K. F. v. Texas Department of Family and Protective Services

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: May 20, 2026
• Docket: 03-25-00823-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00823-CV

K. F., Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE 33RD DISTRICT COURT OF LLANO COUNTY NO. 22729, THE HONORABLE CHERYLL MABRAY, JUDGE PRESIDING

MEMORANDUM OPINION

K.F. appealed the trial court’s final order in the underlying suit affecting the

parent-child relationship. The parties have filed an agreed motion requesting remand of this case

to the trial court for a new trial.

The motion recites the parties’ agreement that (1) if the Texas Department of

Family and Protective Services continues to pursue a permanent restraining order against K.F.,

the new hearing on the permanent injunction shall be conducted under the clear-and-convincing-

evidence standard required by Stary v. Ethridge, 712 S.W.3d 584 (Tex. 2025); and (2) on

remand, counsel for K.F. shall be discharged from her appointment, and the trial court shall

appoint new counsel to represent K.F. for the new hearing pursuant to Texas Family Code

§ 107.013. We grant the parties’ joint motion, set aside the trial court’s judgment without

regard to the merits, and remand this case to the trial court for further proceedings in accordance

with the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(B).

__________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Theofanis and Crump

Vacated and Remanded on Joint Motion

Filed: May 20, 2026