in Re Texas Department of Family and Protective Services

Court of Appeals of Texas

in Re Texas Department of Family and Protective Services

DecidedMarch 21, 2007

Docket03-07-00109-CV

StatusPublished

This text of in Re Texas Department of Family and Protective Services (in Re Texas Department of Family and Protective Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Texas Department of Family and Protective Services, (Tex. Ct. App. 2007).

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Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00109-CV

In re Texas Department of Family and Protective Services, Relator

ORIGINAL PROCEEDING FROM BASTROP COUNTY

O R D E R

The Texas Department of Family and Protective Services filed a petition for writ of mandamus claiming that the county court at law abused its discretion by orally finding at a November 21, 2006, hearing that there had been "no abuse" by a foster parent, orally ordering that the children at issue, C.L.H. and C.M.H., be returned to the foster home, and by issuing a subsequent written order reflecting the same. The November 21 hearing was a continuation of a hearing that began November 11. Real parties in interest, the foster children, filed a motion to dismiss or, alternatively, to abate this original proceeding because the Department failed to file a "properly authenticated transcript of any relevant testimony [from the November 11 and 21 proceedings] including any exhibits offered into evidence, or a statement that no testimony was adduced in connection with the matter complained" in compliance with Texas Rule of Appellate Procedure 52.7(a)(2). See Tex. R. App. P. 52.7(a)(2).

After reviewing the record, we have determined that it is necessary for this Court to review the transcripts of the November 11 and 21 hearings, and any relevant exhibits. Consequently, the Department is ordered to file these documents in compliance with rule 52.7 on or before March 28, 2007. However, because the rule broadly allows for supplementation of the record, see id. 52.7(b), it is not necessary to dismiss or abate the proceeding. The foster children's motion to dismiss or abate is overruled.

It is so ordered March 21, 2007.

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Filed: March 21, 2007

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00109-CV

In re Texas Department of Family and Protective Services, Relator

ORIGINAL PROCEEDING FROM BASTROP COUNTY

O R D E R

The Texas Department of Family and Protective Services filed a petition for writ of mandamus claiming that the county court at law abused its discretion by orally finding at a November 21, 2006, hearing that there had been "no abuse" by a foster parent, orally ordering that the children at issue, C.L.H. and C.M.H., be returned to the foster home, and by issuing a subsequent written order reflecting the same. The November 21 hearing was a continuation of a hearing that began November 11. Real parties in interest, the foster children, filed a motion to dismiss or, alternatively, to abate this original proceeding because the Department failed to file a "properly authenticated transcript of any relevant testimony [from the November 11 and 21 proceedings] including any exhibits offered into evidence, or a statement that no testimony was adduced in connection with the matter complained" in compliance with Texas Rule of Appellate Procedure 52.7(a)(2). See Tex. R. App. P. 52.7(a)(2).

After reviewing the record, we have determined that it is necessary for this Court to review the transcripts of the November 11 and 21 hearings, and any relevant exhibits. Consequently, the Department is ordered to file these documents in compliance with rule 52.7 on or before March 28, 2007. However, because the rule broadly allows for supplementation of the record, see id. 52.7(b), it is not necessary to dismiss or abate the proceeding. The foster children's motion to dismiss or abate is overruled.

It is so ordered March 21, 2007.

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Filed: March 21, 2007

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in Re Texas Department of Family and Protective Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-texas-department-of-family-and-protective-se-texapp-2007.