They're admitted. 5 MR. SHELTON: And two. 6 THE COURT: Okay. Status hearing? 7 MR. RITTER: October 1st, Judge. 8 THE COURT: Okay. We'll have a forensic 9 interview by the time we come back?

_ 10 ‘

CASEWORKER: For

11 THE COURT: Or both.

12 CASEWORKER: has already had one.

13 THE COURT: She already did?

14 CASEWORKER: Yes.

15 THE COURT: All right then. Thahk you. 16 Y'all are excused.

19 H ZU 1 _ _ ,1

Julia M. Rangel, 314th Court Reporter 713-222-4910 27

THE STATE OF TEXAS )

COUNTY OF HARRIS )

I, Julia M. Rangel, Official Court Reporter in and for the 314th District Court of Harris County, State of

Texas, do hereby certify that the foregoing contains a true

and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record, in the aboye—styled and numbered cause, all of which 10 occurred in open court or in chambers and were reported by 11 me.

12 I further certify that this Reporter's Record of 13 the proceedings truly and correctly reflects the exhibits,

14 if any, admitted, tendered in an offer of proof or offered

15 into evidence. 16 WITNESS MY OFFICIAL HAND this the 2nd day of 17 September, 2015. 18 JULIA M. RANGEL, Texas 19 Expiration Date: 12/31/16 314th Official Court Reporter “ttfiarris’County7’Texas””“”“*“‘"m”' 1200 Congress, 5th Floor 21 Houston, Texas 77002 713-222-4910 22

Julia M. Rangel, 314th Court Reporter 713-222-4910 APPENDIX A 3 SUPPLEMENTAL REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES

— CAUSE NO. 2015-04673J IN THE INTEREST OF ) IN THE DISTRICT COURT )

HARRIS COUNTY, TEXAS IIIIIlFIIIII1IIII )

CHILDREN )

) 3l4TH DISTRICT COURT

*J<‘k*~k~k~k*~k~k*‘k*’k**~k**‘k*~k**-A-*****~k**'k

SHOW CAUSE EXHIBITS ~k~k*~k~k~k~k*>l~k~k~k*******~Jr~k**~k<):**~k~k~A-**

10 On the 25th day of August, 2015 the following 11 proceedings came on to be heard in the above—entitled 12 numbered cause before the Honorable John Phillips, Judge 13 presiding, held in Houston, Harris County, Texas. 14 Proceedings reported by Computerized Stenographic 15 Machine Method. 16

Julia M. Rangel, 314th Court Reporter 713-222-4910 A P P E A R A N C E S

Mr. Marc Ritter SBOT: 165951500 ASSISTANT COUNTY ATTORNEY 1019 Congress, 17th Floor Houston, Texas 77002 Te1ephone:_,713-274-5232 Counsel for T.D.F.P.S. Mr. Patrick Shelton ATTORNEY AT LAW SBOT NO. 18208900 3600 Montrose, Suite 104 Houston, Texas 77006 Telephone: 832-216-5909 Counsel for The Children 10 Ms. Alison Meyers ATTORNEY AT LAW 11 SBOT NO. 24041477 1601 Westheimer Road 12 Houston, Texas 77006 Telephone: 713-859-9271 13 Counsel for Respondent Mother Rosemary Margenau 14 Ms. Juli Crow ATTORNEY AT LAW 15 SBOT NO. 24000653 P. O. Box 10152 16 Houston, Texas 77206-0152 Telephone: 281-382-1395 17 Counsel for Respondent Father George Margenau .

Julia M. Rangel, 314th Court Reporter 713-222-4910 N D E X I VOLUME 1 (SHOW CAUSE EXHIBITS)

August 25, 2015 Ad Litem's No. Desc. Offrd Admtd Vol. 1 - Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 26 1

2 — Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 26 1

Page Vol. Court Reporter's Certificate . . . . ... . . . . . . . . . . . . ... 6 1

Julia M. Rangel, 314th Court Reporter 713-222-4910 10

11 Ad Litem's No. 1

12 Photo 13

Julia M. Rangel, 314th Court Reporter 713—222—49lO zolr w,z*73 T 10

11 Ad Litem's No. 2

Julia M. Rangel, 314th Court Reporter 7l3~222—491O T-1.. )5 — 22 43'} “iii? tmnzr -1 TRIAL CAUSE NO. 2015-O4673J IN THE INTEREST OF > IN THE DISTRICT COURT )

A CHILD >

I, Julia M. Rangel, Official Court Reporter in and for the 314th District Court of Harris County, State of

Texas, do hereby certify that the foregoing exhibits

constitute true and complete duplicates of the original 10 exhibits, excluding physical evidence admitted, tendered in 11 and offer of proof or offered into evidence during the Show 12 Cause Hearing in the above entitled and numbered cause as 13 set out herein before the Honorable John Phillips, Judge of 14 the 314th District Court of Harris County, Texas, beginning

15 August 25th, 2015. 16 I further certify that the total cost for the 17 preparation of this Reporter's Record is $175.50 and will be 18 paid by Respondent Mother. 19 WITNESS MY OFFICIAL HAND this the 3rd day of 20 September, 2015. 21 /s/ Julia M. Rangel JULIA M. RANGEL, Texas CSR 6412 22 Expiration Date: 12/31/16 314th Official Court Reporter 23 Harris County, Texas 1200 Congress, 5th Floor 24 Houston, Texas 77002 713-222-4910 25

Julia M. Rangel, 314th Court Reporter 713-222-4910