trial skills training case materials - Texas Children's Commission

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families

TRIAL SKILLS TRAINING

CASE MATERIALS

DEVELOPED BY THE

CHILDREN’S COMMISSION

Spring 2021

Children’sCommission®

SUPREME COURT OF TEXAS PERMANENT JUDICIALCOMMISSION FOR CHILDREN, YOUTH AND FAMILIES


The creation and production of this Trial Skills Training Curriculum and related materials is funded by the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families (Children’s Commission) through the federal Court Improvement Program. The materials in this series should not be construed as an advisory or ruling by or from the Supreme Court of Texas on specific cases or legal issues. These materials are solely intended to address the improvement of the law, the legal system, and the administration of justice.

© 2013, 2021. The Supreme Court of Texas Permanent Judicial Commission for Children, Youth, and Families. All rights reserved, except as follows: Copies of this manual may be made for personal use; however, reproduction for commercial use or for profit is prohibited without the written permission of the Children’s Commission. Please contact the Children’s Commission at www.texaschildrenscommission.gov for questions related to the copyright and/or to discuss the adaptation of these materials for training-related purposes. Please give the Children’s Commission the opportunity to support your efforts with our resources.

COPYRIGHT

http://www.texaschildrenscommission.gov/


The Trial Skills Workgroup and the Children’s Commission Staff would like to recognize the leadership and support of Justice Eva Guzman, Chair of the Children’s Commission, and Justice Michael Massengale, former Chair of the Commission’s Training Committee and current Senior Judicial Advisor to the Commission. Under their guidance, the Trial Skills Training has grown from a concept to a reality which will serve to improve the caliber of legal services to Texas’ children and families. We are grateful for their leadership. The Commission would also like to express our gratitude to Judge Piper McCraw, our Training Committee Chair, and thank her for her support and enthusiasm for the Trial Skills Training.

The Commission would also like to thank the following contributing authors and editors who collaborated to produce this Trial Skills Training:

Tina Amberboy Leigh Mathews Rodriguez Judge Karin E. Bonicoro Tiffany Roper Judge Gary Coley Judge Robin Sage Glenna Cordray Leslie Strauch Alice Emerson Mauro Valdez Anna Saldaña Ford Elizabeth Watkins Rob Galvin

Peter T. Hoffman Patrick Howard Pamela Kemp Lori Kennedy Doug Lowe Jackie Sparks Martin Mary V. Mitchell Trevor Woodruff

Joanna Guerrero Amanda Molina- Martinez LaRu Woody David Halpern Dr. Sandeep Narang Tracy Harting

The Commission would also like to express its gratitude to Texas CASA and National CASA for providing the initial Harris-Price fact pattern, which formed the basis of this Case Scenario.

Additionally, the Commission would like to thank Hedy Bower, Professional Development Director, and the staff at TexasBarCLE for generously donating their time and resources to taping, archiving, and promoting CPS-related webinars. The Bar’s partnership with the Commission on the related webcasts “Trial Skills in the CPS Case” in 2017 and “Moving from Ordinary to Extraordinary Representation in CPS Cases” in 2015 was especially helpful in providing accessible and affordable CLE to all Texas attorneys in the CPS courtroom.

Also, the Commission would like to thank Judge Camile DuBose, who oversaw this project from its beginning during her service to the Children’s Commission as the Training Committee Chair.

ACKNOWLEDGEMENTS


Finally, the Commission would like to thank the founding members of the Trial Skills Training Faculty, whose generous commitment of time and ideas helped to develop the core curriculum of the program:

Justice Michael Massengale Judge Karin Bonicoro Judge Gary Coley Jr. Rob Galvin David Halpern Tracy Harting Doug Lowe Jackie Sparks Martin Sandeep Narang, MD JD Judge Robin Sage Leslie Strauch Elizabeth Watkins Trevor Woodruff


The Children’s Commission was created by order of the Supreme Court of Texas in 2007 to help improve the judicial handling of child protection cases through improvements in judicial practice; child welfare policy and legislation; technology; training; and court improvement pilot projects. Chaired by Supreme Court Justice Eva Guzman, Children’s Commission membership includes officials from DFPS and CPS, non-profit foundation and state bar leaders, private attorneys, legislators, judges, and other leaders in child protection. The Children’s Commission also consults with an advisory group that represents the many and varied disciplines involved in the child welfare system. The Commission’s mission is to strengthen courts for children, youth and families in the Texas child-protection system and thereby improve the safety, permanency, and well-being of children.

HONORABLE EVA GUZMAN, CHAIR, CHILDREN’S COMMISSION

Justice Eva Guzman has been a member of the Supreme Court of Texas since October, 2009. Before serving on the Supreme Court, Justice Guzman served as an Associate Justice on the Houston-based Texas Fourteenth Court of Appeals, having been appointed in 2001 by Gov. Rick Perry. She also served as a trial court judge on the 309th Family District Court after her appointment by then-Gov. George W. Bush. Justice Guzman has been recognized by many law and community organizations for her service on and off the bench. She is the Chair of the Supreme Court Permanent Judicial Commission for Children, Youth and Families and has served in that capacity since June, 2010.



CHILDREN’S COMMISSION STAFF

Jamie Bernstein Executive Director [email protected]

Monica Mahoney Program Specialist [email protected]

Milbrey E. Raney Assistant Director [email protected]

Patrick Passmore Grant and Finance Specialist [email protected]

Dylan Moench Director of Legal Representation [email protected]

Andrea Vicencio Program Specialist [email protected]

Renee Castillo-De La Cruz Staff Attorney [email protected]

Jessica Arguijo Communications Manager [email protected]

Aimee Corbin Staff Attorney [email protected]

Willette Sedwick Accountant [email protected]

Jocelyn Fowler Staff Attorney [email protected]

Tiffany Edwards Executive Assistant [email protected]

Chelsea Martinez Executive Assistant [email protected]

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ITIO Harris-Price Tab 1

Exhibits Tab 2

Trial Skills Building Blocks Tab 3

CASE MATERIALS

Tab 1ITIO Harris-Price



ITIO Harris-Price DEVELOPED BY THE


Spring 2021



© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families HP-1

ITIO HARRIS-PRICE TABLE OF CONTENTS ITIO Harris-Price Table of Contents ........................................................................ HP-1

How to Use the Harris-Price Case Materials ............................................................. HP-3

Case Scenario .................................................................................................... HP-4 Statutory Hearing Timeline ................................................................................... HP-5

Ex Parte Hearing and Original Petition for Protection of a Child .................................. HP-6 Original Petition ............................................................................................... HP-7 Affidavit of Removal ........................................................................................ HP-20

Order of Protection of a Child in an Emergency and Notice of Hearing ..................... HP-25

Adversary Hearing ............................................................................................. HP-32

Temporary Order Following Adversary Hearing ....................................................... HP-33

Original Answer of the Attorney Ad Litem .............................................................. HP-48

Respondent Mother, Kathy Price’s Original Answer and Counter-Petition .................... HP-50

Status Hearing .................................................................................................. HP-59 Caseworker’s Status Report to the Court ............................................................ HP-60 Status Hearing Order ....................................................................................... HP-67

Permanency Hearings Before Final Order ............................................................... HP-74 Permanency Report To The Court – Temporary Managing Conservatorship ................. HP-75 Initial Permanency Hearing Before Final Order ....................................................... HP-89

Mediation .......................................................................................................... HP-98

Respondent Father, Ryan Smith’s Answer and General Denial ................................... HP-99

Second Permanency Hearing Before Final Order ................................................... HP-102

Second Permanency Report to the Court – Temporary Managing Conservatorship ..... HP-103

Jury Matters .................................................................................................... HP-122

Jury Demand ................................................................................................ HP-123

Third Permanency Hearing Before Final Order ................................................... HP-125

Merits Trial ...................................................................................................... HP-126

Charge of the Court ...................................................................................... HP-127


How to Use the Harris-Price Case Materials

Please note that this Case Scenario, In the Interest of Harris-Price, has been purposefully designed to be ambiguous, in order to give participating attorneys an opportunity to develop their trial skills. Additionally, some forms which would typically appear in a case file (for example, an Attorney Ad Litem Statement of Compliance and the Attachments to the Temporary Orders which set forth visitation and child support, etc.) have been intentionally omitted from the Harris-Price case, as they are not integral to teaching litigation skills to lawyers in this context. While efforts have been made keep the fact pattern and related documents as authentic as possible, there are 254 counties in Texas and the manner in which cases are handled prior to and at trial vary greatly. The Children’s Commission has attempted to develop training materials that are applicable to those aspects which are generally most relevant to jury and bench trials in Texas.


Case Scenario

This Trial Skills Training Case Materials Notebook contains the legal file for the Harris-Price case leading up to a jury trial. It tracks the fictional CPS history of the Harris-Price family. Below is the Harris-Price family tree:

When reading through the Harris-Price legal file, you may want to focus on issues that will have an impact on a final trial, such as the burden of proof (clear and convincing evidence), while also being mindful of other issues that may impact the outcome, such as disproportionality, domestic violence, psychotropic medications, and Indian Child Welfare Act compliance.

Kathy Price (Mother)

formerly married to Jason Harris (Father 1)

Ben Harris(Child 1)

formerly married to Ernie Price (Father 2)

Robert Price(Child 2)

Unknown Father of Rose Price

(Father 3, later identified as Ryan Smith)

Rose Price(Child 3)


Statutory Hearing Timeline Day: Event: Statutory Reference: Notes: 1 Removal and Ex Parte Hearing Tex. Fam. Code § 262.001,

262.101 through 262.107.

Tex. Fam. Code § 263.401(a)

The Department of Family and Protective Services must adhere to strict statutory requirements in order to remove a child without prior notice to the parents and a hearing.

Upon granting TMC to the Department, the 365-day (plus until the following Monday) deadline to resolve the case begins.

14 Adversary Tex. Fam. Code § 262.201 The court must inquire about Native American heritage and return the child(ren) unless three findings of Tex. Fam. Code § 262.201(b) are met.

60 Status Hearing Tex. Fam. Code § 263.201 The child(ren)’s status and the service plan developed for the child(ren) must be reviewed. Each parent is informed in open court regarding risk to their parental rights at the Status Hearing and at each Permanency Hearing Before Final Order, pursuant to Tex. Fam. Code § 263.006.

180 Initial Permanency Hearing Before Final Order

Tex. Fam. Code § 263.304 The status of and permanency plan for the child(ren) must be reviewed in accordance with procedure pursuant to Tex. Fam. Code § 263.306.

300 Subsequent Permanency Review Hearings Before Final Order

Tex. Fam. Code § 263.305 Subsequent permanency hearings must be held no later than the 120th day after the last permanency hearing, although the court may order more frequent hearings. The status of and permanency plan for the child(ren) must be reviewed in accordance with procedure pursuant to Tex. Fam. Code § 263.306.

365 Trial on the Merits Tex. Fam. Code § 105.002

A party to a SAPCR brought by CPS is entitled to demand a trial by jury.

365+ Dismissal Date Tex. Fam. Code § 263.401(a) Mandatory dismissal of the suit is required by the first Monday after the first anniversary date of when the Department was granted TMC, unless an extension is granted under 263.401(b) or (b-1); and/or a monitored return is granted under 263.403(a)


Ex Parte Hearing

In the Harris-Price case, an Ex Parte Hearing is conducted prior to the removal of the children from the home. The investigative caseworker completes an affidavit to accompany the State’s Original Petition, synthesizing facts that have led to the Department’s request for conservatorship.

Please refer to Texas Family Code Chapters 262 and 263 for information about the case timeline generally and the procedures required in a suit filed by a governmental entity. Also, see Section 263.401 for information about the case deadline. Sections 161.001 et seq. enumerate the various grounds for involuntary termination of the parent-child relationship.

Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship

The Original Petition included in these materials is an example of a petition used in many courts around the state, often where the Department’s own Regional Attorneys provide the legal representation of the Department of Family and Protective Services. . It will be obvious as you read through the petition that not every section or paragraph of this petition can apply in each case and that not every element of this petition applies to Harris-Price. For example, evidence of health insurance, and redirection of child support payments, while perhaps applicable in a real case, are not addressed in Harris-Price as these topics do not directly relate to the practice of trial skills. The forms contained herein have current, sample language which might be of use in your case; however, they have been drafted to match the fictional circumstances of the Harris-Price family and may not contain requisite language for your case or for your jurisdiction. If you are drafting or reviewing an Original Petition or any of the various pleadings included in these case materials, please make sure to tailor your pleadings to the case in which you are involved.


NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

CAUSE NO. D-1-FM-12-000123

IN THE INTEREST OF § IN THE DISTRICT COURT OF§

BEN HARRIS §ROBERT PRICE § SAN GABRIEL COUNTY, TEXASROSE PRICE §

§ CHILDREN § 499TH JUDICIAL DISTRICT

ORIGINAL PETITION FOR PROTECTION OF A CHILD, FOR CONSERVATORSHIP, AND FOR TERMINATION

IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

This Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship is brought by the Department of Family and Protective Services (“the Department”), Great City, San Gabriel County, Texas for the purposes of § 30.015, Texas Civil Practice and Remedies Code. The Department has standing to bring this suit under §§ 102.003(5) and 262.001, Texas Family Code.

1. Discovery Level

Discovery in this case is intended to be conducted under Level 2, subject to the discoverylimitations provided by Rule 190.3, unless modified by order pursuant to Rule 190.5, Texas Rulesof Civil Procedure.

2. Jurisdiction

2.1. This Court has jurisdiction of the suit affecting the parent-child relationship and of the suit for protection of a child under Chapter 262, Texas Family Code, and Petitioner believes no other Court has continuing, exclusive jurisdiction over the children.

2.2. In accordance with § 155.101(a), Texas Family Code, the Department will request that the Vital Statistics Unit identify the court that last had continuing, exclusive jurisdiction, or confirm that the children have not been the subjects of a suit resulting in a court of continuing jurisdiction.

2.3. Information required by § 152.209 of the Texas Family Code is provided in the affidavit attached to this petition. This Court has emergency and/or home state jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

3. The Children:

The following children are the subject of this suit:


3.1. Name: BEN HARRIS Sex: Male Birth Date: October 31, 2008 Indian Child Status: All parties deny that the child has Native American heritage

3.2. Name: ROBERT PRICE Sex: Male Birth Date: May 10, 2011 Indian Child Status: All parties deny that the child has Native American heritage

3.3. Name: ROSE PRICE Sex: Female Birth Date: March 28, 2019 Indian Child Status: All parties deny that the child has Native American heritage

4. Parties to be Served

4.1. The mother of the children the subject of this suit is:

Party: KATHY PRICE Date of Birth: February 14, 1990 Address: 123 Broadway, Great City, Texas 75000

The Department requests that process be served at that address or in Court.

4.2. The father of the child BEN HARRIS is:

Party: JASON HARRIS Date of Birth: July 3, 1981 Address: Route 4 County Road 28, Merry City, Texas 75010


4.3. The father of the child ROBERT PRICE is:

Party: ERNIE PRICE Date of Birth: August 5, 1989 Address: 1414 Main Street, Great City, Texas 75000



4.4. The alleged father of the child ROSE PRICE is Unknown. The Department will make a diligent effort to identify and locate him, request a search of the paternity registry and request service of process if Respondent’s identity and/or address becomes known.

4.5. To the best of the Department’s knowledge, there are no Court-ordered conservatorships, guardianships, or other court-ordered relationships affecting the children the subject of this suit.

4.6. The Attorney General’s office will be served by mail under Rule 21a, Texas Rules of Civil Procedure at P.O. Box 12017, Austin, Texas 78711-2017, pursuant to § 102.009(d), Texas Family Code.

5. Information on Protective Orders

To the best of the Department’s knowledge, there are no protective orders in effect or applicationspending, as described in § 102.008(b)(11), Texas Family Code, in regard to a party to the suit or achild of a party to the suit.

6. Interstate Compact on the Placement of Children

A verified statement of compliance with Subchapter B, Chapter 162, Texas Family Code, asrequired by § 162.002, Texas Family Code will be filed at a later time should one be required.

7. Property Owned by the Children

No property of consequence is owned or possessed by the children the subject of this suit.

8. Reasonable Efforts to Reunify Family

8.1. The Department made reasonable efforts, consistent with time and circumstances prior to the children’s removal and prior to the placement of the children in foster care, to prevent or eliminate the need for removal of the children and the Department has made reasonable efforts to make it possible for the children to return home.

8.2. The Department will make reasonable efforts to eliminate the need for the children’s removal and to enable the return of the children to the parents.

9. Request for Emergency Orders

9.1. On January 1, 2020, the children the subject of this suit were taken into the possession of the Department in compliance with § 262.104, Texas Family Code.

9.2. The Department has attached to this Petition an affidavit setting out the facts of this case.

9.3. The Department requests emergency orders and/or attachments required to gain possession of the children as authorized by §262.101, Texas Family Code.


10. Temporary Managing Conservatorship

The Department requests that the court immediately, without notice or an adversary hearing,appoint the Department as temporary sole managing conservator of the children as provided inChapter 262 and § 105.001(a)(1) and (h), Texas Family Code.

11. Required Information

11.1. The Department requests that each Parent, Alleged Father or Relative of the children before the Court provide the full name and current address or whereabouts and phone number of any absent parent of the children the subject of this suit pursuant to Rule 194, Texas Rules of Civil Procedure and §262.201, Texas Family Code.

11.2. The Department requests that each Parent, Alleged Father or Relative of the children before the Court submit the Child Placement Resources Form provided under § 261.307, 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 children the subject of this suit with whom the Department may place the children during the pendency of this suit, pursuant to Rule 194, Texas Rules of Civil Procedure, and § 262.201, Texas Family Code.

11.3. The Department requests that each parent of the children the subject of this suit furnish information sufficient to accurately identify that parent’s net resources and ability to pay child support along with copies of income tax returns for the past two years, any financial statements, bank statements, and current pay stubs, pursuant to Rule 196, Texas Rules of Civil Procedure, and § 154.063, Texas Family Code.

11.4. The Department requests that each parent of the children the subject of this suit provide to the Department and the Court evidence of health insurance available for the children, pursuant to Rule 196, Texas Rules of Civil Procedure, and § 154.182, Texas Family Code.

11.4.1. Further that if private health insurance is in effect, the Department requests that each parent provide the identity of the insurance company, the policy number, which parent is responsible for the payment of any insurance premium, whether the coverage is provided through a parent’s employment, and the cost of such premium.

11.4.2. If private health insurance is not in effect, the Department requests that each parent provide information on whether the child is receiving medical assistance under chapter 32 Human Resource Code; or the child is receiving health benefits coverage under the state child health plan under chapter 62, Health and Safety Code and the cost of any premium or if either parent has access to private health insurance at reasonable cost to the parent.

11.5. The Department requests that each Respondent provide the Department and the Court information sufficient to establish the parentage and immigration status of the children, including but not limited to marriage records, birth or death certificates, baptismal records, Social Security cards, records of lawful permanent residence (“green cards”), naturalization certificates, or any other records from the United States Citizenship and Immigration Services, and records of Indian ancestry or tribal membership, pursuant to Rule 196, Texas Rules of Civil Procedure.


11.6. The Department requests that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history for the children, including but not limited to immunization records and the names and addresses of all treating physicians. The Department requests the Court order each parent to provide information regarding the medical history of the parent and parent’s ancestors on the medical history report form, pursuant to § 161.2021, Texas Family Code.

11.7. The Department requests that each parent of the children provide any information regarding whether the children have Native American heritage and identify any Native American tribe with which the children may be associated and provide all available family history information relevant to determination of Indian child status on request.

11.8. The Department requests that, at the full adversary hearing in this cause, the Court order the Respondents to execute an authorization for the release of the Respondents' medical and mental health records to the Department, and to further provide the Department with a list of the names and addresses of the physicians and mental health providers who have treated the Respondents.

12. Determination of Parentage: UNKNOWN FATHER

12.1. The Department requests the Court to determine whether UNKNOWN FATHER is the father of ROSE PRICE, pursuant to Chapter 160, Texas Family Code.

12.2. If the allegation of parentage is admitted, the Court should waive genetic testing and enter temporary orders, including orders for temporary support of the CHILD pursuant to § 160.624, Texas Family Code.

12.3. If UNKNOWN FATHER appears and any party denies paternity, the Court should immediately order the alleged father, and the child to submit to genetic testing pursuant to § 160.502 Texas Family Code.

12.4. UNKNOWN FATHER, on final hearing, if adjudicated to be the father, should be ordered to pay retroactive support pursuant to § 154.009, Texas Family Code.

12.5. If any party denies the presumption that a man presumed to be the father of the children is in fact the biological father of the children subject of this suit, the Department requests that the Court order genetic testing and pretrial proceedings as provided by Chapter 160, Texas Family Code, if such testing is permitted by that chapter.

13. Request for Temporary Orders

At the full adversary hearing under §262.201, Texas Family Code, the Court should rendertemporary orders under §105.001, Texas Family Code, to include but not be limited to:

13.1. a provision appointing the Department temporary sole managing conservator of the children, with all of the rights and duties listed in § 153.371, Texas Family Code, pending the final disposition of this suit;


13.1.1. a provision authorizing the Department to consent to medical care for the subject children, pursuant to § 266.004, Texas Family Code;

13.1.2. a provision authorizing the Department or its employee or designee to consent to medical care of the children, pursuant to § 266.004, Texas Family Code;

13.2. a provision pursuant to §154.001(b), Texas Family Code, ordering the parents of the children to make payments for the temporary support of the children, pending final disposition of this suit, these children support payments to be withheld from their disposable earnings;

13.3. a provision that any child support ordered to be paid for the support of the children BEN HARRIS, ROBERT PRICE AND ROSE PRICE as a result of any prior court orders be ordered to be redirected and paid to the Texas Department of Family and Protective Services.

13.4. a provision ordering the parents of the children to provide health insurance for the children under §§ 154.182 and 154.183, Texas Family Code, pending final disposition of the suit;

13.5. a provision restricting the parents’ possession and access to the children the subject of this suit;

13.6. a provision for the preparation of a social study into the circumstances and conditions of the children and the home of any person requesting managing conservatorship or possession of the children;

13.7. a provision ordering the parents of the children to submit to the Department the Child Placement Resources Form required under § 261.307, Texas Family Code;

13.8. a provision ordering the parents of the children to submit to psychological examinations;

13.9. a provision ordering the parents of the children to attend counseling sessions to address the specific issues that led to the removal of the children from the home and to attend counseling sessions to address any additional issues arising from the psychological examinations or from the counseling sessions;

13.10. a provision ordering the parents of the children to attend parenting classes as requested by the Department;

13.11. a provision ordering the Respondents to submit to a drug and alcohol assessment and to complete a substance abuse treatment program if needed;

13.12. a provision ordering the parents of the children to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit, as provided by §§ 263.106 and 153.602, Texas Family Code;

13.13. a provision ordering the Respondents to provide the Court and the Department with a current residence address and telephone number at which each can be contacted;


13.14. a provision ordering the Respondents to notify the Court and the Department of any change in his or her residence address or telephone number within five (5) days of a change of address or telephone number.

14. Permanent Conservatorship and Support of the Children

14.1. Conservatorship

14.1.1. Pursuant to §§ 153.005 and 263.404, Texas Family Code, if the children cannot safely be reunified with either parent, but may be permanently placed with a relative or other suitable person, the Department requests that the Court appoint the person as permanent sole managing conservator of the children; if the children cannot safely be reunified with either parent or permanently placed with a relative or other suitable person, the Department requests that the Court appoint the Department as permanent sole managing conservator of the children.

14.1.2. Pursuant to § 153.131, Texas Family Code, the appointment of a parent as permanent managing conservator of the children is not in the children's best interest, because the appointment would significantly impair the children's physical health or emotional development.

14.1.3. Pursuant to § 153.191, Texas Family Code, the appointment of a parent as permanent possessory conservator of the children is not in the best interest of children and parental possession or access would endanger the physical or emotional welfare of the children.

14.1.4. If conservatorship is awarded under this section, the application of the guidelines for possession and access to the children, as set out in §§ 153.311, et seq., Texas Family Code, would not be in the children’s best interest. The parents of the children, as possessory conservators of the children, should have limited access to and possession of the children, under conditions and restrictions prescribed by the Court for the best interests of the children.

14.2. Support

14.2.1. Each parent should be ordered to make payments for the support of the children in accordance with § 154.001(b), Texas Family Code, including retroactive support if appropriate, determined pursuant to § 154.131, Texas Family Code, and in a manner specified by the Court under Chapter 154, Texas Family Code. The payments for the support of the children should survive the death of either parent and become the obligation of the deceased Parent’s estate.

14.2.2. Each parent should be ordered to provide health insurance for the children in accordance with §§ 154.182 and 154.183, Texas Family Code.

14.2.3. If any parent is found to be in arrears in child support or medical support payments ordered in this or in any other action, a judgment for enforcement of said arrearage should be issued against that parent pursuant to §§ 157.261, 158.003 and 158.004, Texas Family Code.


15. Termination of KATHY PRICE’s Parental Rights

If reunification with the mother cannot be achieved, the Court should terminate the parent-child relationship between KATHY PRICE and the children the subject of this suit under Chapter 161, Texas Family Code, if it is shown that termination of the parent-child relationship is in the children’s best interest and KATHY PRICE has committed one or more of the following acts or omissions:

15.1. voluntarily left the children alone or in the possession of another without providing adequate support of the children and remained away for a period of at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code;

15.2. knowingly placed or knowingly allowed the children to remain in conditions or surroundings which endanger the physical or emotional well-being of the children, pursuant to § 161.001(b)(1)(D), Texas Family Code;

15.3. engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangers the physical or emotional well-being of the children, pursuant to § 161.001(b)(1)(E), Texas Family Code;

15.4. executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161, Texas Family Code, pursuant to § 161.001(b)(1)(K), Texas Family Code;

15.5. constructively abandoned the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months and: (1) the Department has made reasonable efforts to return the children to the mother; (2) the mother has not regularly visited or maintained significant contact with the children; and (3) the mother has demonstrated an inability to provide the children with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code;

15.6. failed to comply with the provisions of a court order that specifically established the actions necessary for the mother to obtain the return of the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the children’s removal from the parent under Chapter 262 for the abuse or neglect of the children, pursuant to § 161.001(b)(1)(O), Texas Family Code;

15.7. used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the children, and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code.

16. Termination of JASON HARRIS’ Parental Rights

If reunification with the father cannot be achieved, the Court should terminate the parent-child relationship between JASON HARRIS and the child BEN HARRIS under Chapter 161, Texas


Family Code, if it is shown that termination of the parent-child relationship is in the child’s best interest and JASON HARRIS has committed one or more of the following acts or omissions:

16.1. voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code;

16.2. knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child, pursuant to § 161.001(b)(1)(D), Texas Family Code;

16.3. engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, pursuant to § 161.001(b)(1)(E), Texas Family Code;


16.5. constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months and: (1) the Department has made reasonable efforts to return the child to the father; (2) the father has not regularly visited or maintained significant contact with the child; and (3) the father has demonstrated an inability to provide the child with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code;

16.6. failed to comply with the provisions of a court order that specifically established the actions necessary for the father to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child, pursuant to § 161.001(b)(1)(O), Texas Family Code;

16.7. used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child, and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code.

17. Termination of ERNIE PRICE’s Parental Rights

If reunification with the father cannot be achieved, the Court should terminate the parent-childrelationship between ERNIE PRICE and the child ROBERT PRICE under Chapter 161, TexasFamily Code, if it is shown that termination of the parent-child relationship is in the child’s bestinterest and ERNIE PRICE has committed one or more of the following acts or omissions:









18. Termination of Alleged Father UNKNOWN FATHER’s Parental Rights

The Department requests that the Court terminate the parent-child relationship betweenUNKNOWN FATHER, the alleged father, and ROSE PRICE, a child the subject of this suit,under § 161.002, Texas Family Code, if any of the following is shown:

18.1. After being served with citation, he has not responded by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160 prior to the final hearing in this suit;

18.2. He has not registered with the paternity registry under Chapter 160, Texas Family Code; or


18.3. He has registered with the paternity registry under Chapter 160, Texas Family Code, but the Department’s attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the Department has been unsuccessful, despite the due diligence of the Department.

If UNKNOWN FATHER appears and is established as the father, or is determined to be the presumed father, the Court should terminate the parent-child relationship between UNKNOWN FATHER and the child ROSE PRICE under Chapter 161, Texas Family Code, because termination of the parent-child relationship is in the child’s best interest and UNKNOWN FATHER has committed one or more of the following acts or omissions:









19. Attorney Ad Litem and Guardian Ad Litem for the Children

19.1. The immediate appointment of an attorney ad litem for the children is required by § 107.012, Texas Family Code.

19.2. The immediate appointment of a guardian ad litem to represent the interests of the children is required by § 107.011, Texas Family Code.

19.3. Petitioner would show the Court that the Department possesses information which may be essential to the work of the attorney ad litem and guardian ad litem, but which cannot be provided, except by direction of this Court, without the editing required by § 261.201(g), Texas Family Code. Resource limitations will result in substantial delay in providing the information if the editing must be done before release. The release of all files, reports, records, communications and working papers used or developed in the investigation or in the providing of services to the children the subject of this suit to the attorney ad litem and guardian ad litem is in the best interests of the children, is essential to the administration of justice, and is not likely to endanger the life or safety of any person. If the Court determines that release of the information to the attorney ad litem and guardian ad litem, as officers of the Court, without editing should be made, the Department requests that appropriate orders be made to prevent further disclosure of the information.

20. Attorneys for Parents and Respondents; Payment of Attorney Ad Litem Fees and Expenses

20.1. Indigent Parent

If a parent responds in opposition to this suit affecting their parent-child relationship and appears without attorney, the Department requests that the Court determine whether the parent is indigent. If the Court determines that the parent is indigent, the appointment of an attorney ad litem to represent the interests of that parent is required by § 107.013, Texas Family Code. The Court may appoint one attorney to represent both indigent parents if the parents’ interests are not in conflict and if there is no history or pattern of past or present family violence by one parent directed against the other parent, a spouse, or a child of the parties.

20.2. Other Parents Entitled to Appointment of Attorney Ad Litem

20.2.1. If a parent is served with citation by publication or service is not required pursuant to § 161.002(c) or (d), Texas Family Code, the appointment of an attorney ad litem for the absent parent is required by § 107.013, Texas Family Code.

20.2.2. If the Court finds that the parent is a minor, the Department requests that the Court appoint an attorney ad litem to represent the interests of the minor parent pursuant to §107.012, Texas Family Code.

20.3. Payment of Fees for Attorneys Ad Litem

The Department requests that attorney’s fees for any attorney ad litem be assessed and paid in accordance with § 107.015, Texas Family Code.


21. Statutory Warning to Parents

The Department requests that the Court inform each parent in open court as required by §§ 262.201(c) and 263.006, Texas Family Code, at the adversary hearing, at the status hearing, and at each subsequent permanency hearing that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the children with a safe environment.

22. Prayer

22.1. The Department prays that citation and notice issue as required by law, and that the Court enter temporary and final orders in accordance with the allegations of this petition.

22.2. The Department prays that the Court immediately grant emergency orders in conformity with the allegations of this petition.

22.3. The Department prays for attorney’s fees, expenses, and costs.

22.4. The Department prays for general relief.

Respectfully Submitted, Ms. DFPS Attorney Attorney for Petitioner, Department of Family and Protective Services 500 Main Street Great City, Texas 75000 email: [email protected] phone: (987) 987-6543 fax: (987)987-6542 State Bar # ____________



CAUSE NO. D-1-FM-12-000123



§ CHILDREN § 499 JUDICIAL DISTRICT

AFFIDAVIT

STATE OF TEXAS

BEFORE ME, the undersigned authority, personally appeared Mr. Investigator Caseworker, who was sworn by me and deposed as follows:

“My name is Mr. Investigator Caseworker. I am of sound mind and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

Information to be Submitted to the Court Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act

“The present address of the children the subject of this suit is:

Name: BEN HARRIS Sex: Male

Birth Date: October 31, 2008 Indian Child Status: All parties deny that the child has Native American heritage

Name: ROBERT PRICE Sex: Male

Birth Date: May 10, 2011 Indian Child Status: All parties deny that the child has Native American heritage

Name: ROSE PRICE Sex: Female

Birth Date: March 28, 2019 Indian Child Status: All parties deny that the child has Native American heritage

“All known places where the children lived within the last five years are:


123 Broadway, Great City, Texas 75000; other information to be provided by KATHY PRICE

“The names and present addresses of all the known persons with whom the children have lived within the last five years are: KATHY PRICE, 123 Broadway, Great City, Texas 75000; JASON HARRIS, Route 4 County Road 28, Merry City, Texas 75010; and ERNIE PRICE, 1414 Main Street, Great City, Texas 75000.

“To the best of my knowledge, the Department of Family and Protective Services:

“has not participated in any capacity in any other litigation concerning the custody of the children in this or any other state;

“does not have information of any proceeding concerning the children pending in a court of this or any other state;

“does not know of any person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children.

Interstate Compact on the Placement of Children

At the time of the filing of this petition, an interstate placement is not planned, but the Department of Family and Protective Services will comply with all requirements of the Interstate Compact on the Placement of Children as set forth in Chapter 162, Subchapter B, Texas Family Code.

3. ALLEGATIONS

On January 1, 2020, a police report was received, alleging the abandonment of three children residing at 123 Broadway, Apartment 16, Great City, Texas 75000. I contacted Officer Jim Gooden of the Great City Police Department. Officer Gooden stated that Ben Harris, age 11, Robert Price, age 8, and Rose Price, age 9 months, had been found alone in the apartment. Kathy Price, mother of the children, was not found on site or believed to be returning home within any reasonable period of time. No other designated responsible party for the children was on site. The children were taken by Officer Gooden to Great City Hospital to determine their physical condition. 4. FACTS NECESSITATING REMOVAL There is an immediate danger to the physical health or safety of Ben Harris, Robert Price, and Rose Price.

January 1, 2020: I met with and interviewed the children at Great City Hospital. The children were not able to tell me where Kathy Price, their mother is, or when she was expected to return home. Ben Harris could


not articulate how long Kathy Price had been away from the home. Robert Price stated “Mom was gone since yesterday.” Ben Harris and Robert Price complained of being hungry. Ben Harris stated he is worried about his mom.

The children appeared dirty, and had strong smells of body odor. Their clothes appeared dirty, and Rose Price’s clothes appeared stained with food or vomit.

I interviewed Dr. Jane Jones, Great City Hospital ER Physician, who examined and treated the children. She reported that Ben Harris was evaluated and is being treated for an asthma attack with severe wheezing. She reported that the Physician’s evaluation indicated a long-standing lack of needed asthma treatment. Robert Price was evaluated and no medical concerns were noted. Rose Price was evaluated, and found to have lower back and abdominal bruising, a severe diaper rash, and no further medical concerns noted.

I interviewed Officer Gooden, who reported that the home of the children was found to be cluttered and smelly, with empty liquor bottles and drug paraphernalia present. Marijuana was found at the home. No formula or food was in the apartment. Officer Gooden reported that Kathy Price was arrested on December 31, 2019 related to theft of baby formula.

I met with and interviewed Kathy Price in Great City Jail. Ms. Price reports that she purchased vodka on the night of December 31, 2019 at Great City Liquor, and then was arrested for stealing formula at a nearby convenience store. Ms. Price denies the allegations of the arrest.

Ms. Price reports that Jason Harris is the father of Ben Harris and Ernie Price is the father of Robert Price. Ms. Price reports that she was married to Mr. Harris and subsequently to Mr. Price, and is now divorced. Ms. Price reports that her divorces from Mr. Harris and Mr. Price occurred in San Gabriel county. Ms. Price stated she did not have any information regarding the identifying details or locating information for Mr. Harris or Mr. Price stating that they “have not helped” with the children and that Mr. Harris was abusive towards her. Ms. Price stated she does not know who the father of Rose Price is, and could not identify any potential fathers.

Ms. Price denies any alcohol or drug abuse, stating she is “a social drinker.” While in custody at the county jail, Ms. Price tested positive for marijuana in a cheek swab test. Ms. Price could not identify any relatives or fictive kin who could temporarily serve as a placement for the children and stated she does not “understand why the police were called” to her apartment.

The Department has determined that dispositions in the allegations against Kathy Price are as follows:

(1) Reason to Believe for neglectful supervision of Ben Harris, Robert Price andRose Price.

(2) Reason to Believe for medical neglect of Ben Harris.(3) Unable to Determine for physical abuse of Rose Price.


5. CPS HISTORY

The family has history with the Department of Family and Protective Services in Texas dating back to 2009.

On June 1, 2009, the Department received a referral alleging neglectful supervision and physical abuse of seven month old Ben Harris by his mother, Kathy Harris (now Kathy Price) and father, Jason Harris. Mr. Harris was arrested for domestic assault of Kathy Price. Neglectful Supervision was given a disposition of Unable to Determine, Physical Abuse was Ruled Out, and the case was closed without further intervention after Ms. Price displayed protective actions and an intention to separate from Mr. Harris.

On January 2, 2012, the Department received a referral alleging neglectful supervision of two year old Ben Harris by his mother, Kathy Harris (now Kathy Price) and father, Jason Harris. Mr. Harris was arrested for domestic assault of Kathy Price. Neglectful Supervision was given a disposition of Reason to Believe, as the investigation concluded that Ben Harris was present during the incident. The case was opened in Family Based Safety Services and closed in December 2012.

On December 15, 2013, the Department received a referral of neglectful supervision of five year old Ben Harris and two and a half year old Robert Price by their mother Kathy Price. Ms. Price was arrested for DUI and the location of the children was unknown. Neglectful Supervision was given a disposition of Ruled Out after the children were found to be safely and appropriately in the care of Ernie Price.

On March 1, 2017, the Department received a referral of neglectful supervision of eight year old Ben Harris and nearly six year old Robert Price by their mother Kathy Price. Ms. Price was arrested for assault following an altercation at Great City Pub with an unknown female and the location of the children was unknown. The children were found alone in their apartment home. Neglectful Supervision was given a disposition of Reason to Believe and the case was opened in Family Based Safety Services after Ms. Price voluntarily entered into inpatient rehabilitation where her children could be placed with her. The case was closed in November 2017.

6. CRIMINAL HISTORY

Criminal History of Kathy Price: December 2013: Arrest for Driving Under the Influence of Alcohol. Convicted, Community Supervision. March 2017: Arrest for Assault and Public Intoxication. Convicted, Community Supervision. December 2019: Arrest for Theft. Pending Disposition.

Criminal History of Jason Harris: June 2009: Arrest for Domestic Assault of Household Member. No charges filed. January 2012: Arrest for Domestic Assault of Household Member. No charges filed.

HP-24

February 2012: Arrest for Domestic Assault of Household Member. Convicted, Community Supervision. December 2014: Arrest for Possession of a Controlled Substance. Convicted, Community Supervision. January 2016: Arrest for Possession of a Controlled Substance. Convicted, 90 Day Sentence. October 2017: Arrest for Theft. Pending Disposition.

Criminal History of Ernie Price: February 2013: Arrest for Possession of Marijuana. Convicted, Community Supervision.

7. CONCLUSION

Based on the above facts, I believe there is an immediate danger to the physical health or safety of the children and that continuation in the home would be contrary to the children’s welfare; there is no time, consistent with the physical health or safety of the children, for an adversary hearing. Under Subchapter C; and all reasonable efforts, consistent with the circumstances and providing for the safety of the children, have been made by the Texas Department of Family and Protective Services to prevent or eliminate the need for removal of the children.

8. Facts Supporting Citation by Publication or Other Substituted Service of an AbsentParty

Personal service was made on Ms. Kathy Price in Great City Jail and on JASON HARRIS AND ERNIE PRICE at their respective residences. We have exercised due diligence in attempting to locate the whereabouts of UNKNOWN FATHER OF ROSE PRICE Respondent, whose residence is unknown to affiant and have been unable to locate him.

“Specifically, the Department has made the following efforts to identify, locate and serve the Respondent:

This Caseworker has interviewed Ms. Price at length as well as the two known fathers about the identity and location of UNKNOWN FATHER OF ROSE PRICE.

Mr. Investigator Caseworker

SIGNED under oath before me on the 1st day of January, 2020.

Notary Public in and for the State of Texas

My commission expires




CAUSE NO. D-1-FM-12-000123




ORDER FOR PROTECTION OF A CHILD IN AN EMERGENCY AND NOTICE OF HEARING

On January 1, 2020, the Department of Family and Protective Services (“the Department”) presented its Petition to the Court. The Department appeared through Mr. Investigator Caseworker, caseworker, and by attorney Ms. DFPS ATTORNEY, and announced ready.

1. Jurisdiction

Having examined the pleadings and reviewed the evidence, the Court finds that it hasjurisdiction of this cause under § 262.002, Texas Family Code.

2. Findings

2.1. Having examined and reviewed the evidence, including the sworn affidavitaccompanying the petition and based upon the facts contained therein, the Court finds that all reasonable efforts, consistent with time and circumstances have been made by the Petitioner to prevent or eliminate the need for removal of the children the subject of this suit from the home and to make it possible for the children to return home but continuation in the home of the Parents would be contrary to the children‘s welfare.

2.2. The Court finds that the children have been removed pursuant to § 262.104, Texas Family Code, and further finds that:

2.2.1. there is an immediate danger to the physical health or safety of the children;

2.2.2. the parent or person who has possession of the children was using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constitutes an immediate danger to the physical health or safety of the children;

2.2.3. Continuation of the children in the home of KATHY PRICE, of JASON HARRIS or of ERNIE PRICE would be contrary to the children’s welfare; and


2.2.4. Reasonable efforts consistent with the circumstances and providing for the safety of the children, were made to prevent or eliminate the need for removal of the children.

2.3. The Court finds that the following temporary orders are in the best interests of the children the subject of this suit.

3. Emergency Temporary Orders

3.1 IT IS ORDERED that the Department is named temporary sole managing conservator of the children, with all of the rights and duties listed in § 153.371, Texas Family Code, including the right of physical possession until a full adversary hearing is held.

3.2 In accordance with § 262.116, Texas Family Code, the Court finds that the Department of Family and Protective Services did not take possession of children under this subchapter based on evidence that the Parents:

3.2.1. homeschooled the child;

3.2.2. is economically disadvantaged;

3.2.3. has been charged with a nonviolent misdemeanor other than:

3.2.31. an offense under Title 5, Penal Code;

3.2.3.2 an offense under Title 6, Penal Code; or

3.2.3.3.an offense that involves family violence, as defined by Section 71.004 of this code;

3.2.4. provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169, Occupations Code; or

3.2.5. declined immunization for the child for reasons of conscience, including a religious belief.

3.3 IT IS ORDERED that, in addition to the rights and duties listed in § 153.371, Texas Family Code, the Department is authorized to consent to medical care for the subject children, pursuant to § 266.004, Texas Family Code, until a full adversary hearing is held.

3.4 IT IS ORDERED that each parent, alleged father, or relative of the children before the Court to provide to the Department and the Court the full name and current address or whereabouts and phone number of any absent parent or alleged father of the children the subject of this suit, pursuant to Rule 194, Texas Rules of Civil Procedure and § 262.201, Texas Family Code


3.5. IT IS ORDERED that each parent, alleged father, or relative of the children before the Court submit the Child Placement Resources Form provided under § 261.307, if the form has not previously been 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 subjects 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 § 262.201, Texas Family Code.

3.6. IT IS ORDERED that each parent of the children the subjects of this suit furnish to the Department and the Court information sufficient to accurately identify that parent’s net resources and ability to pay child support along with copies of income tax returns for the past two years, any financial statements, bank statements, and current pay stubs, pursuant to Rule 196, Texas Rules of Civil Procedure and § 154.063, Texas Family Code.

3.7. IT IS ORDERED that each parent of the children the subjects of this suit provide to the Department and the Court evidence of health insurance available for the children, pursuant to Rule 196, Texas Rules of Civil Procedure and § 154.182, Texas Family Code.

3.8. IT IS ORDERED that each Respondent provide the Department and the Court information sufficient to establish the parentage and immigration status of the children, including but not limited to marriage records, birth or death certificates, baptismal records, social security cards, records of lawful permanent residence (“green cards”), naturalization certificates, and any other Bureau of Citizenship and Immigration Service records of lawful entry.

3.9. IT IS ORDERED that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history for the children, including but not limited to the immunization records for the children and the names and addresses of all physicians who have treated the children.

3.10. IT IS ORDERED that each Respondent provide the Department with any information regarding whether the children or the children's family has Native American heritage and identify any Native American tribe with which the children may be associated and provide all available family history information relevant to determination of Indian child status on request.

3.11. IT IS ORDERED that all of the information required above be provided as ordered no later than the date of the full adversary hearing held in this cause.


4. Full Adversary Hearing

A full adversary hearing under § 262.201, Texas Family Code will be held at the time andplace set out below. At this hearing, the Court will consider issuing the followingtemporary orders:

4.1. a provision appointing the Department temporary sole managing conservator of thechildren, with all of the rights and duties listed in § 153.371, Texas Family Code, pending the final disposition of this suit;

4.2. an authorization of the Department to consent to medical care for the subject children, pursuant to § 266.004, Texas Family Code;

4.3. a provision pursuant to § 154.001(b), Texas Family Code, ordering the parents of the children to make payments for the temporary support of the children, pending final disposition of this suit, these child support payments to be withheld from their disposable earnings;

4.4. a provision ordering the parents of the children to provide health insurance for the children under §§ 154.182 and 154.183, Texas Family Code, pending final disposition of the suit;

4.5. a provision restricting each parent’s possession and access to the children the subjects of this suit;

4.6. a provision for the preparation of a social study into the circumstances and conditions of the children and the home or homes of any person requesting managing conservatorship or possession of the children;

4.7. a provision ordering the parents of the children to submit to psychological or psychiatric examinations;

4.8. a provision ordering the parents of the children to attend counseling sessions to address the specific issues that led to the removal of the children from the home and to attend counseling sessions to address any additional issues arising from the psychological examinations or from the counseling sessions;

4.9. a provision ordering the parents of the children to attend parenting classes as requested by the Department;

4.10. a provision ordering the Respondents to submit to a drug and alcohol assessment and to complete a substance abuse treatment program if needed;


4.11. a provision ordering the parents of the children to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit, as provided by §§ 263.106 and 153.602, Texas Family Code;

4.12. a provision ordering the Respondents to provide the Court and the Department with a current residence address and telephone number, at which each can be contacted;

4.13. a provision ordering the Respondents to notify the Court and the Department of any change in his or her residence address or telephone number within five (5) days of a change of address or telephone number;

4.14. a provision pursuant to § 107.013(a)(1), Texas Family Code, appointing an attorney ad litem to represent the interests of each indigent parent who responds in opposition to this suit affecting the parent-child relationship;

4.15. a provision ordering Respondents KATHY PRICE, JASON HARRIS and ERNIE PRICE to execute an authorization for the release of the Respondents' medical and mental health records to the Department, and to further provide the Department with a list of the names and addresses of the physicians and mental health providers who have treated Respondents.

5. Ad litem Appointments

5.1. The Court finds that appointment of an attorney ad litem for the children ismandatory under § 107.012, Texas Family Code. IT IS ORDERED that Ms. Children’s Attorney, a licensed attorney at law of this state, is appointed to represent the children the subject of this suit in a manner as set forth in §§ 107.003 and 107.004, Texas Family Code.

5.2. The Court finds that appointment of a guardian ad litem for the children is mandatory under § 107.011, Texas Family Code. IT IS ORDERED that Mr. Guardian Ad Litem, a licensed attorney at law of this state or a volunteer advocate, is appointed to represent the interest of the children the subject of this suit in a manner as set forth in § 107.002, Texas Family Code.

5.3. The Court finds that appointment of an attorney ad litem for the Respondents may be mandatory under § 107.013, Texas Family Code. IT IS ORDERED that Respondents appear at the adversary hearing with all pertinent information, including an affidavit of indigence as mandated in § 107.013(d), Texas Family Code, regarding their income. Upon a showing of indigency and opposition to the suit affecting the parent-child relationship a licensed attorney at law of this state will be appointed to represent the Respondents.


6. Access to Children and Information Relating to the Children

6.1. IT IS ORDERED that except as provided in § 107.006(c) of the Texas FamilyCode, the attorney ad litem for the children, or guardian ad litem for the children herein named and appointed by the Court shall have immediate access to:

6.1.1. the children, BEN HARRIS, ROBERT PRICE AND ROSE PRICE; and

6.1.2. any information relating to the children, BEN HARRIS, ROBERT PRICE AND ROSE PRICE.

6.2. Without requiring a further order or release, the custodian of any relevant records relating to the children, BEN HARRIS, ROBERT PRICE AND ROSE PRICE, including records regarding social services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the children are beneficiaries, shall provide access to the attorney ad litem for the children, or guardian ad litem for the children herein named and appointed by the Court to access the records under § 107.006(a) of the Texas Family Code.

6.3. A medical, mental health, or drug or alcohol treatment record of a child that is privileged or confidential under law may be released to the attorney ad litem for the children, or guardian ad litem for the children herein named and appointed by the Court only in accordance with the other law, pursuant to § 107.006(c), Texas Family Code.

7. Notice to Parents

"YOU HAVE THE RIGHT UNDER §262.102(d), TEXAS FAMILY CODE, TO BEREPRESENTED BY AN ATTORNEY. IF YOU ARE INDIGENT AND UNABLETO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO REQUEST THEAPPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT499TH JUDICIAL DISTRICT COURT OF SAN GABRIEL COUNTY, P.O. BOX1580, GREAT CITY, TEXAS 76856, (325)100-1000. IF YOU APPEAR INOPPOSITION TO THE SUIT, CLAIM INDIGENCE, AND REQUEST THEAPPOINTMENT OF AN ATTORNEY, THE COURT WILL REQUIRE YOU TOSIGN AN AFFIDAVIT OF INDIGENCE AND THE COURT MAY HEAREVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE COURTDETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OFAN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TOREPRESENT YOU."


8. Notice of Full Adversary Hearing

Notice is given to Respondents KATHY PRICE, JASON HARRIS and ERNIEPRICE that this cause is set for a full adversary hearing on January 13, 2020 at 9:00o'clock a.m. in the 499th Judicial District Court of San Gabriel County, in Great City,Texas.

SIGNED this 1st day of January, 2020.

JUDGE PRESIDING

Adversary Hearing


At the Adversary Hearing, temporary orders are entered which often set the status quo for the case. The court order will most likely include the services a parent will be required to access and complete in a case even though the Service Plan is not developed or due to be filed until the 45th day after the Department is named Temporary Managing Conservator (TMC). Note that the orders in Harris-Price do not include any attachments with detailed information regarding Possession and Access, Child Support, or Medical Support. In this case, assume that these are ordered and specified. Specifics regarding these matters are not provided because those issues do not affect the focus of the related trial skills exercises.

Please refer to Texas Family Code (TFC) Chapter 262, Subchapter C to learn more about the Adversary Hearing.



CAUSE NO. D-1-FM-12-000123




TEMPORARY ORDER FOLLOWING ADVERSARY HEARING

On January 13, 2020, a full adversary hearing pursuant to § 262.201, Texas Family Code, was held in this cause.

Appearances

1.1. The Department of Family and Protective Services (“the Department”) appeared through Mr. Investigator Worker, caseworker, and by attorney, Ms. DFPS Attorney, and announced ready.

1.2. Respondent Mother, KATHY PRICE appeared in person and announced ready. appeared through attorney of record Mother’s Attorney and announced ready. appeared in person and through attorney of record

_____________________________ and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default. was not notified, and did not appear.

1.3. Respondent Presumed Father, JASON HARRIS, father of BEN HARRIS appeared in person and announced ready. appeared through attorney of record _____________________________ and

announced ready. appeared in person and through attorney of record



1.4. Respondent Presumed Father, ERNIE PRICE, father of ROBERT PRICE appeared in person and announced ready. appeared through attorney of record Ms. Ernie Price’s Attorney and



1.5. Respondent UNKNOWN FATHER of ROSE PRICE appeared in person and announced ready. appeared through attorney of record _____________________________ and


_____________________________ and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default.was not notified, and did not appear.

1.6. Ms. Ad Litem Attorney, appointed by the Court as Attorney Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.7. Mr. Guardian Ad Litem, appointed by the Court as Guardian Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.8. Also Appearing: Mr. Investigator Caseworker’s Supervisor, Carol Hill (Maternal Aunt of the children); Anita Dashee (paternal grandmother of the child Robert Price).

Jurisdiction

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


Indian Child Welfare Act

The Court has inquired whether the children's family has Native American heritage and identified any Native American tribe with which the children may be associated.

Findings

Having examined and reviewed the Department's pleadings and the sworn affidavit accompanying the petition and based upon the facts contained therein and the evidence presented to this Court at the hearing conducted on this date, the Court finds there is sufficient evidence to satisfy a person of ordinary prudence and caution that: (1) there was a danger to the physical health or safety of the children which was caused by an act or failure to act of the person entitled to possession. The Court further finds that it is contrary to the welfare of the children, BEN HARRIS, ROBERT PRICE AND ROSE PRICE to remain in the home of KATHY PRICE, of JASON HARRIS, or of ERNIE PRICE, and; (2) the urgent need for protection required the immediate removal of BEN HARRIS, ROBERT PRICE AND ROSE PRICE and reasonable efforts consistent with the circumstances and providing for the safety of BEN HARRIS, ROBERT PRICE AND ROSE PRICE, were made to eliminate or prevent the removal of BEN HARRIS, ROBERT PRICE AND ROSE PRICE; and (3) reasonable efforts have been made to enable BEN HARRIS, ROBERT PRICE AND ROSE PRICE to return to the home of KATHY PRICE, of JASON HARRIS, or of ERNIE PRICE, but there is a substantial risk of a continuing danger if BEN HARRIS, ROBERT PRICE AND ROSE PRICE are returned to the home of KATHY PRICE, of JASON HARRIS, or of ERNIE PRICE.

Findings for Appointment of Managing and Possessory Conservator

The Court finds that appointment of the parent or parents as managing conservator of the children is not in the best interest of the children because the appointment would significantly impair the children's physical health or emotional development.

The Court finds that the placement of the children with the children’s noncustodial parent with a relative of the children, or with another designated caregiver is inappropriate and not in the best interest of the children.

If the children have not been placed with a relative or other designated caregiver, the Court finds that the Department has provided the reasons for not placing the children and the actions, if any, to be taken to place the children.

The Court finds that the following orders for the safety and welfare of the children are in the best interest of the children.

Appointment of Counsel for Parents or Parties

The Court FINDS that KATHY PRICE, JASON HARRIS, ERNIE PRICE, and UNKNOWN FATHER OF ROSE PRICE have all been appointed counsel in this cause.


Conservatorship

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

Name: BEN HARRIS Sex: Male

Birthplace: Great City Birth Date: October 31, 2008

Indian Child Status: All parties deny that the child has Native American heritage

Name: ROBERT PRICE Sex: Male

Birthplace: Great City Birth Date: May 10, 2011


Name: ROSE PRICE Sex: Female

Birthplace: Great City Birth Date: March 28, 2019


In accordance with § 262.116, Texas Family Code, the Court finds that the Department of Family and Protective Services did not take possession of the children under this subchapter based on evidence that the parents:

homeschooled the child;

is economically disadvantaged;

has been charged with a nonviolent misdemeanor other than:

an offense under Title 5, Penal Code;

an offense under Title 6, Penal Code; or

an offense that involves family violence, as defined by Section 71.004 of this code;

provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169, Occupations Code; or


declined immunization for the child for reasons of conscience, including a religious belief.

IT IS ORDERED that the Temporary Managing Conservator shall have all the rights and duties set forth in § 153.371, Texas Family Code.

IT IS ORDERED that, in addition to the rights and duties listed in § 153.371, Texas Family Code, the Department is authorized to consent to medical care for the subject children, pursuant to § 266.004, Texas Family Code.

IT IS THEREFORE ORDERED that KATHY PRICE is appointed Temporary Possessory Conservator of the children, BEN HARRIS, ROBERT PRICE AND ROSE PRICE.

IT IS THEREFORE ORDERED that JASON HARRIS is appointed Temporary Possessory Conservator of the child, BEN HARRIS.

IT IS THEREFORE ORDERED that ERNIE PRICE is appointed Temporary Possessory Conservator of the child, ROBERT PRICE.

The Court defers its finding regarding an attorney ad litem for UNKNOWN FATHER, because UNKNOWN FATHER has not appeared in opposition to this suit or has not established indigence.

Possession and Access

The Court finds that the application of the guidelines for possession of and access to the children, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the children’s best interest. IT IS ORDERED that KATHY PRICE shall have limited access to and possession of the children as agreed upon by the parties.

The Court finds that the application of the guidelines for possession of and access to the children, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the children’s best interest. IT IS ORDERED that JASON HARRIS shall have limited access to and possession of the child, Ben Harris, as agreed upon by the parties.

The Court finds that the application of the guidelines for possession of and access to the children, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the children’s best interest. IT IS ORDERED that ERNIE PRICE shall have limited access to and possession of the child, Robert Price, as agreed upon by the parties.

The Court finds that the application of the guidelines for possession of and access to the children, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the children’s best interest. IT IS ORDERED that UNKNOWN FATHER shall have limited access to and possession of the child, Rose Price, as agreed to by the parties.


Child Support

IT IS ORDERED that KATHY PRICE shall provide child support for the children as agreed upon by the parties.

IT IS ORDERED that JASON HARRIS shall provide child support for the child, Ben Harris, as agreed upon by the parties.

IT IS ORDERED that ERNIE PRICE shall provide child support for the child, Robert Price, as agreed upon by the parties.

IT IS ORDERED that UNKNOWN FATHER shall provide child support for the child, Rose Price, as agreed upon by the parties.

Medical Support

IT IS ORDERED that KATHY PRICE shall provide for the medical support of the children as agreed upon by the parties.

IT IS ORDERED that JASON HARRIS shall provide for the medical support of the child, Ben Harris, as agreed upon by the parties.

IT IS ORDERED that ERNIE PRICE shall provide for the medical support of the child, Robert Price, as agreed upon by the parties.

IT IS ORDERED that UNKNOWN FATHER shall provide for the medical support of the child, Rose Price, as agreed upon by the parties.

Release of Medical and Mental Health Records

IT IS ORDERED that Respondents KATHY PRICE, JASON HARRIS, ERNIE PRICE and UNKNOWN FATHER execute an authorization for the release of medical and mental health records to the Department, and provide the Department with a list of the names and addresses of the physicians and mental health providers who have treated the Respondents. The Respondents shall execute the authorization and deliver it, together with the list of physicians and mental health providers, to the Department within 15 days of the date of this hearing.

IT IS ORDERED that the Department provide an update to the Court at the next hearing regarding whether health care professionals have been consulted regarding a health care service, procedure, or treatment for all of the subject children.

Required Home Study/ Social Study

The Court finds that Respondent Mother, KATHY PRICE, has submitted the Child Placement Resources Form required under § 261.307, Texas Family Code.


The Court finds that Respondent Father, JASON HARRIS, has not submitted the Child Placement Resources Form required under § 261.307, Texas Family Code.

The Court finds that Respondent Father, ERNIE PRICE, has not submitted the Child Placement Resources Form required under § 261.307, Texas Family Code.

The Court finds that Respondent Father, UNKNOWN FATHER, has not submitted the Child Placement Resources Form required under § 261.307, Texas Family Code.

IT IS ORDERED that each Parent, Alleged Father or Relative of the subject children before the Court complete the Child Placement Resources Form provided under § 261.307, and file the completed Form with the Court if the form has not previously filed. IT IS FURTHER ORDERED that each Parent, Alleged Father or Relative provide the Department with a copy of the completed Form and the full name and current address or whereabouts and phone number of any absent parent, alleged father or relative of the subject children, pursuant to § 262.201, Texas Family Code.

IT IS ORDERED that the Texas Department of Family and Protective Services shall prepare a social/home study into the circumstances and condition of the children and of the home of Carol Hill, maternal aunt of the children, and Anita Dashee, paternal grandmother of Robert Price, and any other person requesting managing conservatorship or possession of the children. Such studies shall be filed with the Court on or before the earlier of: (1) the seventh day after the day the social study is completed or (2) the fifteenth day before the date of the next hearing in this cause. A Social/Home Study will not be conducted on any individual with a criminal history or with any validated CPS history. A criminal check will be conducted on all members of the household age 14 and up.

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.

Psychological or Psychiatric Evaluation: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that a Texas Department of Family and Protective Services’ contracted provider is appointed to interview, examine, evaluate, and consult with KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER, and to prepare a psychological or psychiatric evaluation of KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER to be filed with the Court.

IT IS FURTHER ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall appear as ordered by the Court and shall submit to and


cooperate fully in the preparation of this court-ordered psychological or psychiatric evaluation. Respondents are hereby notified that any communications made with a counselor, therapist, psychiatrist, or psychologist are not confidential.

Counseling: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall attend and cooperate fully in counseling sessions with a Texas Department of Family and Protective Services’ contracted therapist at time(s) and date(s) to be agreed upon by the parties to address the specific issues that led to the removal of the child from the home and to address any additional issues arising from the psychological examinations or from the counseling sessions. Said counseling sessions shall begin and shall continue until the counselor determines that no further sessions are necessary or until further order of this Court.

Parenting Classes: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall attend, participate in and successfully complete parenting classes and shall submit to the Department or file with Court a certificate of completion.

Drug and Alcohol Assessments and Testing: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall submit to and cooperate fully in the preparation of the court-ordered drug and alcohol dependency assessment.

Random Drug and Alcohol Testing: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall participate in random drug and alcohol testing as requested by the Department.

Substance Abuse Treatment: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall submit to and successfully complete a substance abuse


treatment program if recommended by the drug and alcohol assessment no later than the fifteenth day before the date of the next permanency hearing.

Domestic Abuse Classes: KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER

IT IS ORDERED that KATHY PRICE, JASON HARRIS, ERNIE PRICE, AND UNKNOWN FATHER shall participate in domestic abuse classes as requested by the Department.

Genetic Testing: UNKNOWN FATHER

IT IS ORDERED that the alleged father, UNKNOWN FATHER, present himself to DNA DIAGNOSTICS CENTER (DDC) with appropriate photographic identification, at a date and time to be determined by the TEXAS DEPARTMENT OF FAMILY and PROTECTIVE SERVICES to submit to scientifically accepted parentage tests by qualified experts.

IT IS ORDERED that the child, ROSE PRICE, be presented by the party who has physical possession of the child at a date and time to be determined by the TEXAS DEPARTMENT OF FAMILY and PROTECTIVE SERVICES to submit to scientifically accepted parentage tests by qualified experts.

All persons named above shall permit the above-named experts or their designated agents or employees to take blood, buccal cells, bone, hair, or other body tissue or fluid samples sufficient for genetic testing. The experts shall perform testing sufficient to exclude the alleged or presumed father, or to disclose that the man has at least a 99 percent probability of paternity, using a prior probability of 0.5, as calculated by using the combined paternity index obtained in the testing and combined paternity index of at least 100 to 1 with respect to each child.

If any party is incarcerated in a criminal correction facility at the time he/she/it is to provide samples of blood, body fluid or tissue as required for parentage testing, it is ORDERED that samples to be taken from the incarcerated party by the court-appointed expert shall be obtained in the correction facility. Further it is ORDERED that the correction agency shall allow access to the incarcerated party by the court appointed expert and shall allow the court-appointed expert to photograph the incarcerated party

The Court appoints DNA DIAGNOSTICS CENTER (DDC) by its agents, as the expert to perform parentage testing and ORDERS said expert to identify the aforementioned persons and to obtain a sample of blood, body fluids, or tissue from each sufficient for parentage testing in accordance with this order. Said expert shall conduct such testing as is necessary to ascertain the possibility of the alleged father’s paternity and exclude at least 99% of the male population from the possibility of being the father of the said child. The Court ORDERS the aforementioned persons to report


and provide an additional sample of blood, body liquid, or tissue if the expert deems additional samples are necessary.

Upon completion of the parentage tests, said experts shall promptly report the results of the tests, and its findings, conclusions and opinions concerning whether these alleged father; UNKNOWN FATHER is the biological father of the child, UNKNOWN FATHER to this court and mail a copy to each party, or their attorney of record. The costs and expenses of the testing, including the costs of any report, depositions, or trial appearance by said expert shall be advanced by the Attorney General. Such costs and expenses shall be taxed as costs in this proceeding and adjudged as appropriate on final hearing.

Compliance with Service Plan

KATHY PRICE is ORDERED, pursuant to § 263.106 Texas Family Code, to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit.

JASON HARRIS is ORDERED, pursuant to § 263.106 Texas Family Code, to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit.

ERNIE PRICE is ORDERED, pursuant to § 263.106 Texas Family Code, to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit.

UNKNOWN FATHER is ORDERED, pursuant to § 263.106 Texas Family Code, to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit.

The court finds that this order, as supplemented by the service plan to be approved at the Status Hearing under Texas Family Code §263.201, sufficiently defines the rights and duties of the parents of the child pursuant to Texas Family Code § 153.602 and satisfies the requirements of a parenting plan. To the extent there is evidence demonstrating that the children have been exposed to harmful parental conflict, the court orders that the Department address this issue in the Family Plan of Service.

Required Information

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.

IT IS ORDERED that each Parent furnish information sufficient to accurately identify that parent’s net resources and ability to pay child support along with copies of income tax returns for the past two years, any financial statements, bank statements, and current pay stubs, pursuant to § 154.063, Texas Family Code.


IT IS ORDERED that each Respondent provide the Department and the Court information sufficient to establish the parentage and immigration status of the children, including but not limited to marriage records, birth or death certificates, baptismal records, social security cards, records of lawful permanent residence (“green cards”), naturalization certificates, and any records from the United States Citizenship and Immigration Services, and records of Indian Ancestry or Tribal Membership.

IT IS ORDERD that each Respondent provide the Department with any information regarding whether the children or the children's family has Native American heritage and identify any Native American tribe with which the children may be associated and provide all available family history information relevant to determination of Indian child status on request.

IT IS ORDERED that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history for the children, including but not limited to the immunization records for the children and the names and addresses of all physicians who have treated the children.

IT IS ORDERED that each Respondent provide the Department information regarding the medical history of the parent and parent’s ancestors on the medical history report form, pursuant to § 161.2021, Texas Family Code.

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

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.

IT IS ORDERED that each Respondent provide the Department information regarding the medical history of the parent and parent’s ancestors on the medical history report form, pursuant to § 161.2021, Texas Family Code.

Duty To Provide Information

IT IS ORDERED pursuant to § 153.076(a), Texas Family Code that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child.

IT IS ORDERED pursuant to § 153.076(b), Texas Family Code, that each conservator of the child has the duty to inform the other conservator if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows:


is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or

is currently charged with an offense for which on conviction the person would be required to register under that chapter.

The notice required to be made under § 153.076(b), Texas Family Code, must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.

IT IS ORDERED pursuant to §153.076(b-1), Texas Family Code, that each conservator of BEN HARRIS, ROBERT PRICE AND ROSE PRICE has the duty to inform the other conservator of the children if the conservator:

Establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established, pursuant to §153.076(b-1)(1), Texas Family Code; or

Resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60 day period following the date the final protective order is issued, pursuant to §153.076(b-1)(2), Texas Family Code; or

Is the subject of a final protective order issued after the date of the order establishing conservatorship, pursuant to §153.076(b-1)(3), Texas Family Code.

The notice required to be made under §153.076(b-1), Texas Family Code, must be made as soon as practicable but not later than:

The 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if notice is required by §153.076(b-1)(1), Texas Family Code; or

The 90th day after the date the final protective order was issued, if notice is required by §153.076(b-1)(2), Texas Family Code; or

The 30th day after the date the final protective order was issued, if notice is required by §153.076(b-1)(3), Texas Family Code.

A CONSERVATOR COMMITS AN OFFENSE IF THE CONSERVATOR FAILS TO PROVIDE NOTICE IN THE MANNER REQUIRED BY SUBSECTIONS (b) AND (c), OR SUBSECTIONS (b-1) AND (c-1), AS APPLICABLE, OF § 153.076, Texas Family Code. AN OFFENSE UNDER THIS SUBSECTION (d) IS A CLASS C MISDEMEANOR.


"YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO REQUEST THE APPOINTMENT OF AN ATTORNEY PURSUANT TO SECTION 107.013, TEXAS FAMILY CODE, BY CONTACTING THE COURT AT 499TH JUDICIAL DISTRICT COURT OF SAN GABRIEL COUNTY, P.O. BOX 1580, GREAT CITY, TEXAS 76856. IF YOU APPEAR IN OPPOSITION TO THE SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY, THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU."

Notice of Status Hearing

IT IS ORDERED that this cause is set for a Status Hearing, pursuant to § 263.201

Texas Family Code, on Monday, February 27, 2020 at 9:00 o'clock a.m. in the 499th

Judicial District Court of San Gabriel County in Great City, Texas.

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 _______________, 2020.

JUDGE PRESIDING APPROVED AS TO FORM: Ms. DFPS Attorney Attorney for Petitioner, Department of Family and Protective Services 500 Main Street Great City, Texas 75000 email: [email protected] phone: (987) 987-6543 fax: (987)987-6542



State Bar # ____________

Mother’s Attorney, Attorney for Respondent Mother, Kathy Price [email protected]

____________________________________________ Father of Rose Price’s Attorney, Attorney for Father of Rose Price, UNKNOWN FATHER [email protected]

_____________________________________________ Father of Robert Price’s Attorney Attorney for Father of Robert Price, ERNIE PRICE [email protected]

_________________________________________________





Father of Ben Harris’ Attorney Attorney for Father of Ben Harris, JASON HARRIS, [email protected] ___________________________________________________ Attorney Ad Litem for the Children Ms. Attorney Ad Litem, [email protected] Courtesy Copy provided to Guardian ad Litem, Mr. CASA, [email protected]





CAUSE NO. D-1-FM-12-000123

IN THE INTEREST OF: § IN THE DISTRICT § COURT OF BEN HARRIS, § SAN GABRIEL COUNTY ROBERT PRICE, § TEXAS ROSE PRICE, § 499TH JUDICIAL CHILDREN § DISTRICT

ORIGINAL ANSWER OF THE ATTORNEY AD LITEM

TO THE HONORABLE COURT:

Children’s Attorney, Ms. Attorney ad Litem for BEN HARRIS, ROBERT PRICE, AND

ROSE PRICE who are the subject Children of this suit, files this Original Answer.

1. By this answer, the Attorney ad Litem for the subject Children makes her

appearance in this case for all purposes and demands strict proof of the allegations of Petitioner

and Respondents.

2. The Attorney ad Litem requests that this Court grant, as necessary, temporary

orders for the safety and welfare of the Children.

3. The Attorney ad Litem alleges that if this cause proceeds to final hearing, it is in

the best interest of the subject Children that orders be made appointing as Managing Conservator

a suitable competent adult, a parent, or an authorized agency, and that orders be entered providing

for support of the Children and for the terms and conditions of possession of and access to the

Children by any Possessory Conservator.

PRAYER

The Attorney ad Litem prays that all factors requested above be considered, that she receive

notice of all proceedings in this cause, and that the Court grant any appropriate orders in the interest

of the subject Children of this suit.


The Attorney ad Litem requests a judgment for reasonable fees and expenses.

The Attorney ad Litem prays for general relief.

Respectfully submitted, Ms. Attorney ad Litem State Bar No. 12345678 Law Office of Children’s Attorney 555 Main Street Great City, Texas 75000 P: (987) 555-5555 F: (987) 444-4444 [email protected] Attorney ad Litem for Subject Children

CERTIFICATE OF SERVICE

I certify by my signature appearing above that a true copy of the foregoing Original Answer of the Attorney ad Litem was served on each attorney of record or to the following parties indicated below on or before January 16, 2020, in accordance with the Texas Rules of Civil Procedure:

Department’s Attorney, Ms. DFPS Attorney Attorney for The Department of Family and Protective Services, [email protected]

Mother’s Attorney, Attorney for Respondent Mother, Kathy Price [email protected]

Father of Rose Price’s Attorney, Attorney for Father of Rose Price, UNKNOWN FATHER [email protected]

Father of Robert Price’s Attorney Attorney for Father of Robert Price, ERNIE PRICE [email protected]

Father of Ben Harris’ Attorney Attorney for Father of Ben Harris, JASON HARRIS, [email protected] Courtesy Copy provided to Guardian ad Litem, Mr. CASA, [email protected]









CAUSE NO. D-1-FM-12-000123


RESPONDENT MOTHER, KATHY PRICE’S ORIGINAL ANSWER AND COUNTER-PETITION


A. Original Answer

A.1 Denial of Allegations

KATHY PRICE, Respondent Mother, enters a general denial pursuant Texas Rules of Civil Procedure

92.

A.2 Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Respondent KATHY PRICE to be represented by a licensed attorney qualified,

pursuant to the local rules of San Gabriel County, to represent parents in cases filed by the Texas Department

of Family and Protective Services.

Respondent Mother, KATHY PRICE is requesting that San Gabriel County pursuant to Texas Family

Code Section 107.015 pay all reasonable attorney fees and allowed expenses and costs through trial incurred

by the attorney appointed to represent the Respondent Mother KATHY PRICE out of the funds designated to

do so.

A.3 Prayer


Respondent prays that all relief prayed for by Petitioner, the Texas Department of Family and

Protective Services be denied and the Respondent Mother, KATHY PRICE be granted all relief requested in

this answer/counter-petition.

Respondent prays for attorney’s fees, expenses, and costs as requested above.

Respondent prays that the children subject this suit be returned to the care and custody of the

Respondent Mother, KATHY PRICE.

Respondent Mother, KATHY PRICE prays that she be named as the sole managing conservator of the

children subject this suit.

Respondent Mother, KATHY PRICE prays that the Department of Family and Protective Services be

dismissed.

Respondent prays for general relief.

B. Counter-Petition

B.1 Parties

The Answer and Counter-Petition is brought by Respondent Mother, KATHY PRICE whose current

address is in San Gabriel County, Texas. Counter-Respondent is Texas Department of Family and Protective

Services.

Counter-Petitioner has standing to bring this suit in that she is the mother of the children who are

subject of this suit.

Counter-Respondent is the Texas Department of Family and Protective Services (“the Department”)

and is an authorized agency, located in Great City, San Gabriel County, Texas. A copy of this Counter-Petition

is being served on the Department’s Attorney of Record, Department’s Attorney, via email at

DFPSAttorney.com.


Counter-Respondent, JASON HARRIS, is the biological father of the child, BEN HARRIS. A copy

of this Counter-Petition is being served via email at JasonHarrisAttorney.com.

Counter-Respondent, ERNIE PRICE, is the biological father of the child, Robert Price. A copy of this

Counter-Petition is being served on his attorney of record, Father of Robert Price’s Attorney, via email at

ErniePriceAttorney.com.

Counter-Respondent, UNKNOWN FATHER OF ROSE PRICE, is the biological father of the child,

Rose Price. A copy of this Counter-Petition is being served on his attorney of record, Father of Rose Price’s

Attorney, via email at AttorneyUnknownFatherRosePrice.com.

The children made the basis of this suit are represented by an Attorney ad Litem. A copy of this

Counter-Petition is being served on the children’s Attorney ad Litem, Ms. Attorney ad Litem, via email at

MsAttorneyAdLitem.com.

The children made the basis of this suit are represented by a Guardian ad Litem. A copy of this

Counter-Petition is being served on the children’s Guardian ad Litem, Mr. CASA, via email at

[email protected].

B.2 Discovery

Counter-Petitioner seeks discovery to be conducted pursuant to Texas Rules of Civil Procedure

governing discovery in civil cases.

B.3 Jurisdiction

This court has continuing jurisdiction of the children subject of this suit.

The following children are the subject of this suit: NAME: BEN HARRIS SEX: MALE DATE OF BIRTH: OCTOBER 31, 2008 COUNTY OF RESIDENCE: SAN GABRIEL COUNTY, TEXAS


NAME: ROBERT PRICE SEX: MALE DATE OF BIRTH: MAY 10, 2011 COUNTY OF RESIDENCE: SAN GABRIEL COUNTY, TEXAS NAME: ROSE PRICE SEX: FEMALE DATE OF BIRTH: MARCH 28, 2019 COUNTY OF RESIDENCE: SAN GABRIEL COUNTY, TEXAS B.4 Health Insurance

Health Insurance is provided for the children by the appropriate governmental agencies.

B.5 Property of the Child Subject the Suit

No property of consequence is owned or possessed by the children subject of this suit.

B.6 Conservatorship

Counter-Petitioner believes that the parties will enter into a written agreement containing

provisions for conservatorship of the children. If such an agreement is not made, Counter-Petitioner

requests the Court to make orders for conservatorship of the children, including such Orders as would be

appropriate to ensure that the Respondent Mother, KATHY PRICE and her family are able to maintain a

relationship with the children, including but not limited to managing conservatorship. Strictly in the

alternative, Counter-Petitioner is asking the court to name her as possessory conservator.

B.7 Parent Child Relationship

The parent-child relationship which exists between Counter-Petitioner and the children of this suit

is one of constitutional dimensions, Holick v. Smith, 685 S.W.2d 18 (Tex.1985), and before such

relationship is disturbed or severed, every effort should be made to rehabilitate the deficiencies of the

Respondent Mother, KATHY PRICE so that the Respondent Mother, KATHY PRICE and the children

subject this suit can remain united.


Additionally, when such fundamental and constitutional rights are involved, the Court should seek the least

onerous and restrictive alternative for the placement of the child. It is therefore in the best interests of the

children to be returned to Counter-Petitioner and that Counter-Petitioner be appointed Managing

Conservator of the children, the subjects of this suit, pursuant to Texas Family Code Section 153.131, with

all the rights and duties of a Managing Conservator as named in Chapter 153 of the Texas Family Code. If

the Respondent Mother, KATHY PRICE is not named the Managing Conservator, it is in the best interest

of the children that she be named a Possessory Conservator pursuant Texas Family Code Section 153.191,

with all the rights and duties of a Possessory Conservator as named in Texas Family Code Section 153.192,

et. sec. Further, Counter-Petitioner asks that she have the exclusive right to designate the primary residence

of the children pursuant Texas Family Code Section 153.132.

Pursuant to Texas Family Code Section 262.201, the Texas Department of Family and Protective

Services is expected to show that: 1) there is a continuing danger to the physical health or safety 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 home is contrary to the welfare of the child; 2) the urgent need for protection required the

immediate removal of the children and reasonable efforts, consistent with the circumstances and providing

for the safety of the children were made to eliminate or prevent the children’s removal; and 3) reasonable

efforts have been made to enable the children to return home, but there is a substantial risk of a continuing

danger if the children are returned home. Counter-Petitioner is asking the Court to take the Department

representative under oath to ascertain the above status and efforts of the Texas Department of Family and

Protective Services.

Pursuant to Texas Family Code Section 262.114, the Texas Department of Family and Protective

Services before the full adversary hearing, must perform a background and criminal history check of the

relatives or the designated individuals identified as a potential relative or designated caregiver. The

Department shall evaluate each person to determine who would be the


most appropriate substitute caregiver for the children and must complete a home study of the most

appropriate caregiver before the full adversary hearing. Counter-Petitioner is asking the court to take the

Department representative under oath to ascertain the names of persons studied and the outcomes of studies

performed. If the Court finds that no studies were performed on named individuals, the Counter-Petitioner

is asking the court to recess the current hearing and hold a Show Cause hearing where-in the Department

is mandated to show cause as to why the studies have not been performed as statutorily mandated.

In accordance with the Texas Family Code Section 264.201 and in accordance with the

Department’s own policy and regulations, the Department is under a duty to provide in home child

protective services to prevent the removal of children, in general, and the children subject this suit in

particular. Furthermore, the Department is under a duty to provide protective services to children in their

own homes to help prevent further abuse or neglect and to prevent the removal of the children. Texas

Administrative Code, Title 40, Section 700.701 and 700.901-904.

Counter-Petitioner requests that the Court order the Department to make all reasonable efforts to

prevent the removal of the children from the Counter-Petitioner and if removal has already occurred, the

return of the children, instantor.

B.8 Possession and Access

Texas Family Code Sections 153.251 and 153.252, and the guidelines established in the standard

possession order are intended to guide the courts in ordering the terms and conditions for possession of a

child by a parent named as a possessory conservator. It is the policy of this state to encourage frequent

contact between a child and each parent for periods of possession that optimize the development of a close

and continuing relationship between each parent and child. Counter-Petitioner would request from the court

Standard Possession of and access to the children without the burden of 24 hour confirmation. Strictly in

the alternative, Counter-Petitioner is asking the court for a graduated possession schedule that will

realistically facilitate the reunification of the children and counter-petitioner.


B.9 Prayer

Counter-Petitioner prays that notice issue as required by law.

Counter-Petitioner prays that the Court enters Orders in accordance with the allegations contained

herein.

Counter-Petitioner prays that the Court order the Department to make all reasonable efforts to

facilitate the return of the children to the Counter-Petitioner, instantor, if the children have been removed/

voluntarily placed.

Counter-Petitioner prays that the Department be ordered to provide rehabilitative services to the

family and utilize the least restrictive alternatives for substitute placement of the children.

Counter-Petitioner prays that the Department be ordered to make all reasonable accommodations

to services and to the service plan so that the services received and the services that the Counter-Petitioner

is ordered to participate in are effective; appropriate; workable; and accessible to the Respondent Mother,

KATHY PRICE.

Counter-Petitioner prays that she be appointed Managing Conservator of the children subject this

suit, with all accompanying rights and duties, including but not being limited to the right to be notified in

advance of and the right to attend medical and dental and educational appointments; and right to be notified

about medical treatments related to the child within 12 hours of said treatment being provided, (this

specifically includes the right to be notified about the introduction of or a change of medications given to

the child). Strictly in the alternative, Counter-Petitioner prays that she be appointed Possessory Conservator

of the children, with all accompanying rights and duties, including but not being limited to the right to be

notified in advance of and the right to attend medical and dental and educational appointments; and right

to be notified about medical treatments related to the child within 12 hours of said treatment being provided,

(this specifically includes the right to be notified about the introduction of or a change of medications given

to the child).


Counter-Petitioner prays that she be appointed as the conservator with the exclusive right to

determine the domicile of the children subject this suit.

Counter-Petitioner prays that she be awarded standard possession of and access to the children. In

the alternative, petitioner prays that she be awarded a graduated schedule of unsupervised possession

progressing toward standard access and possession as defined in the Texas Family Code, until reunification

is achieved.

Counter-Petitioner prays that Counter-Respondent take nothing and that Counter-Petitioner be

granted all relief requested herein.

Counter-Petitioner prays for all other relief in all and equity for which she may be entitled.

Respectfully submitted,

Mother’s Attorney, Attorney for Kathy Price State Bar No. 12345678 Law Office of Mother’s Attorney 554 Main Street Great City, Texas 75000 [email protected] P: (987) 555-4444 F: (987) 444-5555 Attorney for Respondent


I certify by my signature appearing above that a true copy of the above was served on each attorney

of record or party indicated below in accordance with the Texas Rules of Civil Procedure on January 20,

2020.

Department’s Attorney, Ms. DFPS Attorney Attorney for The Department of Family and Protective Services, [email protected]

Attorney Ad Litem for the Children, Ms. Attorney ad Litem, [email protected]







Father of Robert Price’s Attorney Attorney for Father of Robert Price, ERNIE PRICE [email protected]

Father of Ben Harris’ Attorney Attorney for Father of Ben Harris, JASON HARRIS, [email protected]

Courtesy Copy provided to Guardian ad Litem, Mr. CASA, [email protected]





Status Hearing

At the time of the Harris-Price Status Hearing, the case appears to be progressing well. The Family Service Plan has been completed and filed; while not included herein, please assume that it contains all of the court-ordered services set forth in the Temporary Orders Following Adversary Hearing included above. Kathy Price is largely compliant with the service plan, and has attended 75% of all scheduled visits. (In the Temporary Order Following Adversary Hearing, visitation for Ms. Price was ordered to be once a week for two hours with all three siblings.) Regarding the missed visits, Ms. Price reports transportation issues or other significant events which prevented her from attending. Ms. Price expresses to the Court at the hearing that she wants her children to be happy, healthy, and have a good education, and that she is the best person to provide for her children. Regarding Child Support, Ms. Price is making payments when she is employed but is not otherwise keeping up with her court’s order to make payments based on minimum wage. Ms. Price says that she is making up for this by bringing diapers and formula for Rose to visitation.

At the Status Hearing, the Guardian Ad Litem (CASA) reports that while he is doing well at his maternal Aunt’s house, Ben Harris strongly desires to return to his mother, and wants his siblings to be back together as well. Ben especially misses his sister, whom he takes great pride in caring for. Robert Price also wants to return to live with his mother but is also adjusting very well to living with his father in the home shared by his father, Ernie Price, and Mr. Price’s mother, Anita Dashee. Rose has been placed in a Foster/Adopt home and is doing well.

The Conservatorship Worker’s Court Report states that Ben’s maternal aunt, Carol Hill, is willing to act as a placement, notes that Kathy Price has the equivalent of a high school diploma, and is currently unemployed, and that Ms. Price is unable to adequately explain Rose’s lower back bruising or why Ben’s asthma was left untreated for so long.

TFC Sections 263.201, 263.202, and 263.203 govern the Status Hearing.

ICWA should be considered at the outset of every case because the standards of proof are different for every stage. If the ICWA applies, the requirements are as follows:

For Foster Care Placement - Clear and convincing evidence including testimony from a qualified expert witness that continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child; and active efforts to provide remedial and rehabilitative services to prevent the breakup of the Indian family were made by DFPS but proved unsuccessful. 25 U.S.C. §1912(d) and (e).

For Termination of Parental Rights - Evidence beyond a reasonable doubt including testimony from a qualified expert witness that continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child; and active efforts to provide remedial and rehabilitative services to prevent the breakup of the Indian family were made but proved unsuccessful. 25 U.S.C. §1912(d) and (f).



CAUSE NO. D-1-FM-12-000123




STATUS REPORT TO THE COURT

COMES NOW PETITIONER, Texas Department of Family and Protective Services, represented by Ms. Conservatorship Worker, Child Protective Services Specialist II, and presents this progress report to the Court for hearing set on February 27, 2020, at 9:00 am.

I. SUBJECT CHILD (REN)

Name: Ben Harris

Sex: Male

Age: 11

Date of Birth: 10/31/2008

Place of Birth: Great City, Texas USA

Name of Current School: Great City Middle School

Initial Placement Date: 1/1/2020

Current Placement Type: Relative Placement

Date of Current Placement: 1/10/20

County of Current Placement San Gabriel County

Indian Child Status: No parent/ relative interviewed yet about possible Indian child status. Child's possible Indian child status reported by name each parent, relative, other, and

is yet to be determined. Child's Indian child status denied by Kathy Price and Carol Hill. Indian child status confirmed by Name Tribe.

Name: Robert Price

Sex: Male

Age: 8



Name of Current School: Great City Elementary


Current Placement Type: Noncustodial Parent





is yet to be determined. Child's Indian child status denied by Kathy Price, Ernie Price, and Carol Hill. Indian child status confirmed by Name Tribe.

Name: Rose Price

Sex: Female

Age: 11 mths



Name of Current School: Not Applicable


Current Placement Type: Substitute Care- Foster Placement





II. PERSONS ENTITLED TO NOTICE OF THE HEARINGKathy Price Respondent Mother 123 Broadway Great City, Texas 75000

Mother’s Attorney Attorney for Mother 554 Main Street Great City, Texas 75000

Children’s Attorney Ad Litem Ms. Attorney Ad Litem for the Children 555 Main Street Great City, Texas 75000

Mr. CASA Guardian Ad Litem for the Children 553 Main Street Great City, Texas 75000

Jason Harris Respondent Father of Ben Harris Route 4 County Road 28 Merry City, Texas 75010

Ernie Price Respondent Father of Robert Price 1414 Main Street Great City, Texas 75000

Father Ernie Price’s Attorney Attorney for Father, Ernie Price 551 Main Street Great City, Texas 75000

Department’s Attorney Unknown Father of Rose Price’s


Ms. DFPS Attorney Attorney for the Petitioner P.O. Box 7777 Great City, Texas 75000

Attorney 555 Main Street Great City, Texas 75000

III. CURRENT LEGAL STATUS

A. The Department was appointed Temporary Managing Conservator of Ben Harris,Robert Price, and Rose Price on January 1, 2020.

IV. SERVICE OF PROCESS

PARENT DATE OF SERVICE

METHOD OF SERVICE

IF PARENT HAS NOT BEEN SERVED, DESCRIBE THE EFFORTSMADE TO SERVE THE PARENT.

Kathy Price 1/3/2020 Served by Constable Jason Harris 1/5/2020 Served by Constable Ernie Price 1/3/2020 Served by Constable Unknown Father of Rose Price

Not yet served.

Ms. Price and other family members have not identified the father of Rose Price. Caseworker has requested names of potential fathers and birth certificate records.

V. DUE DILIGENCE TO LOCATE ALL PARTIES ENTITLED TO CITATION

A. Parental CooperationMs. Price continues to state that she is unaware of who the father of Rose Price is, andhas not provided names of potential fathers.

B. The Department's Efforts to Locate Missing ParentsCaseworker has requested to examine a birth certificate from the Department of StateHealth Services and is also awaiting a response from the Paternity Registry regardingidentification of any potential father of Rose Price.

VI. NOTIFICATION OF RELATIVESA. DFPS Efforts

Caseworker continues to have contact with the placement caregiver of Ben Harris andmaternal aunt of the children, Carol Hill. Caseworker is also in contact with the paternalgrandmother of Robert Price, Anita Dashee, who lives in the same home that Robert Priceis placed in, with his father Ernie Price.

B. Individuals Identified, Located and/or NotifiedCaseworker has notified Carol Hill and Anita Dashee, consistent with the CaregiverResources Form completed by Kathy Price. Caseworker sent a Notification of Removal


Letter to Carol Hill and Anita Dashee on January 20, 2020. The unknown father of Rose Price has not been identified, located, or sent a Notification of Removal Letter.

VII. FAMILY PLAN OF SERVICE

CPS Requests that the Court make the Service Plan for Kathy Price an order of the Court.

VIII. SUMMARY OF CHILD’S MEDICAL STATUS

CHILD SEXDATE OF BIRTH

RACE/ETHNICITY AS IDENTIFIED BYPARENT AND/OR CHILD

Ben Harris Male 10/31/08 White and Black or African American A. Medical, Dental and Psychological Information

a) Medicali. Date of last physical: 1/30/2020ii. Child's Weight (in lbs.): 125iii. Height: 5’4”iv. Date of last vision exam: 1/30/2020v. Current Medical concerns/recommendations:

Ben has been prescribed and is currently taking medication forADHD and difficulty in controlling behaviors. Ben also uses aninhaler as needed for asthma.

b) Dentali. Date of last dental: 2/15/2020ii. Current Dental concerns/recommendations: No concerns.

c) Psychologicali. Therapy

Therapist: Tim TerryTherapy Type: IndividualDates/Frequency: Ben has been scheduled for weekly individualtherapy that will begin next week, in March 2020.

ii. Psychological/Psychiatric Evaluation:

DATE EVALUATOR INFORMATION

DIAGNOSIS RECOMMENDATIONS

2/20/20 Dr. Pete Psychiatrist ADHD; Major Depression

Medication management and weekly therapy to address behavior, grief, and trauma concerns.

d) Medication


MEDICATION DOSAGE CONDITION/

DIAGNOSIS

SYMPTOM BEING

TREATED

LAST MED REVIEW

PRESCRIBING PHYSICIAN

Concerta

Prozac

50 mg/day, increasing to 72 mg/day

20 mg/day, increasing to 40 mg/day

ADHD Major Depression

Difficulty in school and at home with focus and organizing himself

2/20/20 Dr. Pete Psychiatrist

Inhaler Two Puffs as Needed

Asthma Difficulty Breathing

1/30/20 Great City Medicaid Clinic

CHILD SEXDATE OF BIRTH

RACE/ETHNICITY AS IDENTIFIED BYPARENT AND/OR CHILD

Robert Price Male 5/10/11 White and Black or African American

A. Medical, Dental and Psychological Informationa) Medical

i. Date of last physical: 1/30/20ii. Child's Weight (in lbs.): 60iii. Height: 4’2”iv. Date of last vision exam: 1/30/20v. Current Medical concerns/recommendations: None.

b) Dentali. Date of last dental: 2/15/20ii. Current Dental concerns/recommendations:

Robert had 8 cavities filled at his dental appointment and waseducated about the importance of improving his dental hygiene. The Department has discussed this issue with Mr. Ernie Price, who is reportedly monitoring better dental habits at home.

c) Psychologicali. Therapy

Therapist: Tim TerryTherapy Type: Individual


Dates/Frequency: Robert has been scheduled for weekly individual therapy that will begin next week, in March 2020.




2/20/20 Dr. Peter Psychiatrist Child Victim of Abuse/Neglect

Therapy as needed to address any concerns of trauma and grief.

d) Medication

MEDICATION DOSAGE CONDITION/ DIAGNOSIS

SYMPTOM BEING

TREATED

LAST MED REVIEW


None

CHILD SEX DATE OF BIRTH

RACE/ETHNICITY AS IDENTIFIED BY PARENT AND/OR CHILD

Rose Price Female 3/28/19 White and Black or African American A. Medical, Dental and Psychological Information

a) Medical i. Date of last physical: 1/30/20 ii. Child's Weight (in lbs.): 19 iii. Height: 27.5” iv. Date of last vision exam: 1/30/20 v. Current Medical concerns/recommendations:

Continue diaper rash ointment as needed. b) Dental

i. Date of last dental: Not Applicable. ii. Current Dental concerns/recommendations: No concerns.

c) Psychological i. Therapy Therapist: Not Applicable. Therapy Type: Dates/Frequency: ii. Psychological/Psychiatric Evaluation:




Not Applicable.

d) Medication

MEDICATION DOSAGE CONDITION/DIAGNOSIS

SYMPTOM BEING

TREATED

LAST MED REVIEW


OTC Diaper Rash Ointment

As Needed

Diaper Rash Rash 2/20/20 Great City Medicaid Clinic

IX. RECOMMENDATIONS:

Based on the information gathered to date and the Department's assessment of the family, it is respectfully recommended to the Court that:

1. The Texas Department of Family and Protective Services continue as TemporaryManaging Conservatorship of the subject children;

2. That the children’s current placements be continued and approved;

3. That the recommendations listed above be made the order of the court;

4. That the Family Plan of Service be made an order of the court;

5. That a review hearing be held in four months.

Respectfully submitted:

_____________________________ Ms. Conservatorship Caseworker Child Protective Services Specialist II Date: February 20, 2020

Approved by:

_______________________________ Ms. CVS Caseworker Supervisor Child Protective Services Supervisor Date: February 20, 2020



CAUSE NO. D-1-FM-12-000123




STATUS HEARING ORDER

On February 27, 2020, a Status Hearing was held pursuant to Subchapter C, Chapter 263, Texas Family Code.

Appearances

1.9. The Department of Family and Protective Services (“the Department”) appeared through Ms. Conservatorship Caseworker, caseworker, and by attorney, Ms. DFPS Attorney, and announced ready.

1.10. Respondent Mother, KATHY PRICE appeared in person and announced ready. appeared through attorney of record _____________________________ and

announced ready. appeared in person and through attorney of record Ms. Kathy Price’s

Attorney, and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default. was not notified, and did not appear.

1.11. Respondent Presumed Father, JASON HARRIS, father of BEN HARRIS appeared in person and announced ready. appeared through attorney of record Mr. Jason Harris’ Attorney andannounced ready. appeared in person and through attorney of record_____________________________ and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly madedefault. was not notified, and did not appear.


1.12. Respondent Presumed Father, ERNIE PRICE, father of ROBERT PRICE appeared in person and announced ready. appeared through attorney of record _____________________________ and

announced ready. appeared in person and through attorney of record Mr. Ernie Price’s

Attorney and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default. was not notified, and did not appear.

1.13. Respondent, UNKNOWN FATHER, father of ROSE PRICE appeared in person and announced ready. appeared through attorney of record Mr. Attorney for Unknown Father of

Rose Price and announced ready. appeared in person and through attorney of record


1.14. Ms. Attorney ad Litem, , appointed by the Court as Attorney Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.15. Mr. CASA, appointed by the Court as Guardian Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.16. Also Appearing: Carol Hill, maternal Aunt of the children, and Anita Dashee, paternal Grandmother of Robert Price.

Findings

The Court, having reviewed the pleadings, and considered all evidence and information required by law, including all service plans and court reports filed by the Department, finds that all necessary prerequisites of the law have been satisfied, and that this Court has jurisdiction over this cause.

The Court finds that all parties entitled to citation and notice have been served, except as specifically set out below.


The Court finds that UNKNOWN FATHER OF ROSE PRICE, although entitled to notice of this hearing, was not served. The Court finds that the Department has exercised due diligence to locate this respondent.

The Court, having reviewed the report filed under § 263.007, finds that the Department's efforts have not been sufficient to identify, locate, and provide information to each adult described in § 262.1095(a).

If the Court finds that efforts have not been sufficient, then IT IS ORDERED that the Department make further efforts to identify, locate, and provide information to each adult described in § 262.1095(a).

The Court, having reviewed the service plans filed by the Department, finds, except as specifically noted below, that the service plans are reasonable, accurate, and in compliance with the previous orders of the Court.

The Court finds that the goal of the service plans is to return the children to the parents, and the plans adequately ensure that reasonable efforts are being made to enable the parents to provide a safe environment for the children.

The Court finds the plans are reasonably tailored to address any specific issues identified by the Department.

The Court finds that a representative of the Department has signed the service plans.

The Court finds that KATHY PRICE has reviewed and understands the service plan and has been advised that unless she is willing and able to provide the children with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, her parental and custodial duties and rights may be subject to restriction or to termination or the children may not be returned to her.

The Court finds that KATHY PRICE has signed the plan.

The Court finds that JASON HARRIS has not reviewed and understands the service plan and has been advised that unless he is willing and able to provide the children with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, his parental and custodial duties and rights may be subject to restriction or to termination or the children may not be returned to him.

The Court finds that JASON HARRIS has not signed the plan.

The Court finds that ERNIE PRICE has reviewed and understands the service plan and has been advised that unless he is willing and able to provide the children with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, his parental and custodial duties and rights may be subject to restriction or to termination or the children may not be returned to him.

The Court finds that ERNIE PRICE has signed the plan.


The Court finds that Respondent Mother, KATHY PRICE, has completed the Child Placement Resources Form and filed it with the Court as required under § 261.307, Texas Family Code. If the form has not previously been submitted, IT IS ORDERED that KATHY PRICE submit the Child Placement Resources Form to the Department.

The Court finds that Respondent Father, JASON HARRIS, has not completed the Child Placement Resources Form and filed it with the Court as required under § 261.307, Texas Family Code. If the form has not previously been submitted, IT IS ORDERED that JASON HARRIS submit the Child Placement Resources Form to the Department.

The Court finds that Respondent Father, ERNIE PRICE, has completed the Child Placement Resources Form and filed it with the Court as required under § 261.307, Texas Family Code. If the form has not previously been submitted, IT IS ORDERED that ERNIE PRICE submit the Child Placement Resources Form to the Department.

The Court has reviewed the summary of the medical care provided to the subject children under § 266.007, Texas Family Code.

The Court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for BEN HARRIS, ROBERT PRICE, and ROSE PRICE. The Court accepts the recommendation of the health care professional for the following reasons: the Court finds that the decisions about the health care of the subject children are in their best interest.

The Court has inquired whether the children or the children's family has Native American heritage and identified any Native American tribe with which the children may be associated.

IT IS ORDERED that each Respondent provide the Department with any information regarding whether the children's family has Native American heritage and identify any Native American Tribe with which the children may be associated and provide all available family history information relevant to determination of Indian child status on request.

The Court has also reviewed the Visitation Plan provided by the Department pursuant to § 263.109, Texas Family Code.

Visitation Plan: KATHY PRICE

22.1. The Court finds that visitation between BEN HARRIS, ROBERT PRICE AND ROSE PRICE and KATHY PRICE must be supervised to protect the health and safety of BEN HARRIS, ROBERT PRICE AND ROSE PRICE. The Court further finds that KATHY PRICE must take the following specific steps to have level of supervision reduced:


Arrive at the visits without being under the influence of marijuana or alcohol and submit to a drug test at each visitation when requested to do so by the caseworker.

Visitation Plan: JASON HARRIS

22.2. The Court finds that visitation between JASON HARRIS and BEN HARRIS must be supervised to protect the health and safety of BEN HARRIS. The Court further finds that JASON HARRIS must take the following specific steps to have level of supervision reduced:

Attend visits regularly.

Visitation Plan: ERNIE PRICE

22.3. The Court finds that visitation between ROBERT PRICE and ERNIE PRICE must be supervised to protect the health and safety of ROBERT PRICE. The Court further finds that ERNIE PRICE must take the following specific steps to have level of supervision reduced:

Provided that Ms. Anita Dashee is present at the time of the visits, Mr. Ernie Price has no further restriction to his visitation with Robert Price.

Visitation Plan: UNKNOWN FATHER

22.4. The Court finds that visitation between ROSE PRICE and UNKNOWN FATHER must be supervised to protect the health and safety of ROSE PRICE. The Court further finds that UNKNOWN FATHER must take the following specific steps to have level of supervision reduced:

Unknown Father of Rose Price has been served by publication but has not made a personal appearance in this case.

Orders

22.5. IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the plan of service for the parents, filed with the Court on February 10, 2020 and incorporated herein by reference as if the same were copied verbatim in this order, is APPROVED and made an ORDER of this Court.

IT IS ORDERED that the plan of service issued by this Court shall continue in full force and effect subject to the following modifications:

None.

The Court advises the parents that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the service plan.

Unless otherwise directed by this Court prior to the hearing, the following children shall not be required to attend the Initial Permanency Hearing Before Final Order:


Ben Harris

Robert Price

Rose Price


IT IS ORDERED that all previous orders issued by this Court shall continue in full force and effect subject to the following modifications:

None. _________________________________

Notice of Permanency Hearing

IT IS ORDERED that the Initial Permanency Hearing Before Final Order in this

cause is hereby set for Friday June 23, 2020 at 9:00 o'clock a.m., in the 499th Judicial

District Court of San Gabriel County, Texas.

SIGNED this 27th day of February, 2020.

JUDGE PRESIDING

APPROVED AS TO FORM:

Ms. DFPS Attorney, Attorney for Petitioner, Department of Family and Protective Services 500 Main Street Great City, Texas 75000 email: [email protected] phone: (987) 987-6543 fax: (987)987-6542 State Bar # ____________



Kathy Price Respondent Mother Kathy Price’s Attorney

Jason Harris Presumed Father of the Child Ben Harris Jason Harris’ Attorney

Ernie Price Presumed Father of the Child Robert Price Ernie Price’s Attorney

____________________________________ Unknown Father Unknown Father of Rose Price’s Attorney, Attorney for Unknown Father of Rose Price

____________________________________ Attorney ad Litem for the Children Ms. Attorney Ad Litem

_____________________________________ Guardian ad Litem for the children Mr. CASA


Permanency Hearings Before Final Order

Permanency Hearings Before Final Order are held initially by day 180 in a CPS case, with subsequent permanency review hearings before final order also held thereafter within 120 days following the prior permanency hearing.

TFC 263.301 et seq. govern all permanency hearings in CPS cases.

At the Initial Permanency Hearing Before Final Order in the Harris-Price case, the Court hears that Ms. Price’s progress with services is mixed. In consideration of the current case progression, and the Department’s ongoing concern that the children may not be able to safely return to the care of Kathy Price by the case deadline, Mediation is requested and authorized by the Court.



CAUSE NO. D-1-FM-12-000123




PERMANENCY REPORT TO THE COURT - TEMPORARY MANAGING CONSERVATORSHIP

The Texas Department of Family and Protective Services ("the Department") represented by Ms. Conservatorship Caseworker presents this report regarding the permanency plan and the progress that has been made toward ensuring that a final order consistent with this plan is rendered for the children who are the subject of this suit. The court hearing is scheduled for June 23, 2020 at 9:00 a.m.

I. SUBJECT CHILDREN

Name: Ben Harris

Sex: Male

Age: 11



Name of Current School: Great City Middle School


Current Placement Type: Relative Placement





Name: Robert Price

Sex: Male

Age: 9



Name of Current School: Great City Elementary


Current Placement Type: Noncustodial Parent





is yet to be determined. Child's Indian child status denied by Kathy Price, Ernie Price, and Carol Hill. Indian child status confirmed by Name Tribe.

Name: Rose Price

Sex: Female

Age: 1



Name of Current School: Not Applicable


Current Placement Type: Substitute Care- Foster Placement





II. PARTIES ENTITLED TO NOTICE OF THE HEARING

Kathy Price Respondent Mother 123 Broadway Great City, Texas 75000

Mother’s Attorney Attorney for Mother 554 Main Street Great City, Texas 75000

Children’s Attorney Attorney Ad Litem for the Children 555 Main Street Great City, Texas 75000

Mr. CASA Guardian Ad Litem for the Children 553 Main Street Great City, Texas 75000

Jason Harris Respondent Father of Ben Harris Route 4 County Road 28 Merry City, Texas 75010

Father Jason Harris’ Attorney Mr. Jason Harris’ Attorney 550 Main Street Great City, Texas

Ernie Price Respondent Father of Robert Price 1414 Main Street Great City, Texas 75000

Father Ernie Price’s Attorney Attorney for Father, Ernie Price 551 Main Street Great City, Texas 75000


Department’s Attorney Ms. DFPS Attorney P.O. Box 7777 Great City, Texas 75000

Unknown Father of Rose Price’s Attorney 555 Main Street Great City, Texas 75000

III. SERVICE OF PROCESS

PARENT DATE OF SERVICE

METHOD OF SERVICE IF PARENT HAS NOT BEEN SERVED, DESCRIBE THE EFFORTS MADE TO SERVE THE PARENT.

Kathy Price 1/3/2020 Served by Constable Jason Harris 1/5/2020 Served by Constable Ernie Price 1/3/2020 Served by Constable Unknown Father of Rose Price

Cited by publication

Ms. Price and other family members have not identified the father of Rose Price. Caseworker has requested names of potential fathers and birth certificate records.

IV. DUE DILIGENCE TO LOCATE ALL PARTIES ENTITLED TO CITATION

A. Parental Cooperation

Ms. Price continues to state that she is unaware of who the father of Rose Price is, and has notprovided names of potential fathers. Caseworker has requested names of potential fathers onJanuary 1, 2020 and April 15, 2020, and Ms. Price did not provide names.

B. The Department's Efforts to Locate Missing Parents

Caseworker has examined a birth certificate received from the Health and Human ServicesCommission, and a response from the Paternity Registry regarding identification of any potentialfather of Rose Price. No potential fathers are listed on the birth certificate or registered with thePaternity Registry.

C. Notification of Relatives

Caseworker continues to have contact with the placement caregiver of Ben Harris and maternalaunt of the children, Carol Hill. Caseworker is also in contact with the paternal grandmother ofRobert Price, Anita Dashee, who lives in the same home that Robert Price is placed in, with hisfather Ernie Price. Caseworker has notified Carol Hill and Anita Dashee, consistent with theCaregiver Resources Form completed by Kathy Price. Caseworker sent a Notification of RemovalLetter to Carol Hill and Anita Dashee on January 20, 2020. The unknown father of Rose Price hasnot been identified, located, or sent a Notification of Removal Letter.


V. CURRENT LEGAL STATUS

The Department was appointed Temporary Managing Conservator of Ben Harris, Robert Price, and Rose Price on January 1, 2020.

The Department recommends that:

This suit be dismissed at this time.

The Department recommends that this suit be continued and that a dismissal date of be set for this suit.

The Department recommends that this suit be continued and that the dismissal date of January 4, 2021 already set for this suit remain in effect, as it is consistent with the recommended permanency plan.

The Department recommends that this suit be continued and that the dismissal date of set for this suit be reset to , due to extraordinary circumstances that make it necessary, and in the child's best interest, for the child to remain in the Department's conservatorship. The extraordinary circumstances includes: . This suit in this case select option been previously granted a date of dismissal extension.

VI. HISTORY OF FAMILY INVOLVMENT WITH CHILD WELFARE:

A. Current Texas Department of Family and Protective Services Involvement:

DATE ALLEGATION VICTIM CHILD DESIGNATED PERPETRATOR

DISPOSITION

1/1/20 Neglectful Supervision Ben Harris Kathy Price Reason to Believe

1/1/20 Neglectful Supervision Robert Price Kathy Price Reason to Believe

1/1/20 Neglectful Supervision Rose Price Kathy Price Reason to Believe

1/1/20 Medical Neglect Ben Harris Kathy Price Reason to Believe

1/1/20 Physical Abuse Rose Price Kathy Price Unable to Determine

B. History of Involvement with DFPS and Other Child Welfare Agencies

DATE ALLEGATION VICTIM CHILD

DESIGNATED PERPETRATOR

DISPOSITION AGENCY/STATE

3/1/17 Neglectful Supervision

Ben Harris Kathy Price Reason to Believe DFPS/Texas


Robert Price Kathy Price Reason to Believe DFPS/Texas



Ben Harris Kathy Price Ruled Out DFPS/Texas


Robert Price Kathy Price Ruled Out DFPS/Texas


Ben Harris Kathy Price Reason to Believe DFPS/Texas


Ben Harris Kathy Price Unable to Determine

DFPS/Texas

6/1/09 Physical Abuse


VII. SUMMARY OF CASE SINCE LAST COURT REVIEW

A. Well-Being of the Child



Ben Harris Male 10/31/08 White and Black or African American

1. Description of Child

Ben Harris is an intelligent and thoughtful child. He continues to do well in hiscurrent relative placement with Carol Hill (maternal aunt). His academicperformance continues to improve, and his progress continues to get closer to grade-level. Currently, Ben’s math scores are at grade-level, while his reading andcomprehension are two grade-levels behind.

Ben is a caring young man, and expresses concern for his mother, brother, and sisterin each communication with this caseworker. He continues to work on angermanagement control with his therapist and receives medication. Ms. Hill describeshis behaviors as improving, but still resulting in outbursts and displays of occasionalviolence towards property. Ms. Hill reports that behaviors worsen on the day before,of, and after visits with Ben’s mother, Kathy Price. Ms. Hill reports that missedvisits with Ms. Price tend to result in particularly worse behaviors.

2. Medical, Dental and Psychological Information

a) Medical

i. Date of last physical: 1/30/2020

ii. Child's Weight (in lbs.): 125


iii. Height: 5’4”

iv. Date of last vision exam: 1/30/2020

v. Current Medical concerns/recommendations:

Ben continues to take medication for behavior management. Ben also usesan inhaler as needed for asthma.

b) Dental

i. Date of last dental: 2/15/2020

ii. Current Dental concerns/recommendations: No concerns.

c) Psychological

i. Therapy

Therapist: Tim Terry

Therapy Type: Individual

Dates/Frequency: Weekly beginning in March




2/20/20 Dr. Pete Psychiatrist ADHD;

Major Depression


d) Medication


SYMPTOM BEING

TREATED

LAST MED REVIEW


Concerta

Prozac

72 mg/day 40 mg/day

ADHD

Major Depression







e) Ben is working more effectively in his psychotherapy. Ben reports better success at school. Prozac will be re-evaluated and is likely to be tapered and discontinued following Ben’s next appointment if he continues to improve.

3. Placement

DATE OF PLACEMENT

SERVICE LEVEL

TYPE OF PLACEMENT

REASON MOVED

1/10/20 Basic Relative Mother agreed to placement from shelter to maternal aunt.

1/1/20 Basic Shelter Removal from home.

4. Education

ENROLLMENT DATE

NAME OF SCHOOL GRADE LEVEL

SCHOOL PERFORMANCE

1/3/20 Great City Middle School 6 At grade-level in Math; Deficient in Reading and Comprehension.

a) Significant Discipline Action

Ben has received In-School-Suspension twice since January 3, 2020, once for disrespect towards a teacher and once for punching a desk.

b) Supportive Educational Services and Special Education

Ben Harris receives weekly after-school tutoring in reading and comprehension. He receives additional reading time for assignments in-school as needed.

c) Other identified school issues

Ben’s school reports previous attendance issues in Fall 2019, which are not reportedly a current issue.

5. Permanency Plan


The Primary Permanency Goal is Family Reunification. The Department continues to offer services and visitation to Ben Harris and Kathy Price in efforts to reunify the family.

The Concurrent Permanency Goal is PMC to a Relative. Ms. Hill has expressed her willingness to take conservatorship of Ben, if Kathy Price is unable to be reunified with Ben. Ms. Hill reports that she can only accommodate care for Ben, and is unable to be considered as a placement for Robert or Rose.

6. Transitional Living Services

Not Applicable.

7. Juvenile Justice Delinquency Activities

Not Applicable.





Robert is a happy and shy 9 year old boy. He continues to do well in the home ofhis father, Ernie Price and paternal grandmother, Anita Dashee. Robert enjoysplaying with his younger half-brother who also lives in the home and is not a partof this suit.

Robert’s academic performance is at grade level, and he recently received a 3rd

place prize in the science fair. He enjoys school and says that his favorite things todo at home are skateboard and read.

Robert reports that he misses his brother and sister and is glad when he sees hismother, Kathy Price, at visits.


a) Medical







None.

b) Dental


ii. Current Dental concerns/recommendations:

Robert had 8 cavities filled at his dental appointment and was educatedabout the importance of improving his dental hygiene. The Department has discussed this issue with Mr. Ernie Price, who is reportedly monitoring better dental habits at home.

c) Psychological

i. Therapy



Dates/Frequency: Therapy was changed to a biweekly status at therequest of Ernie Price and upon the agreed recommendation of Tim Terry.






d) Medication


SYMPTOM BEING

TREATED

LAST MED REVIEW


None


3. Placement

DATE OF PLACEMENT

SERVICE LEVEL

TYPE OF PLACEMENT

REASON MOVED

1/10/20 Basic Noncustodial Parent

Mother and Father agreed to placement with Father, Ernie Price.


4. Education

ENROLLMENT DATE


SCHOOL PERFORMANCE

1/3/20 Great City Elementary School 3 At grade-level.


None.


None.


None.

5. Permanency Plan

The Primary Permanency Goal is Family Reunification. The Department continues tooffer services and visitation to Robert Price and Kathy Price in efforts to reunify thefamily.

The Concurrent Permanency Goal is PMC to Ernie Price. Mr. Price reports that he will accept permanent conservatorship of Robert if Ms. Price is unable to have him return to her care. Mr. Price reports that he is not able to offer a placement for Ben Harris or Rose Price.


Not Applicable.


Not Applicable.




Rose Price Female 3/28/19 White and Black or African American


Rose Price is a happy one year old girl. She is doing well in her current foster homeplacement. Rose can crawl and stand, waves “hi” and “bye,” and enjoys playing“peek-a-boo” with her foster parents. She is slightly developmentally behind, buther pediatrician reports this is not significant enough to be a strong concern.

Rose’s diaper rash has finally resolved after ongoing treatment by her foster parentsand pediatrician.

Rose eats a growing list of table foods and, while small for her age, is beginning togrow out of 9-month old clothing and into 1-year old clothing. Rose appears to bebonding with her foster parents.


a) Medical



iii. Height: 27.5”



Continue diaper rash ointment as needed.

b) Dental

i. Date of last dental: Not Applicable.


No concerns.

c) Psychological

i. Therapy

Therapist: Not Applicable.

Therapy Type:

Dates/Frequency:





Not Applicable.

d) Medication


SYMPTOM BEING

TREATED

LAST MED REVIEW



As Needed

Diaper Rash Rash 2/20/20 Great City Medicaid Clinic

3. Placement

DATE OF PLACEMENT

SERVICE LEVEL

TYPE OF PLACEMENT

REASON MOVED

1/1/20 Basic Substitute Care Foster Home

Removed from home.

4. Education

ENROLLMENT DATE


SCHOOL PERFORMANCE

Not Applicable.


Not Applicable.


Not Applicable.

c) Other identified school issues: Not Applicable.


5. Permanency Plan

The Primary Permanency Goal is Family Reunification. The Department continues tooffer services and visitation to Rose Price and Kathy Price in efforts to reunify thefamily.

The Concurrent Permanency Goal is Unrelated Adoption. Rose is placed in a legalrisk placement home, and her foster caregivers have expressed a willingness to adopt,should she become eligible.


Not Applicable.


Not Applicable.

B. Parental Progress

Kathy Price continues to make considerable progress with some of her services. She hascompleted a drug and alcohol assessment, and participates in treatment. However, she has alsotested positive for marijuana use in two drug screenings (ExperTox Analytical Laboratory testresults show Ms. Price testing positive for marijuana in her hair specimens on March 1, 2020and May 2, 2020), and admits to “occasional” use of alcohol. She has completed apsychological evaluation and participates in weekly therapy. She attends approximately 75%of her scheduled visits, but often fails to provide notice or attempt to reschedule when she doesnot attend. While her reasons for skipping visits are suspect, when she does attend visits, sheis appropriate with the children and clearly they are bonded. Ms. Price has also not obtainedemployment. She reports that she is interested in the children returning home, but that she willno longer have her apartment after August and does not have housing lined up after. Ms. Pricealso reports that she is considering agreeing to permanent placement of Robert with Ernie Price(per request of Ernie Price), as he seems to be doing so well there.

The Department continues to be concerned about Ms. Price’s stability and sobriety that wouldbe needed to sustain an appropriate home for the children to return to.


VIII. RECOMMENDATIONS:

The Department requests that Ms. Price be required to confirm her attendance at visitation 24 hours in advance and that if Ms. Price fails to do so, that the Department have the authority to cancel the scheduled visit.

The Department requests for mediation to be authorized in this case.


1. The Texas Department of Family and Protective Services continue as Temporary ManagingConservatorship of the subject children;

2. That current placement be continued and approved;

3. That a Permanency Review hearing be held in four months.

4. That the recommendations listed above be made the order of the court.

5. That the Family Plan of Service be made an order of the court.


_____________________________ Ms. Conservatorship Caseworker Child Protective Services Specialist Date: June 12, 2020

Approved by:

________________________________________________________________ Ms. CVS Caseworker Supervisor Child Protective Services Supervisor Date: June 12, 2020



CAUSE NO. D-1-FM-12-000123




INITIAL PERMANENCY HEARING ORDER BEFORE FINAL ORDER

On June 23, 2020, a Permanency Hearing Before Final Order was held pursuant to Subchapter D, Chapter 263, Texas Family Code, for review of the conservatorship appointment and the placement of the children.

Appearances

1.1. The Department of Family and Protective Services (“the Department”) appeared through Ms. Conservatorship Caseworker, caseworker, and by attorney, Ms. DFPS Attorney, and announced ready.

1.2. Respondent Mother, KATHY PRICE appeared in person and announced ready. appeared through attorney of record _____________________________ and

announced ready. appeared in person and through attorney of record Ms. Kathy Price’s

Attorney and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default. was not notified, and did not appear.

1.3. Respondent Presumed Father, JASON HARRIS, father of BEN HARRIS appeared in person and announced ready. appeared through attorney of record, Mr. Jason Harris’ Attorney, and




1.4. Respondent Presumed Father, ERNIE PRICE, father of ROBERT PRICE appeared in person and announced ready. appeared through attorney of record, ______________and announced ready. appeared in person and through attorney of record Mr. Ernie Price’s

Attorney, and announced ready. waived issuance and service of citation by waiver duly filed. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear and wholly made default. was not notified, and did not appear.

1.5. Respondent UNKNOWN FATHER, father of ROSE PRICE appeared in person and announced ready. appeared through attorney of record Mr. Unknown Father’s Attorney and



1.6. Ms. Attorney ad Litem, appointed by the Court as Attorney Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.7. Mr. CASA, appointed by the Court as Guardian Ad Litem of the children the subject of this suit, appeared and announced ready. agreed to the terms of this order as evidenced by signature below. although duly and properly notified, did not appear.

1.8. Also Appearing: Carol Hill, Maternal Aunt of the children; Anita Dashee, paternal grandmother of Robert Price.

Findings

The Court, having reviewed the pleadings and considered all evidence and information required by law, including all service plans and Permanency Progress Reports filed by the Department, finds that all necessary prerequisites of the law have been satisfied, that this Court has jurisdiction over this cause, and that the following orders are in the best interest of the children the subject of this suit.

The Court has reviewed services plans, permanency reports and other information submitted to the Court to determine the safety and well-being of the children, the continuing necessity and appropriateness of the placement of each child; whether each child's educational needs and goals have been identified and addressed; the


extent of compliance with the case plan; the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the children may be returned to and safely maintained in the home or placed for adoption or in a permanent managing conservatorship, as applicable. The Court finds that the Department has made reasonable efforts, as identified in its service plans and/or Permanency Progress Reports, to finalize the permanency plan that is in effect for each child.

The Court finds that all persons entitled to notice under § 263.0021, Texas Family Code, have been notified, except as specifically set out below.

The Court has evaluated the Department’s efforts to identify relatives who could provide the children with a safe environment if the children are not returned to a parent or another person or entity entitled to service under Chapter 102, Texas Family Code and to obtain the assistance of each parent to provide information necessary to locate an absent parent, alleged father, or relative of the child. The Court has further reviewed the efforts of the parent, alleged father or relative before the Court in providing information necessary to locate another absent parent, alleged father or relative of the children pursuant to §263.306 (a-1)(2)(B), Texas Family Code.

The Court has evaluated the Parties' compliance with temporary orders and the service plan, and the extent to which progress has been made toward alleviating or mitigating the cause necessitating the placement of the children in foster care, and finds that:

KATHY PRICE has not demonstrated adequate and appropriate compliance with the service plan.

JASON HARRIS has not demonstrated adequate and appropriate compliance with the service plan.

ERNIE PRICE has demonstrated adequate and appropriate compliance with the service plan.

UNKNOWN FATHER has not demonstrated adequate and appropriate compliance with the service plan.

The Court finds that no further plans, services or temporary orders other than as specified herein are necessary to ensure that a final order is rendered before the dismissal date of this suit.

The Court has reviewed the summary of the medical care provided to the foster children under § 266.007, Texas Family Code.

The Court has inquired whether the children or the children's family has Native American heritage and identified any Native American tribe with which the children may be associated.


Placement and Services: BEN HARRIS

The Court finds that BEN HARRIS is placed with a relative or other designated caregiver.

The Court finds that neither the child’s parents nor any other person or entity entitled to service under Chapter 102, Texas Family Code is willing and able to provide the child BEN HARRIS with a safe environment, and therefore return of the child to a parent or other person or entity is not in the child’s best interest.

The Court finds that the child continues to need substitute care and the child’s current placement is appropriate for the child’s needs.

The Court finds that BEN HARRIS has been provided the opportunity, in a developmentally appropriate manner to express the child's opinion on the medical care provided.

The Court finds that BEN HARRIS is receiving psychotropic medication and has been provided appropriate psychosocial therapies, behavior strategies, and other non-pharmacological interventions and has been seen by the prescribing physician, physician's assistant, or advanced practices nurse at least once every ninety days as required by § 266.011, Texas Family Code.

The Court has reviewed the visitation plan or any amended visitation plans filed by the Department, pursuant to § 263.306, Texas Family Code.

The Court has reviewed the Department's efforts to ensure that BEN HARRIS has the opportunity to engage in age appropriate normalcy activities, including activities not listed in BEN HARRIS' service plan.

The Court finds that the Department has identified an education decision-maker for BEN HARRIS, as required by § 263.004, Texas Family Code, and BEN HARRIS' education needs and goals have been identified and addressed.

The Court finds that BEN HARRIS is attending 6th grade and has determined whether there have been major changes in the child's school performance and whether there have been serious disciplinary events.

The Court has reviewed the appropriateness of the primary and alternate permanency goal for the child and finds that BEN HARRIS' permanency goal is a return to the home of the custodial parent or suitable relative placement.

The Court finds that BEN HARRIS is placed with Carol Hill, maternal aunt, who is willing and able to provide the child BEN HARRIS with a safe environment and that continued placement of the child with Carol Hill is in the child’s best interest.

The Court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for BEN HARRIS. The Court accepts the recommendation of the health care professional for the following reasons: the Court


finds that the decisions about the health care of the subject child is in his best interest.

The Court finds that no other plans or services are needed to meet the child’s special needs or circumstances.

Placement and Services: ROBERT PRICE

The Court finds that ROBERT PRICE is placed with a relative or other designated caregiver.

The Court finds that ERNIE PRICE is willing and able to provide the child ROBERT PRICE with a safe environment, and continued placement of the child with ERNIE PRICE is in the child’s best interest.

IT IS THEREFORE ORDERED that the child ROBERT PRICE shall remain in the home of ERNIE PRICE.

The Court finds that ROBERT PRICE has been provided the opportunity, in a developmentally appropriate manner to express the child's opinion on the medical care provided.

The Court finds that ROBERT PRICE is not receiving psychotropic medication.


The Court has reviewed the Department's efforts to ensure that ROBERT PRICE has the opportunity to engage in age appropriate normalcy activities, including activities not listed in ROBERT PRICE's service plan.

The Court finds that the Department has identified an education decision-maker for ROBERT PRICE, as required by § 263.004, Texas Family Code, and ROBERT PRICE's education needs and goals have been identified and addressed.

The Court finds that ROBERT PRICE is attending 3rd grade and has determined whether there have been major changes in the child's school performance and whether there have been serious disciplinary events.

The Court has reviewed the appropriateness of the primary and alternate permanency goal for the child and finds that ROBERT PRICE's permanency goal is a return to the home of the non-custodial parent. The Court finds that Ernie Price is willing and able to provide the child Robert Price with a safe environment and continued placement of the child with Ernie Price is in the child’s best interest.

The Court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for ROBERT PRICE. The Court accepts the recommendation of the health care professional for the following reasons: the Court


finds that the decisions about the health care of the subject child is in his best interest.


Placement and Services: ROSE PRICE

The Court finds that ROSE PRICE is not placed with a relative or other designated caregiver.

The Court finds that neither the child’s parents nor any other person or entity entitled to service under Chapter 102, Texas Family Code is willing and able to provide the child ROSE PRICE with a safe environment, and therefore return of the child to a parent or other person or entity is not in the child’s best interest.

The Court finds that the child continues to need substitute care and the child’s current placement is appropriate for the child’s needs.

The Court finds that ROSE PRICE has been provided the opportunity, in a developmentally appropriate manner to express the child's opinion on the medical care provided.

The Court finds that ROSE PRICE is not receiving psychotropic medication.


The Court has reviewed the Department's efforts to ensure that ROSE PRICE has the opportunity to engage in age appropriate normalcy activities, including activities not listed in ROSE PRICE'S service plan.

The Court finds that the Department has identified an education decision-maker for ROSE PRICE, as required by § 263.004, Texas Family Code, and that ROSE PRICE's education needs and goals have been identified and addressed.

The Court finds that ROSE PRICE is too young to attend school.

The Court has reviewed the appropriateness of the primary and alternate permanency goal for the child and finds that ROSE PRICE's permanency goal is a return to the home of the custodial parent. The Court finds that neither the child’s parents nor any other person or entity entitled to service under Chapter 102, Texas Family Code is willing and able to provide the child Rose Price with a safe environment, and therefore return of the child at this time to a parent or other person or entity is not in the child’s best interest.

The Court finds that ROSE PRICE is placed in a foster home. The Court finds that the child continues to need substitute care and the child’s current placement is appropriate for the child’s needs.


The Court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for ROSE PRICE. The Court accepts the recommendation of the health care professional for the following reasons: the Court finds that the decisions about the health care of the subject child is in her best interest.


Visitation Plan: KATHY PRICE

The Court finds that visitation between BEN HARRIS, ROBERT PRICE AND ROSE PRICE and KATHY PRICE must be supervised to protect the health and safety of BEN HARRIS, ROBERT PRICE AND ROSE PRICE. The Court further finds that KATHY PRICE must take the following specific steps to have level of supervision reduced:

IT IS ORDERED that KATHY PRICE must confirm all visits with the subject children 24 hours in advance with the Caseworker. If confirmation is not received, the visit may be cancelled.

Visitation Plan: BEN HARRIS

The Court finds that visitation between JASON HARRIS and BEN HARRIS must be supervised to protect the health and safety of BEN HARRIS. The Court further finds that BEN HARRIS must take the following specific steps to have level of supervision reduced:

IT IS ORDERED that JASON HARRIS must confirm all visits with BEN HARRIS 24 hours in advance with the Maternal Aunt, Carol Hill. If confirmation is not received, the visit may be cancelled by Ms. Hill.

Visitation Plan: ERNIE PRICE

The Court finds that visitation between ROBERT PRICE and ERNIE PRICE must be supervised to protect the health and safety of ROBERT PRICE. The Court further finds that ERNIE PRICE must take the following specific steps to have level of supervision reduced:

The Court FINDS that ERNIE PRICE no longer needs supervised visits with ROBERT PRICE. ERNIE PRICE may have unrestricted visits with ROBERT PRICE.

Visitation Plan: UNKNOWN FATHER

The Court finds that visitation between ROSE PRICE and UNKNOWN FATHER must be supervised to protect the health and safety of ROSE PRICE. The Court further finds that UNKNOWN FATHER must take the following specific steps to have level of supervision reduced:

Until UNKNOWN FATHER OF ROSE PRICE has contacted the caseworker about his suitability for visitation with the child ROSE PRICE, no visitation will be permitted between UNKNOWN FATHER OF ROSE PRICE and ROSE PRICE.


Orders

IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the plan of service for the parents, filed with the Court on February 27, 2020 and incorporated herein by reference as if the same were copied verbatim in this order, is APPROVED and made an ORDER of the Court.

IT IS ORDERED that all previous orders issued by this Court shall continue in full force and effect subject to the following modifications:

Mediation in this case is authorized.

Unless otherwise directed by this Court prior to the hearing, the following children shall not be required to attend the Merits Hearing:

BEN HARRIS

ROBERT PRICE

ROSE PRICE


Dismissal Date and Hearing Dates

Pursuant to § 263.306(a-1)(7), Texas Family Code, the Court determines that the date for dismissal of this cause shall be January 4, 2021.

Pursuant to § 263.306(a-1)(7), Texas Family Code, the Court determines that the next permanency hearing is set on October 19, 2020, at 9:00 o'clock a.m. in the 499th Judicial District Court of San Gabriel County in Great City, Texas.

Pursuant to § 263.306(a-1)(7), Texas Family Code, the Court determines that this suit shall be and is hereby set for trial on the Merits December 28, 2020 at 9:00 o'clock a.m. in the 499th Judicial District Court of San Gabriel County in Great City, Texas.

SIGNED this 23 day of June, 2020.

JUDGE PRESIDING APPROVED AS TO FORM:

Ms. DFPS Attorney Attorney for Petitioner, Department of Family and Protective Services 500 Main Street Great City, Texas 75000


email: [email protected] phone: (987) 987-6543 fax: (987)987-6542 State Bar # ____________

Kathy Price Respondent Mother Kathy Price’s Attorney

Jason Harris Presumed Father of the Child Ben Harris Jason Harris’ Attorney

Ernie Price Presumed Father of the Child Robert Price Ernie Price’s Attorney

____________________________________ Unknown Father Unknown Father of Rose Price’s Attorney, Attorney for Unknown Father of Rose Price

_____________________________________ Attorney ad Litem for the Children Ms. Attorney Ad Litem

_____________________________________ Guardian ad Litem for the children Mr. CASA


Mediation

Soon after the Initial Permanency Hearing Before Final Order, Mediation is scheduled in the Harris-Price case. On the date of the mediation, Kathy Price agrees for her sister, Carol Hill, to obtain Permanent Managing Conservatorship of Ben Harris and for Ernie Price to obtain Permanent Managing Conservatorship of Robert Price.

However, Kathy Price remains adamant that Rose Price should be returned to her care. The Department is unable to agree to Rose Price returning home to Kathy Price, particularly due to Kathy’s ongoing marijuana use, alcohol use, lack of stable housing, and Rose Price’s vulnerability due to her young age. Two days after mediation, Kathy Price identifies Ryan Smith as the father of Rose Price.

Ryan Smith, incarcerated four months earlier and expected to serve up to nine years in prison, is contacted by the Department, and admits that he is the father of Rose Price. He reports that he is willing to work services while incarcerated, and that his mother, Anne Smith, is willing to serve as a placement for Rose Price until he is able to assume care upon release from prison. CASA is investigating this possible placement with the paternal grandmother. Kathy Price opposes placement of Rose with Anne Smith, and requests that Rose Price be returned to her care.


CAUSE NO. D-1-FM-12-000123

IN THE INTEREST OF: § IN THE DISTRICT§ COURT OF

BEN HARRIS, § SAN GABRIEL COUNTYROBERT PRICE, § TEXASROSE PRICE, § 499TH JUDICIALCHILDREN § DISTRICT

RESPONDENT FATHER, RYAN SMITH’S ANSWER AND GENERAL DENIAL


A. Original Answer

A.1 Denial of Allegations

RYAN SMITH, Respondent Father, enters a general denial pursuant Texas Rules of Civil Procedure

92.

A.2 Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Respondent RYAN SMITH to be represented by a licensed attorney qualified,

pursuant to the local rules of San Gabriel County, to represent parents in cases filed by the Texas Department

of Family and Protective Services.

Respondent Father, RYAN SMITH, is requesting that San Gabriel County, pursuant to Texas Family

Code Section 107.013 pay all reasonable attorney fees and allowed expenses and costs through trial incurred

by the attorney appointed to represent the Respondent Father RYAN SMITH out of the funds designated to do

so.


A.3 Prayer

Respondent prays that all relief prayed for by Petitioner, the Texas Department of Family and

Protective Services be denied and the Respondent Father, RYAN SMITH, be granted all appropriate relief

requested.

Respondent prays for attorney’s fees, expenses, and costs.

Respondent prays for general relief.


Ryan Smith’s Attorney State Bar No. 00678910 Law Office of Ryan Smith’s Attorney 555 Main Street Great City, Texas 75000 [email protected] P: (987) 555-4555 F: (987) 444-5666 Attorney for Respondent Father, RYAN SMITH



of record or party indicated below in accordance with the Texas Rules of Civil Procedure on September 1,

2020.

Department’s Attorney, Ms.DFPS Attorney, [email protected]

Kathy Price, Kathy Price’s Attorney, [email protected]

Jason Harris, Father Jason Harris’ Attorney, [email protected]






Father of Robert Price’s Attorney Attorney for Respondent Father, Ernie Price [email protected]

Children’s Attorney, Attorney ad Litem, [email protected] CASA, Mr. CASA, [email protected]





Second Permanency Hearing Before Final Order

This Second Permanency Hearing Before Final Order documents a shift in the case. The Department has held a Permanency Conference and has subsequently changed the Permanency Plan in accordance with its policies to placement of Ben Harris with his Maternal Aunt, Carol Hill, and placement of Robert Price with his Father, Ernie Price. However, the Department is moving forward to pursue termination of Kathy Price’s parental rights as to the youngest child, Rose Price. Meanwhile, Rose’s foster parents have come forward as potential adoptive parents for Rose.

Please see TFC Section 263.305 for statutory provisions regarding subsequent permanency hearings following the initial permanency hearing.

Assume that the Department has amended its pleading after Ryan Smith’s appearance in the case to add Section 161.001 (Q) regarding termination of parental rights of an incarcerated parent. Also, because this Second Permanency Hearing is 120 days after the prior Permanency Hearing, because the parties are only two months away from the one-year case deadline, and because Ms. Price needs a new attorney, please assume that the judge in this case finds extraordinary circumstances and grants an extension. The new deadline is July 3, 2021, and trial is set for February 3, 2021.

Please also assume that a Third Permanency Review Hearing Before Final Order is held in January 2021, that Rose’s status is mostly unchanged, and that the parties are preparing for trial.



CAUSE NO. D-1-FM-12-000123




SECOND PERMANENCY REPORT TO THE COURT - TEMPORARY MANAGING CONSERVATORSHIP

The Texas Department of Family and Protective Services ("the Department") represented by Ms. Conservatorship Caseworker presents this report regarding the permanency plan and the progress that has been made toward ensuring that a final order consistent with this plan is rendered for the children who are the subject of this suit. The court hearing is scheduled for October 19, 2020 at 9:00 a.m.

I. SUBJECT CHILDREN

Name:

Ben Harris

Sex:

Male

Age:

11

Date of Birth:

10/31/2008

Place of Birth:

Great City, Texas USA

Name of Current School:

Great City Middle School

Initial Placement Date:

1/1/2020

Current Placement Type:

Relative Placement

Date of Current Placement:

1/10/20

County of Current Placement

San Gabriel County

Indian Child Status:

No parent/ relative interviewed yet about possible Indian child status.

Child's possible Indian child status reported by name each parent, relative, other, and is yet to be determined.

Child's Indian child status denied by Kathy Price and Carol Hill. Indian child status confirmed by Name Tribe.


Name:

Robert Price

Sex:

Male

Age:

9

Date of Birth:

5/10/2011

Place of Birth:



Great City Elementary


1/1/2020


Noncustodial Parent


1/10/20


San Gabriel County




Child's Indian child status denied by Kathy Price, Ernie Price, and Carol Hill. Indian child status confirmed by Name Tribe.

Name:

Rose Price

Sex:

Female

Age:

1.6

Date of Birth:

3/28/2019

Place of Birth:



Not Applicable


1/1/2020


Substitute Care- Foster Placement


1/1/2020


San Gabriel County




Child's Indian child status denied by Kathy Price and Carol Hill. American Indian child status confirmed by Name Tribe.


II. PARTIES ENTITLED TO NOTICE OF THE HEARING

Kathy Price

Respondent Mother

123 Broadway

Great City, Texas 75000

Mother’s Attorney

Attorney for Mother

554 Main Street


Children’s Attorney

Attorney Ad Litem for the Children

555 Main Street


Mr. CASA

Guardian Ad Litem for the Children

553 Main Street


Jason Harris

Respondent Father of Ben Harris

Route 4 County Road 28

Merry City, Texas 75010

Father Jason Harris’ Attorney

Mr. Jason Harris’ Attorney

550 Main Street

Great City, Texas

Ernie Price

Respondent Father of Robert Price

1414 Main Street


Father Ernie Price’s Attorney

Attorney for Father, Ernie Price

551 Main Street


Department’s Attorney

Ms. DFPS Attorney

Attorney for the Petitioner

P.O. Box 7777



Ryan Smith

Respondent Father of Rose Price

Great City Penitentiary


Ryan Smith’s Attorney

Attorney for Father, Ryan Smith

555 Main Street


III. SERVICE OF PROCESS

PARENT DATE OF

SERVICE

METHOD OF

SERVICE

IF PARENT HAS NOT BEEN

SERVED, DESCRIBE THE EFFORTS

MADE TO SERVE THE PARENT.

Kathy Price 1/3/2020 Served by Constable

Jason Harris 1/5/2020 Served by Constable

Ernie Price 1/3/2020 Served by Constable

Ryan Smith 9/19/2020 Served by Constable


IV. DUE DILIGENCE TO LOCATE ALL PARTIES ENTITLED TO CITATION

A. Parental CooperationTwo days after mediation, Ms. Price revealed the identity of the father of Rose Price asMr. Ryan Smith. This followed the caseworker’s repeated requests for names of potentialfathers on January 1, 2020 and April 15, 2020, as well as during in-person conversationswith Ms. Price.

B. The Department's Efforts to Locate Missing Parents

Caseworker initiated service of process on Mr. Smith immediately. Mr. Smith waspersonally served on September 19, 2020.

C. Notification of Relatives

Caseworker continues to have contact with the placement caregiver of Ben Harris andmaternal aunt of the children, Carol Hill. Caseworker is also in contact with the paternalgrandmother of Robert Price, Anita Dashee, who lives in the same home that Robert Priceis placed in, with his father Ernie Price. Caseworker has notified Carol Hill and AnitaDashee, consistent with the Caregiver Resources Form completed by Kathy Price.Caseworker sent a Notification of Removal Letter to Carol Hill and Anita Dashee onJanuary 20, 2020. The unknown father of Rose Price has now been identified, located andsent a Notification of Removal Letter.

V. CURRENT LEGAL STATUS

The Department was appointed Temporary Managing Conservator of Ben Harris, Robert Price, and Rose Price on January 1, 2020.

The Department recommends that:

This suit be dismissed at this time.

The Department recommends that this suit be continued and that a dismissal date of be set for this suit.

The Department recommends that this suit be set for final trial on the merits and that the dismissal date of January 4, 2021 already set for this suit remain in effect, as it is consistent with the newly revised, recommended permanency plan.

The Department recommends that this suit be continued and that the dismissal date of January 4, 2021 set for this suit be reset to July 3, 2021, due to extraordinary circumstances that make it necessary, and in the child's best interest, for the child to remain in the Department's conservatorship. The extraordinary circumstances include: Respondent Mother KATHY PRICE requires new counsel at this time. This suit in this case has not been previously granted a date of dismissal extension.


VI. HISTORY OF FAMILY INVOLVMENT WITH CHILD WELFARE:

A. Current Texas Department of Family and Protective Services Involvement:

DATE ALLEGATION VICTIM CHILD DESIGNATED

PERPETRATOR

DISPOSITION

1/1/20 Neglectful Supervision Ben Harris Kathy Price Reason to Believe

1/1/20 Neglectful Supervision Robert Price Kathy Price Reason to Believe

1/1/20 Neglectful Supervision Rose Price Kathy Price Reason to Believe

1/1/20 Medical Neglect Ben Harris Kathy Price Reason to Believe

1/1/20 Physical Abuse Rose Price Kathy Price Unable to Determine

B. History of Involvement with DFPS and Other Child Welfare Agencies

DATE ALLEGATION VICTIM

CHILD

DESIGNATED

PERPETRATOR

DISPOSITION AGENCY/STATE


Ben Harris Kathy Price Reason to Believe

DFPS/Texas


Robert Price Kathy Price Reason to Believe

DFPS/Texas




Robert Price Kathy Price Ruled Out DFPS/Texas


Ben Harris Kathy Price Reason to Believe

DFPS/Texas


Ben Harris Kathy Price Unable to Determine

DFPS/Texas

6/1/09 Physical Abuse



VII. SUMMARY OF CASE SINCE LAST COURT REVIEW

A. Well-Being of the Child

CHILD SEX DATE OF

BIRTH RACE/ETHNICITY AS IDENTIFIED BY

PARENT AND/OR CHILD

Ben Harris Male 10/31/08 White and Black or African American

1. Description of Child Ben Harris is an intelligent and thoughtful child. He continues to do well in his current relative placement with Carol Hill (maternal aunt). Ms. Hill describes Ben as “more settled” and accepting of his situation. His academic performance continues to improve, and his progress continues to get closer to grade-level. Currently, Ben’s math scores are at grade-level, while his reading and comprehension are two grade-levels behind. Ms. Hill has arranged for a tutor for Ben and he stays regularly after school to work on his language arts assignments.

Ben is a caring young man, and expresses concern for his mother, brother, and sister in each communication with this caseworker. He continues to work on anger management control with his therapist and receives medication. Ms. Hill describes his behaviors as improving, but still resulting in outbursts and displays of occasional violence towards property. Ms. Hill reports that behaviors worsen on the day before, of, and after visits with Ben’s mother, Kathy Price. Ms. Hill reports that missed visits with Ms. Price tend to result in particularly worse behaviors.


a) Medical






Ben continues to take medication for behavior management but these are decreasing in amount and frequency. Ben also uses an inhaler as needed for asthma.


b) Dental



c) Psychological

i. Therapy



Dates/Frequency: Weekly beginning in March


DATE EVALUATOR

INFORMATION


2/20/20 Dr. Pete Psychiatrist ADHD;

Major Depression


d) Medication

MEDICATION DOSAGE CONDITION

/DIAGNOSIS

SYMPTOM

BEING

TREATED

LAST MED

REVIEW

PRESCRIBING

PHYSICIAN

Concerta

Prozac

72 mg/day 40 mg/day

ADHD

Major Depression






e) Ben is working more effectively in his psychotherapy.


Ben reports better success at school. Prozac will continue to be re-evaluated and has been tapered. The doctor anticipates that this will be discontinued at Ben’s next appointment if he continues to improve.

3. Placement

DATE OF

PLACEMENT

SERVICE

LEVEL

TYPE OF

PLACEMENT

REASON MOVED

1/10/20 Basic Relative Mother agreed to placement from shelter to maternal aunt.


4. Education

ENROLLMENT

DATE

NAME OF SCHOOL GRADE

LEVEL

SCHOOL PERFORMANCE

1/3/20 Great City Middle School 7 At grade-level in Math; Deficient in Reading and Comprehension.


Ben has received In-School-Suspension twice since January 3, 2020, oncefor disrespect towards a teacher and once for punching a desk. Since thelast Permanency Hearing, the caseworker, Ms. Hill, and Ben have workedwith the school to establish a personal behavioral intervention plan toavoid any more out of classroom placements due to disciplinary actions.


Ben Harris receives weekly after-school tutoring in reading andcomprehension. According to his teacher, these hours will need to beincreased if Ben is to continue to improve in these areas. He receivesadditional reading time for assignments in-school as needed. Ms. Hill isworking closely with the school to make sure Ben is receiving theeducational supports he needs.



Ben’s school reports previous attendance issues in Fall 2019, which arenot reportedly a current issue.

5. Permanency Plan

The Primary Permanency Goal has changed from Family Reunification toPermanent Managing Conservatorship to a Relative (Kathy Price’s sister, CarolHill). The Department will continue to offer services to Ben Harris and supportvisitation between Ben Harris and Kathy Price until such time as a final orderis entered regarding the permanent managing conservatorship of Ben Harris.

Ms. Hill has expressed her willingness to take conservatorship of Ben if KathyPrice is unable to be reunified with him. Ms. Hill reports that she can onlyaccommodate care for Ben and is unable to be considered as a placement forRobert or Rose.


Not Applicable.


Not Applicable.

CHILD SEXDATE OF

BIRTH

RACE/ETHNICITY AS IDENTIFIED BY

PARENT AND/OR CHILD



Robert is a happy and shy 9 year old boy. He continues to do well in thehome of his father, Ernie Price and paternal grandmother, Anita Dashee. Heenjoys playing basketball with Mr. Price and attending Ben’s high schoolfootball games with Mr. Price as well.

Robert’s academic performance is at grade level. He enjoys school and saysthat his favorite things to do at home are skateboard, play basketball withMr. Price, and read.

Robert reports that he misses his brother and sister and is glad when he seeshis mother, Kathy Price, at visits. The Department will continue to supportvisitation between Robert Price and Kathy Price.



a) Medical





v. Current Medical concerns/recommendations: None.

b) Dental



Robert has had no additional cavities since his last dentalappointment and Ernie Price reports that Robert is consistently showing better dental habits at home.

c) Psychological

i. Therapy



Dates/Frequency: Therapy was changed to a biweekly status at therequest of Ernie Price and upon the agreed recommendation of TimTerry.


DATE EVALUATOR

INFORMATION





d) Medication


SYMPTOM

BEING

TREATED

LAST MED

REVIEW

PRESCRIBING

PHYSICIAN

None

3. Placement

DATE OF

PLACEMENT

SERVICE

LEVEL

TYPE OF

PLACEMENT

REASON MOVED

1/10/20 Basic Noncustodial Parent

Mother and Father agreed to placement with Father, Ernie Price.


4. Education

ENROLLMENT

DATE


LEVEL

SCHOOL

PERFORMANCE

1/3/20 Great City Elementary School

4 At grade-level.


None.


None.


None.

5. Permanency Plan

The Primary Permanency Goal has changed from Family Reunification to Permanent Managing Conservatorship to the noncustodial parent, Ernie Price. The Department will continue to offer services to Robert Price. The Department will continue to support visitation between Robert Price and Kathy Price. Robert’s


father, Ernie Price, and Grandmother, Anita Dashee, have agreed to supervise this contact as necessary. The Department will continue to offer services to Robert Price and to Kathy Price until such time as a final order is entered regarding the permanent managing conservatorship of Robert Price.

Mr. Price reports that he will accept permanent conservatorship of Robert if Ms. Price is unable to have him return to her care. Mr. Price reports that he is not able to offer a placement for Ben Harris or Rose Price.


Not Applicable.


Not Applicable.

CHILD SEXDATE OF

BIRTH

RACE/ETHNICITY AS IDENTIFIED BY

PARENT AND/OR CHILD

Rose Price Female 3/28/19 White and Black or African American


Rose Price is a happy one and a half year old girl. She is doing well in hercurrent foster home placement. Rose is walking and is slowly adding wordsto her vocabulary. She is slightly developmentally behind, but herpediatrician reports this is not significant enough to be a strong concern.

Rose’s foster parents report no recurrence of the diaper rash which hadplagued her at the time of removal.

Rose is eating a great variety of table foods and, while small for her age, isbeginning to catch up to the size of her peers. Rose appears to be stronglybonded with her foster parents.


a) Medical



iii. Height: 29”



v. Current Medical concerns/recommendations: None.

b) Dental

i. Date of last dental: Rose has two new teeth. Department willcoordinate with foster parents to schedule Rose’s first dentalappointment.


c) Psychological

i. Therapy

Therapist: Not Applicable.

Therapy Type:

Dates/Frequency:


DATE EVALUATOR

INFORMATION


Not Applicable.

d) Medication


SYMPTOM

BEING

TREATED

LAST MED

REVIEW

PRESCRIBING

PHYSICIAN


As Needed

Diaper Rash No current rash


3. Placement

DATE OF

PLACEMENT

SERVICE

LEVEL

TYPE OF

PLACEMENT

REASON MOVED

1/1/20 Basic Substitute Care Foster Home

Removed from home.


4. Education

ENROLLMENT

DATE


LEVEL

SCHOOL PERFORMANCE

Not Applicable.


Not Applicable.


Not Applicable.


Not Applicable.

5. Permanency Plan

The Primary Permanency Goal has changed from Family Reunification to Termination of Parental Rights. The Department will continue to offer services to Rose Price and support visitation between Rose Price and Kathy Price until such time as a final order is entered regarding the permanent managing conservatorship of Rose Price.

The Concurrent Permanency Goal is Unrelated Adoption. Rose is placed in a legal risk placement home and, for the last several months, her foster caregivers have expressed a strong desire to adopt Rose Price.


Not Applicable.


Not Applicable.

B. Parental Progress

Although Kathy Price has shown that she is capable of participating in services, shehas not made consistent progress with some of her services. Kathy Price is not makingenough improvements to have her children reunified with her:

• She completed a drug and alcohol assessment, and participated in about two-thirds of her treatment plan. However, she tested positive for marijuana use inthree drug screenings (ExperTox Analytical Laboratory test results show Ms.


Price testing positive for marijuana in her hair specimens on March 1, 2020 and May 2, 2020, and for marijuana on August 11, 2020 in a urine sample), and she admits to “occasional” use of alcohol.

• Although Ms. Price completed a psychological evaluation, since the priorPermanency Hearing, Ms. Price has skipped many of her weekly therapysessions. This Caseworker has concerns about Kathy Price’s diagnosis of MajorDepressive Disorder and Polysubstance Dependence, which she seems to beignoring as evidenced by her inconsistent attempts to get help for herself. Wehave had numerous conversations regarding her missed outpatient sessions andmissed therapy sessions and Ms. Price’s response is that she had hadtransportation problems or that she couldn’t attend because she needed to keepher job or had other priorities. The therapist recommendsreunification of the Rose with Ms. Price on a return and monitor basis, withintense in-home support, as long as Ms. Price can find and maintain stablehousing.

• Ms. Price has held her job, but she lost her housing at the end of August and isbouncing back and forth between her co-workers’ and friends’ houses. TheDepartment is concerned that Ms. Price is unable to provide a stable home forRose at this late date.

• Ms. Price attends approximately 75% of her scheduled visits, but sometimesfails to provide notice or attempt to reschedule when she does not attend. Whenshe does attend visits, she has gone from appearing clearly bonded to beingmoderately involved with the children and this caseworker feels that she doesn’tinteract with them as much as she could. She spends a lot of time on her cellphone during visits.

• Ms. Price reports that she is interested in the children returning home, especiallyRose. Ms. Price also reports that she is considering agreeing to permanentplacement of Robert with Ernie Price (per request of Ernie Price), as he seemsto be doing so well there. She has also indicated that if her sister, Carol Hill,would like to raise Ben, that she would consider this arrangement if theDepartment will not recommend Ben returning home to Ms. Price. Finally,Kathy Price has stated that she wants nothing to do with Mr. Ryan Smith, andthat Rose Price’s life would be better off if he remained “out of the picture,”and that he “doesn’t know the baby at all.”

• Ms. Price has attended 80% of her parenting classes but only turned in 20% ofher assignments. Her instructor says that she contributes to the class discussionappropriately but that Ms. Price may not be able to pass the class andsuccessfully receive a certificate of completion due to her missing assignments.

• Ms. Price has completed all of her Domestic Abuse classes. However,according to the class provider, Ms. Price continues to minimize the impact ofthe domestic abuse on her by Jason Harris that was witnessed by young Benand Robert.


The Department has major concerns about Ms. Price’s stability and sobriety, in addition to her lack of stable housing. The Department feels that Ms. Price has done her best but that she has fallen short of what she needed to do since the commencement of this case to show that she can provide a safe and stable home for the children long-term. The Department is also concerned that Ms. Price has stated that she feels that she has done enough to prove herself to be a good parent and that the proof is that she is having successful ongoing visits with her sons, Rose’s brothers.

This caseworker has reviewed the Guardian Ad Litem’s Report to the Court for this Second Permanency Hearing, and would like to point out a difference of opinion to the Court. The CASA believes that the visits between Ms. Price and the children are going fairly well, especially the visits with the boys. This caseworker disagrees, as stated above, based on her observations that Ms. Price spends much of her visitation time checking her cell phone instead of talking with her sons.

The CASA conducted a home assessment on the paternal grandmother, Anne Smith, and has ruled it out as a possible placement for Rose. The Department completed a Home Study on Anne Smith and came to the same conclusion. CASA is discussing the possibility of adoption by the foster parents because Rose Price has spent most of her life with her foster parents. Rose Price and her foster parents are extremely bonded.

Additionally, this Caseworker would make the Court aware that Ryan Smith has an extensive criminal history, including a guilty plea in September 2013 for Assault Family Violence Strangulation (a third degree felony) of another girlfriend, for which his community supervision was revoked due to (among other things) his failure to check in with his probation officer, failure to pay his court related fees, and four positive marijuana tests between November 2013 and February 2014. Additionally, a review of Ms. Price’s Facebook page reveals that she is in the regular company of other parents with active CPS cases, often in a party atmosphere.

Finally, the Court should be made aware of two new developments: Kathy Price’s arrest for Public Intoxication on the night of Mediation, and her new living arrangement with a new boyfriend who has a criminal record for prior domestic violence assaults. Of note is that Ms. Price’s therapist has conveyed continued support of Ms. Price’s reunification with Rose Price but now says that this is contingent on Ms. Price’s ability to secure stable housing without the presence of her new boyfriend.

These factors raise significant concerns about Ms. Price’s ability to maintain a sober lifestyle and a protective home for Rose Price.


VIII. RECOMMENDATIONS:

The Department requests that pending a trial on the merits, that all visits between Ms. Price and the subject children, Ben Harris, Robert Price, and Rose Price continue and that Ms. Price be required to confirm her attendance at visitation 24 hours in advance, and that if Ms. Price fails to do so, that the Department have the authority to cancel the scheduled visit.


1. The Texas Department of Family and Protective Services continue as TemporaryManaging Conservatorship of the subject children;

2. That current placement be continued and approved;

3. That the court approve the change of the Permanency Plan from FamilyReunification to the following:

Permanent Managing Conservatorship of Ben Harris to a Relative, Carol Hill; Placement with Non-Custodial Parent (Ernie Price) for Robert Price; Termination of Parental Rights between Kathy Price and Rose Price; and Termination of Parental Rights between Ryan Smith and Rose Price.

4. That trial on the merits for Ms. Kathy Price as to all three subject children and trial on themerits between Ryan Smith and the subject child Rose Price be set without delay; and

5. That the Family Plan of Service be made an order of the court.


_____________________________ Ms. Conservatorship Caseworker Child Protective Services Specialist Date: October 17, 2020


Approved by:

______________________________ Ms. CVS Caseworker Supervisor Child Protective Services Supervisor Date: October 17, 2020


Jury Matters

In Texas, under Section 105.002, parents have the right to a jury trial in termination of parental rights proceedings, as well as the right to submit to jury issues of conservatorship and where the child will live.

Be aware that to make a successful jury demand, specific statutory timelines must be followed, and you must be familiar with your Local Rules regarding jury matters as well.

When drafting a Jury Charge, refer to the Pattern Jury Charge and to your local rules. Each jurisdiction will have information in its local rules about the form of the jury charge and when it is due to be filed with the court.

Many attorneys find it helpful to draft their proposed Jury Charge before the termination trial has begun, as it can help shape the questions which that attorney can ask on voir dire. A party’s jury charge can also drive the opening statement and tie the termination grounds to the evidence and to the exhibits.

Please note that different jurisdictions have different standards for their jury charges, and it is critical to research these early in your case if you foresee that a final trial may be imminent.


CAUSE NO. D-1-FM-12-000123


JURY DEMAND TO THE HONORABLE JUDGE OF SAID COURT, NOW COMES, Respondent Mother, Kathy Price, and in support of this Jury Demand, would

respectfully show the Court as follows:

1. Respondent Mother, by and through her Attorney, respectfully requests and demands a jury

trial on all issues she is entitled to regarding this case according to the Texas Family Code

including Termination of Parental Rights and Legal Custody.

2. Respondent Mother has already been found indigent regarding this case and therefore requests

the Court waive any necessity for a jury fee.


Mother’s Attorney State Bar No. 12345678 Law Office of Mother’s Attorney 554 Main Street Great City, Texas 75000 [email protected] P: (987) 555-4444 F: (987) 444-5555 Attorney for Respondent





of record or party indicated below in accordance with the Texas Rules of Civil Procedure on

October 24, 2020.

Department’s Attorney, Ms. DFPS Attorney Attorney for The Department of Family and Protective Services [email protected]

Attorney Ad Litem for the Children, Ms. Attorney ad Litem [email protected]


Father of Robert Price’s Attorney Attorney for Father of Robert Price ERNIE PRICE [email protected]

Father of Ben Harris’ Attorney Attorney for Father of Ben Harris, JASON HARRIS [email protected]

Courtesy Copy provided to Guardian ad Litem, Mr. CASA [email protected]








Third Permanency Hearing Before Final Order

Following the Second Permanency Hearing Before Final Order, the Department proceeds to finalize the Agreed Order of Conservatorship on Ben Harris and Robert Price and the case is closed as to the two older children. Kathy Price is appointed Possessory Conservator of both boys based on their best interest, and they all enjoy interacting every so often at Carol Hill’s and/or Anita Dashee’s home.

In contrast, the Department is moving forward to pursue termination of Kathy Price’s parental rights as to the youngest child, Rose Price. The state points to Kathy’s inability to provide adequate, stable housing; maintain employment; maintain sobriety; or attend visits with Rose consistently. At the hearing, the caseworker states that her specific concerns are Kathy Price’s arrest for Public Intoxication on the night of Mediation, and her new living arrangement with a new boyfriend who has a criminal record for prior domestic violence assaults. The caseworker also reports that Ms. Price’s Counselor has conveyed continued support of Ms. Price’s reunification with Rose Price but that this is contingent on Ms. Price’s ability to secure stable housing without the presence of her new boyfriend, whose history of domestic violence has compounded the counselor’s concerns for Ms. Price.

Please see TFC Section 263.305 for statutory provision regarding subsequent permanency hearings following the initial permanency hearing.

Assume that the Department was able to secure a court order at the end of the Second Permanency Hearing Before Final Order setting the case for Termination of Parental Rights.

Please also assume that a Third Permanency Review Hearing Before Final Order is held in January 2021; that Rose’s status is mostly unchanged; and that the parties are preparing for trial.


Merits Trial

As the extended statutory deadline in the Harris-Price case approaches, the parties prepare for trial. The Court approved Permanent Managing Conservatorship (PMC) of Ben Harris to his maternal aunt, Carol Hill, and PMC of Robert Price to his father, Ernie Price in October 2020. The parties fail to agree regarding Rose Price and prepare for a jury trial.

Kathy Price wants Rose Price to be returned to her. In the alternative, she wants Rose Price placed with Anne Smith, Rose’s paternal grandmother.

Ryan Smith wants PMC to be granted to his mother, Anne Smith. He plans to become a caregiver for Rose Price upon his release from incarceration. Anne Smith is willing to act as the permanent managing conservator for Rose.

The Department is requesting termination of parental rights of Kathy Price and Ryan Smith regarding Rose Price. The Department’s permanency plan for Rose Price is unrelated adoption, by the foster parents who have been Rose Price’s caregivers during the entire time she has been in substitute care. The Department opposes PMC to Anne Smith due to her criminal history and lack of any previous relationship with Rose Price. CASA is recommending adoption of Rose by the foster parents.

Texas Family Code Section 105.002 relates to jury demands. Texas Family Code Section 263.401 addresses the dismissal dates in cases with children under the Department’s care.



CAUSE NO. D-1-FM-12-000123




CHARGE OF THE COURT

MEMBERS OF THE JURY:

After the closing arguments, you will go to the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case with other jurors only when you are all together in the jury room.

Remember my previous instructions: Do not discuss the case with anyone else, either in person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post information about the case on the Internet. Do not share any special knowledge or experiences with the other jurors. Do not use your phone or any other electronic device during your deliberations for any reason. I will give you a number where others may contact you in case of an emergency.

Any notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes.

You must leave your notes with the bailiff when you are not deliberating. The bailiff will give your notes to me promptly after collecting them from you. I will make sure your notes are kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote.

This case is submitted to you by asking questions about the facts. You must decide the answer to the question from the evidence you have heard in this trial. You are the sole judges of the credibility of the witnesses and the weight to be given their testimony, but in matters of law, you must be governed by the instructions in this charge. In discharging your responsibility on this jury, you will observe all the instructions which have previously been given you.


I shall now give you additional instructions, which you should carefully and strictly follow during your deliberations.

1. Do not let bias, prejudice, or sympathy play any part in your decision.

2. In arriving at your answers, consider only the evidence introduced under oath and suchexhibits, if any, as have been introduced for your consideration under the rulings of the court,that is, what you have seen and heard in this courtroom, together with the law as given you bythe court. In your deliberations, you will not consider or discuss anything that is not representedby the evidence in this case.

3. You are to make up your own minds about the facts. You are the sole judges of the credibility ofthe witnesses and the weight to give their testimony. But on matters of law, you must follow allof my instructions.

4. If my instructions use a word in a way that is different from its ordinary meaning, use the meaningI give you, which will be a proper legal definition.

5. All the questions and answers are important. No one should say that any question or answer isnot important.

6. Answer "yes" or "no" to all questions unless you are told otherwise.

7. Do not decide who you think should win before you answer the questions and then try to answerthe questions accordingly. Simply answer the questions, and do not discuss nor concernyourselves with the effect of your answers.

8. Do not answer questions by drawing straws or by any method of chance. Do not return a quotientverdict. “Quotient verdict” means that the jurors agree to abide by the result to be reached byadding together each juror’s figures and dividing by the number of jurors to get an average.Do not do any trading on your answers; that is, one juror should not agree to answer a certainquestion one way if others will agree to answer another question another way.

9. Do not trade your answers. For example, do not say, "I will answer this question your way if youanswer another question my way."

10. Unless otherwise instructed, you may answer a question upon the vote of 10 or more jurors. Ifyou answer more than one question upon the vote of 10 or more jurors, the same group of 10jurors must agree upon the answers to each of those questions. Do not agree to be bound by avote of anything less than 10 jurors, even if it would be a majority.

These instructions are given because your conduct is subject to review the same as that of the witnesses, parties, attorneys and the judge. If it should be found that you have disregarded any of these instructions, it will be jury misconduct, and I might have to order a new trial and start this process over again. This would waste your time and the parties' money, and would require the


taxpayers of this county to pay for another trial. If a juror breaks any of these rules, tell that person to stop and report it to me immediately.

When words are used in this charge in a sense which varies from the meaning commonly understood, you are given a proper legal definition, which you are bound to accept in place of any other meaning. If a word or phrase has been defined for your use in this charge, you are instructed that you must use the given definition every time the defined word is used throughout the charge.

Answer “Yes” or “No” to all questions unless otherwise instructed.

Evidence; Burden of Proof

“Clear and convincing evidence” means the measures or degree of proof that produces a firm belief or conviction as to the truth of the allegations sought to be established.

A fact may be established by direct evidence or by circumstantial evidence or both. A fact is established by direct evidence when proved by witnesses who saw the act done or heard the words spoken, or by documentary evidence. A fact is established by circumstantial evidence when it may be fairly and reasonably inferred from other acts proved.

SECTION ONE: TERMINATION OF PARENTAL RIGHTS

This is a case for termination of parental rights.

“Termination” means that the relationship between the parent and child is ended. All legal rights, privileges, and duties with respect to each other are cut off, except that the child retains the right to inherit from and through the parent unless the Court provides otherwise. The rights, privileges, and duties a parent has are:

1. the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;

2. the duty of care, control, protection, and reasonable discipline of the child; 3. the duty to support the child, including providing the child with clothing, food, shelter,

medical and dental care, and education; 4. the duty, except when a guardian of the child’s estate has been appointed, to manage

the estate of the child, including a right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government.

5. the right to the services and earnings of the child; 6. the right to consent to the child’s marriage, enlistment in the armed forces of the United

States, medical and dental care, and psychiatric psychological, and surgical treatment; 7. the right to represent the child in legal action and to make other decisions of substantial

legal significance concerning the child; 8. the right to receive and give receipt for payments for the support of the child and to

hold or disburse any funds for the benefit of the child; 9. the right to inherit from and through the child;


10. the right to make decisions concerning the child’s education; and11. any other right or duty existing between a parent and child by virtue of law.

Termination of the parent-child relationship may not be based on evidence that the parent:

1. homeschooled the child;2. is economically disadvantaged;3. has been charged with a nonviolent misdemeanor offense other than:

a) the following misdemeanors under Title 5 Penal Code; unlawful restraint, publiclewdness, indecent exposure, voyeurism, unlawful disclosure or promotion ofintimate visual material, assault, deadly conduct, terroristic threat, aiding suicide,leaving a child in a vehicle, forcing abortion;

b) the following misdemeanors under Title 6 Penal Code; enticing a child, harboringrunaway child, violation of protective order or condition of bond, advertising forplacement of child; or

c) an offense that involves family violence,;4. provided or administered low-THC cannabis to a child for whom the low-THC

cannabis was legally prescribed; or5. declined immunization for the child for reasons of conscience, including a religious

belief.

If the termination of parent-child relationship is addressed, the Court may order a parent who is financially able, to pay child support after termination.

If no termination of the parent-child relationship is ordered, the court may modify these rights and duties by court order.

For the parent-child relationship in this case to be terminated with respect to KATHY PRICE, the mother of the child ROSE PRICE, it must be proven by clear and convincing evidence that at least one of the following events has occurred:

1. KATHY PRICE has voluntarily left the child alone or in the possession of anotherwithout providing adequate support of the child and remained away for a period ofat least six months;

2. KATHY PRICE has knowingly placed or knowingly allowed the child to remainin conditions or surroundings which endanger the physical or emotional well-beingof the child;

3. KATHY PRICE has engaged in conduct or knowingly placed the child withpersons who engaged in conduct which endangers the physical or emotional well-being of the child;

4. KATHY PRICE has constructively abandoned the child who have been in thepermanent or temporary managing conservatorship of the Department of Familyand Protective Services or an authorized agency for not less than six months and:(1) the Department or authorized agency has made reasonable efforts to return the


child to the mother; (2) the mother has not regularly visited or maintained significant contact with the child; and (3) the mother has demonstrated an inability to provide the child with a safe environment;

5. KATHY PRICE has failed to comply with the provisions of a court order thatspecifically established the actions necessary for the mother to obtain the return ofthe child who has been in the permanent or temporary managing conservatorshipof the Department of Family and Protective Services for not less than nine monthsas a result of the child’s removal from the parent under Chapter 262 for the abuseor neglect of the child;

6. KATHY PRICE has used a controlled substance, as defined by Chapter 481,Health and Safety Code, in a manner that endangered the health or safety of thechild, and (1) failed to complete a court-ordered substance abuse treatmentprogram; or (2) after completion of a court-ordered substance abuse treatmentprogram continued to abuse a controlled substance;

For the parent-child relationship in this case to be terminated with respect to RYAN SMITH, the father of the child ROSE PRICE, it must be proven by clear and convincing evidence that at least one of the following events has occurred:

1. RYAN SMITH has voluntarily left the child alone or in the possession of anotherwithout providing adequate support of the child and remained away for a period ofat least six months;

2. RYAN SMITH has knowingly placed or knowingly allowed the child to remain inconditions or surroundings which endanger the physical or emotional well-being ofthe child;

3. RYAN SMITH has engaged in conduct or knowingly placed the child with personswho engaged in conduct which endangers the physical or emotional well-being ofthe child;

4. RYAN SMITH has constructively abandoned the child who has been in thepermanent or temporary managing conservatorship of the Department of Familyand Protective Services or an authorized agency for not less than six months and:(1) the Department or authorized agency has made reasonable efforts to return thechild to the father; (2) the father has not regularly visited or maintained significantcontact with the child; and (3) the father has demonstrated an inability to providethe child with a safe environment;

5. RYAN SMITH has failed to comply with the provisions of a court order thatspecifically established the actions necessary for the father to obtain the return ofthe child who has been in the permanent or temporary managing conservatorshipof the Department of Family and Protective Services for not less than nine months


as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child;

6. RYAN SMITH has used a controlled substance, as defined by Chapter 481, Healthand Safety Code, in a manner that endangered the health or safety of the child, and(1) failed to complete a court-ordered substance abuse treatment program; or (2)after completion of a court-ordered substance abuse treatment program continuedto abuse a controlled substance; and

7. RYAN SMITH has knowingly engaged in criminal conduct that has resulted in his(i) conviction of an offense and (ii) confinement or imprisonment and inability tocare for the child for not less than two years from the date of filing of the petition.

To “Endanger” means to expose to loss or injury, to jeopardize. It is not necessary that the conduct be directed at the child or that the child actually suffers injury. This means that the conduct of the parent, or the conditions or surroundings in which the children lived, exposed the children to loss or injury or jeopardized the emotional or physical health of the children. The parental course of conduct includes both the parent’s actions and the parent’s omissions or failures to act. Acts by the parent’s both before and after the child’s birth may be considered. The conduct of the parent did not have to be directed at the child; nor must the child actually have suffered injury from the parents conduct. The specific danger to the well-being of the children need not be established as an independent proposition, but may be inferred from the parent’s misconduct alone.

Substantial compliance with a Court Order is not sufficient to avoid a finding that the parent failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child. The parent in question is required to comply with all of the terms of the Court’s Orders. The parent must comply with every requirement of the Court Order and there can be no consideration of excuses as to why the parent failed to comply with all provisions of the Court’s Order.

In addition, it must also be proven by clear and convincing evidence that termination of the parent-child relationship would be in the best interest of the child. The same evidence may be probative of both the acts or omissions stated and the best interest of the child. Some factors to consider in determining the best interest of the children are:

1. the desires of the child;2. the emotional or physical needs of the child now and in the future;3. any emotional and physical danger to the child now and in the future;4. the parenting abilities of the individuals seeking custody;5. the programs available to assist those individuals or by the agency seeking custody;6. the plans by those individuals or by the agency seeking custody;7. the stability of the home or proposed placement;8. the acts or omissions of the parent that may indicate that the existing parent-child

relationship is not a proper one; and9. any excuse for the acts or omissions of the parent.


“Clear and convincing evidence” means the measure or degree of proof that produces a firm belief or conviction as to the truth of the allegations sought to be established.

You should answer the following questions based upon clear and convincing evidence.

Now, bearing in mind the foregoing instructions and definitions, you will answer the following questions:

ANSWER THE FOLLOWING QUESTIONS AS THEY RELATE TO THE TERMINATION OF THE PARENTAL RIGHTS OF KATHY PRICE

Question No. 1:

Do you find by clear and convincing evidence that KATHY PRICE has voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months?

Answer “Yes” or “No” as to each child.

ROSE PRICE ............................................... Yes No

Question No. 2:

Do you find by clear and convincing evidence that KATHY PRICE has knowingly placed or knowingly allowed the childto remain in conditions or surroundings which endanger the physical or emotional well-being of the child?


ROSE PRICE ............................................... Yes No

Question No. 3:

Do you find by clear and convincing evidence that KATHY PRICE has engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child?


ROSE PRICE ............................................... Yes No


Question No. 4:

Do you find by clear and convincing evidence that KATHY PRICE has constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services or an authorized agency for not less than six months and: (1) the Department or authorized agency has made reasonable efforts to return the child to the mother; (2) the mother has not regularly visited or maintained significant contact with the child; and (3) the mother has demonstrated an inability to provide the child with a safe environment?


ROSE PRICE ............................................... Yes No

Question No. 5:

Do you find by clear and convincing evidence that KATHY PRICE has failed to comply with the provisions of a court order that specifically established the actions necessary for KATHY PRICE to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child?


ROSE PRICE ............................................... Yes No

Question No. 6:

Do you find by clear and convincing evidence that KATHY PRICE has used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance?


ROSE PRICE ............................................... Yes No

IF YOU ANSWERED “YES” TO ANY OF THE QUESTIONS ABOVE AS TO KATHY PRICE, PLEASE ANSWER THE FOLLOWING QUESTION:

Question No. 7:

Do you find by clear and convincing evidence that termination of the parent-child relationship between KATHY PRICE and the child is in the best interest of the child?



ROSE PRICE ............................................... Yes No

ANSWER THE FOLLOWING QUESTIONS AS THEY RELATE TO THE TERMINATION OF THE PARENTAL RIGHTS OF RYAN SMITH

Question No. 8: Termination of the Parental Rights of RYAN SMITH

Do you find by clear and convincing evidence that RYAN SMITH has voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months?

Answer “Yes” or “No”:

Yes ............................................................ No

Question No. 9:

Do you find by clear and convincing evidence that RYAN SMITH has knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child?


ROSE PRICE ............................................... Yes No

Question No. 10: Do you find by clear and convincing evidence that RYAN SMITH has engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child?


ROSE PRICE ............................................... Yes No

Question No. 11:

Do you find by clear and convincing evidence that RYAN SMITH has constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services or an authorized agency for not less than six months and: (1) the Department or authorized agency has made reasonable efforts to return the child to the father; (2) the father has not regularly visited or maintained significant contact with the child; and (3) the father has demonstrated an inability to provide the child with a safe environment;


ROSE PRICE ............................................... Yes No


Question No. 12:

Do you find by clear and convincing evidence that RYAN SMITH has failed to comply with the provisions of a court order that specifically established the actions necessary for RYAN SMITH to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child?


ROSE PRICE ............................................... Yes No

Question No. 13:

Do you find by clear and convincing evidence that RYAN SMITH has used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance?


ROSE PRICE ............................................... Yes No

Question No. 14:

Do you find by clear and convincing evidence that RYAN SMITH has knowingly engaged in criminal conduct that has resulted in his (i) conviction of an offense and (ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing of the petition?


ROSE PRICE ............................................... Yes No

IF YOU ANSWERED “YES” TO ANY OF THE QUESTIONS ABOVE AS TO RYAN SMITH, PLEASE ANSWER THE FOLLOWING QUESTION:

Question No. 15:

Do you find by clear and convincing evidence that termination of the parent-child relationship between Ryan SMITH and the child is in the best interest of the child?


ROSE PRICE ............................................... Yes No


If the answer to any question concerning a ground of termination in SECTION ONE is “No” as to any child, then answer the questions in SECTION TWO as to that child; otherwise, do not answer the questions in SECTION TWO.

and/or

If the answer to the question concerning the best interest of the child for either parent is “No” as to any child, then answer the questions in SECTION TWO as to that child; otherwise, do not answer the questions in SECTION TWO.

SECTION TWO: MANAGING CONSERVATORSHIP

Texas law has adopted certain terminology that varies from common usage of the language. In this state the “primary custodian” of a child is known as the “managing conservator.” What is ordinarily called “custody” is known as “managing conservatorship” under Texas law. What is commonly called “visitation” is known as “possession of or access to a child” in Texas. A “non-custodial parent” who is awarded “access and visitation” is known as the “possessory conservator.”

The best interest of the child shall always be the primary consideration in determining questions of conservatorship.

“Managing conservator of a child” means the primary custodian of the child. The rights, privileges, and duties a managing conservator who is not the parent of the child has are:

1. the right to have physical possession and to direct the moral and religious training ofthe child;

2. the duty of care, control, protection, and reasonable discipline of the child;3. the duty to provide the child with clothing, food, shelter, education, medical,

psychological, and dental care;4. the right to consent for the child to medical, psychiatric, psychological, dental, and

surgical treatment and to have access to the child's medical records.5. the right to receive and give receipt for payments for the support of the child and to

hold or disburse any funds for the benefit of the child;6. the right to the services and earnings of the child;7. the right to consent to the child’s marriage and to enlistment in the armed forces of the

United States;8. the right to represent the child in legal action and to make other decisions of substantial

legal significance concerning the child;9. except when a guardian of the child’s estate or a guardian or attorney ad litem has been

appointed for the child, the right as an agent of the child in relation to the child’s estateif the child’s action is required by a state, the United States, or a foreign government;

10. the right to designate the primary residence of the child and to make decisions regardingthe child's education; and


11. if the parent-child relationship has been terminated with respect to the parents, or onlyliving parent, or if there is no living parent, the right to consent to the adoption of thechild and to make any other decision concerning the child that a parent could make.

The Department of Family and Protective Services may be appointed as managing conservator of the child if appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development; and it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator.

In determining whether the Department should be appointed as managing conservator of the child without terminating the rights of a parent of that child, you shall take the following factors into consideration:

1. that the child will reach 18 years of age in not less than three years;2. that the child is 12 years of age or older and has expressed a strong desire against

termination or has continuously expressed a strong desire against being adopted; and3. the needs and desires of the child.

“Preponderance of the evidence” means the greater weight and degree of credible testimony or evidence introduced before you and admitted in this case.

You should answer the following questions based upon a preponderance of the evidence.

Question No. 16: Permanent Managing Conservatorship

Should the Department of Family and Protective Services (the Department) be named managing conservator of the child ROSE PRICE?


ROSE PRICE ............................................... Yes No

If you answered “yes” as to any child in the question(s) in SECTION TWO, then answer the question(s) in SECTION THREE as to that child; otherwise, do not answer the questions in Section Three.

SECTION THREE: POSSESSORY CONSERVATORSHIP

The best interest of the child shall always be the primary consideration in determining questions of possession or access to a child.

“Possessory conservator of a child” means the person or persons appointed to have possession of or access to the child at specified times and upon certain conditions. A possessory conservator has the following rights, privileges, and duties during the period of possession, subject to any limitations established by the court:


1. the duty of care, control, protection, and reasonable discipline of the child;

2. the duty to provide the child with clothing, food, and shelter;

3. the right to consent to medical, dental, and surgical treatment during an emergencyinvolving an immediate danger to the health and safety of the child; and

4. any other right or duty specified by court order.

A parent who is not appointed managing conservator shall be appointed possessory conservator unless possession of or access to the child by that parent is not in the best interest of the child and would endanger the physical or emotional welfare of the child. A parent who is not appointed managing or possessory conservator may be ordered to perform other parental duties, including paying child support.

You should appoint a parent (whose parental rights have not been terminated and who has not been appointed managing conservator) as possessory conservator unless you find from a preponderance of the evidence that possession or access by the parent is not in the best interest of the child and that such access would endanger the physical or emotional welfare of the child.

Question No. 17: KATHY PRICE as Possessory Conservator

Should KATHY PRICE be named possessory conservator of the child ROSE PRICE?


ROSE PRICE ............................................... Yes No

Question No. 18: RYAN SMITH as Possessory Conservator

Should RYAN SMITH be named possessory conservator of the child ROSE PRICE?


ROSE PRICE ............................................... Yes No

DELIBERATIONS

Presiding Juror:

1. When you go into the jury room to answer the questions, the first thing you will need to do ischoose a presiding juror.

2. The presiding juror has these duties:

a. have the complete charge read aloud if it will be helpful to your deliberations;


b. preside over your deliberations, meaning manage the discussions, and see thatyou follow these instructions;

c. give written questions or comments to the bailiff who will give them to thejudge;

d. write down the answers you agree on;e. get the signatures for the verdict certificate; andf. notify the bailiff that you have reached a verdict.

Do you understand the duties of the presiding juror? If you do not, please tell me now.

Instructions for Signing the Verdict Certificate:

1. [Unless otherwise instructed] You may answer the questions on a vote of 10 jurors. The same10 jurors must agree on every answer in the charge. This means you may not have one groupof 10 jurors agree on one answer and a different group of 10 jurors agree on another answer.

2. If 10 jurors agree on every answer, those 10 jurors sign the verdict.

If 11 jurors agree on every answer, those 11 jurors sign the verdict.

If all 12 of you agree on every answer, you are unanimous and only the presiding juror signsthe verdict.

3. All jurors should deliberate on every question. You may end up with all 12 of you agreeingon some answers, while only 10 or 11 of you agree on other answers. But when you sign theverdict, only those 10 who agree on every answer will sign the verdict.


Do you understand these instructions? If you do not, please tell me now.

JUDGE PRESIDING


VERDICT CERTIFICATE

Check one: Our verdict is unanimous. All twelve of us have agreed to each and every answer. The presiding juror has signed the certificate for all twelve of us.

_________________________________ ____________________________________ SIGNATURE OF PRESIDING JUROR PRINTED NAME OF PRESIDING JUROR

Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have signed the certificate below. Our verdict is not unanimous. Ten of us have agreed to each and every answer and have signed the certificate below.

Signature: Name Printed:

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

_________________________________ ____________________________________

Tab 2Exhibits


Exhibits DEVELOPED BY THE


Spring 2021



Table of Contents

Great City Hospital ER Notes on Ben Harris ................................................................. E-2

Great City Hospital ER Notes on Robert Price ...............................................................E-12

Great City Hospital ER Notes on Rose Price .............................................................. E-22

Photographs of Injuries to Rose Price ...................................................................... E-32

Psychological Evaluation of Kathy Price .................................................................... E-34

Criminal History of Kathy Price ................................................................................ E-42

Criminal History of Ryan Smith ............................................................................... E-58

ABC Family Counseling Therapeutic Progress Notes on Kathy Price ............................. E-63

Email Exchanges Between Caseworker and Kathy Price .............................................. E-68

Kathy Price Text to Caseworker ............................................................................... E-71

Caseworker Text to Kathy Price ............................................................................... E-73

Business Records Affidavit from Great City Hospital ................................................... E-75


MEDICAL RECORDS

Great City Hospital ER Notes on Ben Harris


O N 11_........_d � / '"�-d 11rs1111:Aucssmmt"""""""' �v1111s� -· ----DATE: l} I l TIME: / 2 ':, 5 0 onamn! R.OOM: JLJ _EMS � _F.MS rnormfflls�

PHYSICAL EXAM A_ ,1 HISTORIAN: mocher &dler� PU'lffl�

ed ��4-GeneptApptuancg �-collar (PTA/nEO)�/�,J;. _HX/ _EXAM LIMITED BY: 7)n ('.;� .:t.no acute� _ mocfcrate ere �lspes� J 1,4.....,.-

HPI -�c:aredfor .� IUS�'< ffo J �

ncoof _:C�

sfl'\--

neighbor's dayt:are

�: flsu kicked choked bitten pushed I drown down pushed I chrowra aptnsc wall bum muck with oble«(s):..__ __________ _ sexual: touching pcnatr:llion �lhal I retQ.,__ ____ _

severity of pain: mid

locatJon of pain , 1 !nb!!!!.i: 91 ihead face mouih

� ;

neck chat �bdame11 ! breut R /L } baQC upper mid- lcw!r

1.nrdiatiif io R / L dt,ih / leg

W!l"!:lilm.'4'/ftut!Plhness 'itij,u/ COmfnt to boS,,itaf

�- -ktt-$hldr hip shldr hip arm tJllgh arm dlilh elbow knee I elbow knee i•:arm leg

I f...lnn le& wrbt an� c wrist ankle hand fooc I hand fOOt

Rdi.oycs_ J

�� .-- : problems urfrmfn&----$. t ii ss-Cf; ........ ).._,<4 /l2L: • n:ausea/vomlmig : leg I :anlcle swelln._ig ___ _ : problems with visiorL__

nu�� : nasal dralna&,-----nec>"6ac�I�.___ ____ • ras1, _____ _ shomias ol breath (:f) : lftXNty I depression__.... __ LNMP __ preg p�DStlUOf : OaN a:,,uman11 exceptu mutted •

O J 996 - lOOS T �ama, Inc. C11c� or chi:d: �tiw,, &o.;�oJt t�r MJ�u

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GREAT OTT HOSPITAL EMERGENCY PROVIDER RECORD Pediatric Reported Physical Abuse

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NECK

gn -� inspecdon � dencal I oral inj

I"" \

-'" diagram.__ _______ _ _pc1ln en movement of necL----_muscf• spum J decreased ROM.__ __

_mlcllM i.ndemim / dtstr:acd� Injury. __ _ .,..d ffl4il'nal scaws / neuro deflclts-

recet1t ETOH

�Q _unequ:alp14)11s R-_mm L•_mm _EOM entrapm4nt I palsy / ;misocorla __ • _ _subconjVn�i:rnorrh:az __p�mvac ··---

::::z:labmlOI\_.

_a=i septa! htmaccma, _____ _ _TH obscured byw:w.__ ____ _ _clotted nasal btood..__ _____ _ _dental Injury I 11t1locduslon, ____ _ _Jaw �In on movcrnen\,.__---_hnulum rmr I soft palat� traunn

, _rib ttndemess I pllpable fracture __ _ _crepltus I subcuaneous ernphys.ma__. _spllniil1g / p;andoxkal n,ovemoocs___ _ccchymosl$, ________ _

��· �� =� ��nf:lflg/ rebound----./;��

PATIENT LABEL

J-f kr, {' &,,,,frl Pi) f'tl t-t coll 617 7o

1)06 1D/2>J/ 08


'

E-3

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�=d,y . {\@.�,----- ��\f, =�

.. r r-- ' _bum,�----------

�Atendcmc:$$ =!�� _novembral -��'i_i1�otL__--:=__

�dcmess

HIPS I PELVIS .Jelvls sa.blt _hips �tendtr

EXJREMlTIES CM§) too CMdence of

tr.Wffla

_ nml flOM"4 _no pedal edema

_seedlaara,n _____ .. ___ _ _bonypolnt�-C.ffnmdctctffl��,�·-�---

. _painful/ unible to bear w.�----

_sec cf"ia&ram'----------_bony point-tenderness...._ ____ _ _palnful I unable co bar wef&h..__ __ _ -��deftdt._ _______ _ Jo;,:cwnr _lmtted ROM I rpnena laity.·---

T•"l'111•mn,s NJ'-hlltt,......._ S-S.llllln& �h ... na C-<:oamhm L-lam11llaa A•.U,.,,._ N-flllldt1pe,111 ............... \\'-d

(GJz..._, .-..SU 111c,I......._ �

PROCEDURES

• Wound DescllpUon I Repair: 7.ime: ___ : 10119th cm location : linear st.elate Irregular flap mo: 5ul7cvc / muscle : clean cont:untnated modfflltely / hea"V , distal NVT: neurolvuc 1111:an no undon lnJu'7 : anosthosla: local toplal __ lidoe11ne I bupl',acalne tpl I bicarb '

digla.lblock ___________ _ 0 tnQder.ue seda1lo11 �d; see amched 117 tampbte pn,p: Hibidens/Betadlml.__ __________ _ lrrlptcd wlrh s:aline WOWld explored

to base/ in bloodloss field no foret,n body identified foretin material remcwed

debrided morL /mens:fl'e wound margins revised muldps. flaps aff&ned

repair: WoUl!d doted With; wound odliesh/ sterkttipL_ __ SKIN- # ____ .o n,ton I prolene I staples __ �UT. # ____ .o vlcryl/cflroml(_ __ _ OTHER- # ______ .O �----------

••w-·•·--------·•••••·�---------------·-····---

I 1Jmtmlin; W'U*S o,p ,oflfffl • t,tr,l'loloa « ..._ rflVfliMlfor� .c,stcm mw

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��Xl>!��i��"�-�um i :CT Scan

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: head C..plne chat abdomen I pelvls : ! rirnll NAO r •. , � : Ultrasound I FAST Exam : • nmf/NAt>. I . -.. - -�:��-----·-----------··-----------··---::::-=:-:' PRO RESS

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PATIENT LABEi.:

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© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E-4

0 SANE/ � Case #: ......_./_o_t.,..._ __ _ (PAGE 1 OF 1- )

PATIE:HT LAefL

Foren,lc examiner:

�L:fa!Jt6 Name

Law Enfo.-ceinent Agency

SC2�ll

[ ] DO NOT USE PHOTOS

MD

Title

QfE .. Jim.�Agency case# Officer Badge#

DFPS

Reference/Case Number caseworker Name&. ID

-----------------------------------------

CHES a;.t" Physician 0 Provider k�r. -- -

Name

Rape Crisis Center C Declined a NA

/ Advocate's Name --

Referred b : ur'LE a CPS D ChlldSafe D Self-Referral D Other: ____________________ _

Discharged to: a Home GY'6ther: _ __.�"'--=--UA$.;;,,.,;;· .;.,:,,a;:;;�:..;..;,Q--------a Admitted to Room #: ____ =o_�--------a Transferred to:----------------

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PATIENT MEDICAL FORENSIC HISTORY CONTiNUED boa


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20

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8

_J_tl I 20 MMIDDIYY

(PAGE }>_ l

Body Suriace. Injuries: (InQlude all details of trauma: i.e. Scars,. abrasions, bite marks, laoerations, bruises, point tenderness, etc.) ___ Number of body Jmage.s obtaine"1 with a OoJposcope or a Digital cam.era.

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BODY DIAGRAM-CHIU>

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J ,_L, 20MM/DD/YY

(PAGE I� )

Body Su..race Injarle,.: (]nclude au details of trauma! i.e. Scus. abruions, bite matb, laeerations, bruises,point tenderriess, etc.)

_Number of body images obtained, wilh D Colposcope or O Digital cam�. Images are kept socure atCSRCH.

�.cute trauma

Signature: r ktu(j

¥ GBEATCRYBOSl'ITAt.

BODY DIAGRAM-BEAD AND MOUTHNEW00/12

MD Title

12

6


.lJ J 120, MM/00/YY (PAGE (:{) )

Body SurfAc� 11:1,jurles: (Include all details of trauma= i.e. Scars, abrasions. bit� marks, lacerations, brui$CS1

point tendern� etc.)

_Nurnbor of body images obtained" with O Col�O! a�K �l��

� .. No.aoutetrauma�. . �.

Signature�----,��-1,t,,:;.;:;.;;;..a. _______ ._..::.M....=;.-:..:D=-.... ___ __ Title

I , ) 120 MM/DDPiv

¥ GREAT aIY HOSl'Ir.AL /4o..rr,j

J �

PC Pd

BODY DIAGRAM-MULTIPLE HAND VIEWS NEW(03/12)

Joi', to /31/08


l 1_L, 20Mt'fll>DIYY

(PAGE 7 )

Body Surface. Injuries: (Include all details oftralJffla: i.e. Sr.&rS, abrastON, bite marks, lacerations, brui5eS, point tcndem� etc.) __ Number oCbody images obtained, with [l Colposcqpc or CJ Digital camcl"4, Image$ ate kecpt �ure at CSRCH.

�,cute trauma

,. GRUT <JfY HOSPll"Al BODY DIAGRAM-:nn

'NEWOl/12

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E-,,

DOB

Great City Hospital ER Notes on Robert Price

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families 12

:s�; t;.��----, min I tvs I dayngo

? no yes. by: context: rists kicked chakcd bitten pushcct / wown down pushed/ dvown against wall bum wuckwlth obiect(s}:-----------sexual: touching pcnatr.adon (v:t&lnal I reaal,,_ ____ _

&everity of pafn: mUd moderate

19B1Jon of pain I -ript- -Jd-!!:!IY!lu: shldr hip shldr hip hnd faca mouth arm thlaf\ arm dli&h neck chffc abdomen elbow knee

I elbow knee

breast R I I. f•ann leg f-ann lei bad( upper mi6- tower Wl'ISt all� wrist anlcle

rodimq to RI L thigh / leg hand foot I hand foot

�� rproMtm---�----------reccn�� • �� fev_yT" �-- : lea I anlcle swelln11..1----�ISC'.-. : problems with YisiorL___ "�"';. : na,al dntna&c-------M� l�k �� • nsh shonne��: anxtocy/ dcpresslan._ __ _: lNMf __ pieg fJlffl>!nswal : Oal'Yfflffl1fle&exa:plu1rarimf _

.;:-

%..rnspecdon _no dental I oral inj

a:?.! P.cviewecl _ ----

-"•�P"'---------_J)eln en rncrvemcntof neck ____ _ _ muscle spasm/ decreased ROM,_ __ _

_en1c11ne tl9ndlmcss , dlstncdrc Injury. __ . altered menal satus / neuro dtfkiu____ =recent ETOH

() 1n,-:2oos T�, Inc. QKk or deck� �.bla.All(v� � 1 100 g- $h"1' · 0

PATIENTLABEL

'6" GREAT CITY HOSPITAL p,.. le. �� EMERGENCY PROVIDER RECORD Pediatric Reported Physical Abuse

004SS7l Rn.Ol,'09 Par;c l o!2

f

MRAJ m.ffa)t{S 111

( �P> s/10/11


HIPS I PELVIS _J:>l!ivls SCI.bit _ hips non-1end11:r

EXTJ.iMITIES <M§t � evidence or

tnUma nmlROMi

=no pedal edema

_seedJagrarn. ________ �------_bcrly polnc-ffltdcme,.._ ____ _

. _pall\ful / unable to bear weigh..__ __ _

-bony �HS..._ ____ _ aecdi

�-c

=painful unable co bear weflh·----_pulse deflck.__ _______ _ Joint E.xonr _&mlted I\OM / l\gamems lllxtty. ___ _

LABS&XRAYS • CBC -- - - •••• Chemf9trtos •• Crea� - - PT/PTT __ ·: : ,-,,,d eta!fJf

�

nonnr Gluc___L.l.a_ IN�.- : :w� N

�� ,

:HF �-- UA � ! •Hct tlCJffllDI�.,......: : : �ClL.- CQ <? /', ) t Ql.,� . I

: BUN ::, v.:r . :

: XRAYS 01'*'11,lr/me 0Rmsweclbrme Q��w/� : • C..S,,i"': T-aplne Lkplne pelvis : : _nrnl/ NAO _110 f,oaurc _MIi allpmcm _soft vssucs nml • I I ' .=J :CXR ! : _nml I NAO _no pneumotlloro. _na,1 heart*" _nml medlostk111m : I

• I

iCTScan ..... 0Dltcsd.,,,'9'dio10£lst .. � • head C4plne chest abdomen I pelllls : runt/NAO * =-*"�

: Ultrasound f FAST Exam : • nml/NAD. •. -� ; Other--·-·····--------··-------·----·--..---: PROGRESS � Tlmt� unchmged � re-examined

1) eJ: ----=---

• ractUre car. provided (o.h�J): < 24hrs I >24hts/. __ _ :- • • Services f police notlf".ed· • -.:_:�iatrlcla", �� , _ 1d prextctlon tam notlfled � e,wn_�q-

__..:J�=-<::---'�,r.n �ous ncorcfc ordered__-'-__ .Jhotaf.nPh's taken ____ !

T-tmil1ri11fl Pfl"'h191t'T'ftil- S,,,-llfln,: �It Jahrn C-C..,111Jhm L-t._..lloa -'"-"""-• N-M .. lpatlll .. ""l',nct.,. \\'etmd

((ila.....,, llnlll1I '""' ..,,..._ -,

PROCEDURES

Wound DncrtpUon I Repair: Time: : length cm locatlan : linear sceU�te Irregular flap Into: � I muscle : cloan concimlnated modfflnefy / heor&t, --· 1 dlstll NVT: neurolvuc tniuc no.cendon lnJury : anosthHla: local toplal __ lldocalne / bupt4c:llne ept I bicarb •

dftla.l block ___________ _ 0 mc>der.ite sedation required: see amched 117 llllmpl:ate prep: Hibidens/Bstacfn------------im&atcd wich s:a.llne wound explored

to base I 1h bJoodtcss fjcld no fcretgn body idcntiffed foresn mafflial removed

debrided mod. /e1temire wound marztns revised mu� flaps :alfined

• repair. WoUl7d dosed Wl1h: wound odliesne/ sietktrlJ)L__ : SKIN- # ___ .o nylon/ prolene / 1tap1es,_ : SUBCUT, # ______ .O vlayl/ chromic_ __ _ I OTHEll- # _____ .o --------·· · -------------------------------------------�I 1lmw1in.; hrd;t,ata 4lrpPI ,l)mlll � ,.,,,ld'falou or lllUJlilllllll ,.,,,,,,;,dfi,r o,p � rm

J>cdintric Reported Pbysjcal Abu:sl: • )06 Page 2 of2

r Oisamed wkh Or - - --• • • • • • Add'rdo� history from: ! : 111\1 Jl!e patient h� ED I MSJ)ffal I office farn� con:taf.r, f)arc11ncds'cs : : Counsdcd patient I WIiiiy regardin,: _Rx pa : • lab/ ldd. raub cfapcm need � (oh-op • : _Sinofdni Ceaa11oft: � p\fn/trfel"' I �lpw Ar flmf:.__ml,, : ' CNT CARE TIME (mltrmi R#)a!GC� �11 JJRK'edlJMI : : »u� �� .�--·-·--··-·····------------�-·-----------·

QLINIQAL IIPBESSION Abrasion _________ ·-�--r+-.i:IS'iill,hf-----Concusslon 'Mdl lOC c.omuslon ucsatJcn _________________ ��--Frac:tu�----------------------

Spraln/Snin cemmf rhorack �---------

DISPOlfflON,

Time __ _ CONDfflON-Care 1nnSferred to Dr Time:.__ __ ReSIOfHl1' /PAI NP-___ . ,nn

R11•-·---I T..,,,..• d___)


O SANE/ � Case #: __ 1 OS....._... ----{PAGE 1 OF :f: )

PA TIENl lABEL [ J DO NOT USE PHOTOS

Forensic Examiner:

�.2 � ��

MD

Name Title

Law Enforcement Agency ·

l1CPb Jt)il 6«Jw oJe.. Agency Case# Officer Badge�

DFPS

Reference/Case Number

� -· -

caseworker Name & ID ---�------------------------------------

CHES Physician

Rape Crisis Center - .

tJ

0

/ Referred b : ra"" LE

Provider

Dedlned a

C CPS

NA

.�r. ,W.c _ _ . __ Name

Advocate's Name D ChHdSafe C Self-Referral

D Other: ___________________ _

Discharged to: a Home �ther: ___ cJJs_....,_;:;,cus....-..,U;;...;:;.: �...--------a Admitted to Room #: _____ , ________ _a Transferred to·:

----------------

__ 1, I MM DD

I 20 YV

t" GREAT CJlY HOSPITAL

t:orenslc Examtn•r cover Sheu (o,Ji2)

.IB3D Time

Prlc:t1 Pobui

PXhc!llf allalit.


��A

MM/ OD/ YY (PAGE._"I?-__ ) Time

History a obtained from� or a continued from O patient,. D family, or D ceregiver.

·MDTtlte

#"GtlllTammsnm

PATIENT MEDICAL f'ORENS(C Htsl'ORY CONTINUU>

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E.:Jb

120

(PAGE 3 _)

Body Surface Injuries: (Include all details·of trauma: i.e. Scarst abrasions, bite marks1 lacerations, bfU.iscs, point tenderness, etc.) ____ Number of body images obtained, with a Co!poscope or O Digital (".Smera.

� GP.E.\TCIIYBOSl'ITAL

BOD" DL\GIWd-CIIIU>

0032237 (RIY OS/12)

lt3l, Time


(PAGE i/ l

Body Surface lajaria: (Include aU d6'tai1s of trauma: i.e. Scan. abrasions, bite marks. lacerations, bruises, point tenderness, etc.)

_Number of body imaps obtained, with Cl Colposeope er C Digital camera. lm1gcs are kopt secure al CSRCH.

� GI.\U.T CIIY HOSPITAL

BODY DIAGRAM-MULTIPLE HEAD VIEWS NBW(OJ/12)

MD T'rtle

© The Supreme court of Texas Permanent Judicial Commission for Children, Youth and Families

(PAGE 5 l

Dody Surface bjariu: {lnc.ludo 611 dauils of tra.uma: i.e. � abrasions_ bite mads, I� bnai5est

point tcndemosa., et�.)

_Number or body imaia obtained, with CJ CoJpoxopc or O Digital camera. lmnge:1 ,re kept nan at CSRCH.

� GREAT CITY HOSPtIAL

BODY DIAGRAM-BEAD AND MOt.ml NEWO'J/12

12

MD

Title


(PAGE � )

Body S11rface llljurtes: (Include an dcta.U.s of trauma: t.e. SQrs, abrasions. bite marb1

lacerations, bruises, point tendemcsst etc.)

__ N,umbet of body imagm obtal�> with C Cc1posc:ope or C Digital camieta.1,nagcs arc kept securo atCSRCH.

_ A )-J <A cl��, . all �rvt:.tri , 1 ;

f?-1�

� GRU.T CITY HOSPITAL

BODY DI.AGRAM- MULTIPLE HAND VIEWS NEW (03/11)

MD

Title

© The Supreme court of Texas Permanent Judicial Commission for Children, Youth and Families E-Z.o

(PAGE 7 l

Pody Surfac:t IDjuri": (Inc.ludo all details ofttauma: i.e. Sws, abrasions, bite marks, �rations, bruisest point tcndcmcss, etc.) __ Number of body images obtained> with a Co1poscope or a Digital camera. Images arc kept He.Ure at CSRCH.

� GRL\.T ClIY HOSPITAL

BODY DIAGRAM- RET NEW03/12

MD

Title


Great City Hospital ER Notes on Rose Price

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families EL 2 Z

DATE: l 1t TIME: ( 7r'< �rtnl P.OOM:__J!f._

_EHS �

EMS 11W1D'INftllctdaat....._ ________ • HISTORIAN: mother far:hl!lr _HX / _EXAM LIMITED BY: --1-4-w'--&,r.:;;a.�------��" HPI

� kicked chcbd bitten pmhad /�down pud,ed 'dltCIWA agaJnst w;fl bum muck with ol,fe«(i):�---------H:lalal: touching penea-aiion (w!iM1 / reeta,,__ ____ _

ttYfrity of pain: mid moderate MVOro (1/1 mocif!!d tymptomp: lethuJ!c / fuuy pc:nktent lr'l lost con"'ousnoss I d:azed setzure wcalcnc:ss I numbness

d'u� � injq contqto�

ROS

-�lilt � I dlsr.aaJnglnjury. __ �lw'ed "*1CII status/ oecwo deflcfts__

-recemETOH

iQ _unaqin3puplls lt-_mm L•_mro _EOM

�/:uiaeeorla___

--�� hem�� Jllfe C !Uftaiva -

�o�

..;.h - uptalbtmatoma _____ � _TM obscured by W'A'<------_clottod nuaf )tood,..,_._ _____ _ _ dena.1�/maloccluslon, ___ _ _JMpainp.,acN1ement__-..::.,,r __ _

?�emphysemi_ _splln:ing I pandadcal MOvemerl_cs __ _ _ ecchymos,.._' ------_decrasedbrea�sotlrld-----� _w&eeies/rafe11, I rhoncN.__ ___ _ _ t:aehycardla / bra�-----

=� ,;3..,(aj--�,�---�ENUil)

��nder • N&UJIO I MS CD11111«e1b aliD o4dmatd toi Hlr L,.�tenGon _mm_.,�--------PAST HX .. J-. _ ,,....,,n

.6m' boweJ sound$"

clevclcpmentday. �........- hcp:ltillsJHIV �/RECTAL _pertn��

diabeU!S Tr.,c I .,4wfllplul exam _bll>ol. umiw.1�-----

old records onlc:ral f summary. _aml w,tmJ !!Xlffl _hymen tcm I sbnonnaL ·------ · _nml rtctlS cicam _brubq / ltcendonis co penls f SCl'OQlffl_ TewM1$ immun. UTOI ptri in El> _heme neptift nool _heme �e scoof _____ _ t1tid5- nm,e / see nurses note_ -�1 .,, _______ _ .611......r...::- NKOA / see nurses�

� \ !IY.B9/ flE!! _cbmusecl I drsoritn

� irn-r-Hx--.;;;;;;:�..;.> �r -�.':'.."!..- ::::'..'"'l::" 't�-r.4" : mJcchcl(teUflC/bl1PY/c«o;lonct0---. �

_rnoccrnmJ _unswd)'/mxic ______ v __: attends dl}'Qlni /Khocl �I �!I} _mm1ian nml _slurredspeoch _______ _ �..':�M!I:�. � .. !'!¥�!-�� .. _________________ ; _..,norma1 behmor, ______ _

Cl J!/9,-2008 T� hie. Omk orclzd� �(� �

IOG �

� GRE...\T Cil'Y HOSPITAL EMERGENCY PROVIDER RECORD Pediatrie Reported Physical Abuse

00.:5S7l R.tv.Ol.'09 P8=c l of2

PATIENT LABEL

Pri<.E.., � th� M/.1 tJo'f SI 77"

DoB ; 3 / <Jy/19


I20

HIPS I PELVIS _pelvilm� _hlps non-tender

_seedfaanm--------_borqpolnW�------

. _painful /unable to bar we��---

JeediaFmi...-...------_f:tarr/ polnt,cencfemess ______ _ _ p;alrlful/unabfcmbr::ar� __pukedeftdt _______ _

.. ..., ... ._ ,n,,,nll,ll'l'all4-- 5a9'Sfllllll � .... 111 c-a..-. �•• "'"·"'""""' N-Mlldeapt1111 �-_...

,, . ...._ .......... .,.._,, PROCEDURES

: Wound DHcrtplion I Repair: Tmt· : • I� cm location a : linear � lm!gular Oap tmo: subcut I muscle ! : clan conamtnated mocfenlte/y /11� : ! d1sta1 NVT: M\trolvasc In� no und011 lpjvry : : an.osthosb: Ioctl topled __ Ndoc:1ine I�· ep / l,,ic:art, • : digital block_�----��--� : 0 modente sedation rcq1lirad; see ffll.Ched 117 oampbte 1

prep: Hibicleu/ htadln*.___ _________ _ : !mptcdwid, saline debrided mod.� : woL!Sld a,cplol'ed wound muztns rewtsed : io IHzse / n b.bDQlcss tfcld muhfpl. bps allped 1 no fer• body icfontifled : foretp � re:mcwed : repair: WOUtld dosed dh: wOf.ln4 ocfhesiwl/ �--! SKJNa f# ___ -�"° n,lon I prolene I staples�-: $UBCUT- # ____ .o Ylayl/� !-----��---!-•. -.--------�--.-.:.«» __________________________________ _

I� Wulla.a,p� ..

• � ..... ,,.,,,.fo,#pttJ)SNIII-

Dl8POSTl'IOR· Tfmt __ _ CCM)ffl()N.

Cantrlndened��·�---------ReSIOEll1' I PA I NP-

r--�--

R11• .. • N...1tem!M!IMU_(*-.._

lllaMcMIPAINP'shl-,,.......-.,_ Pant�wrl� bynw.

PATIENT LAB

Pr,iL � htlf,(;d'{S/77� bob · 3/7.t: / r9

""·-----

IT.....-�-->


a SANE/ GrtR Case #: _...../IX�"---- (PAGE 1 OF __:t:_)

PATIENT lADl:L

Foren•lc Examiner:

� Uld.:f.S Name

law Enforcement Agency

�r, PA

[ ] DO NOT USE PHOTOS

MD

Title

ctP. Jih? G� Agency case# Officer Badge#

DFPS

Reference/Case Numbe"r Caseworker Name & ID ----------------�---�-------------------

CHES �ysfdan tJ Provider b· �

Rape Crisis Center c Declined C NA Aclvocate's Name

Referred b : r.J'LE 0 y C PS C ChHdSa� c Self-Referral a Other=--------------------

Dlscharged to: 0 Home �her: _ _._.CJ>�s�G ..... +:t0W,ll,J�.1,"11:. �A-------a Admitted to Room '=------=-�;;r;.__-------a Transferred to:-----------------

GREAT arr HOSPITAL

Fore.nalc: examlnar cover Sheet (02112)


Time

PsclJIIUf b .BIL

E-25

(PAGE_� } Time llrb() j History a obtained from, or a continued from a patient, IJ family. o:r a care.giver.

- -i _A ,,I l�L__,_ w

·a

-� I:.:._ }I_- • 1:1 - A.A A't/"J �

-

- - .. ...

0

... 11 ............. , .. �.A

l

- J.,. . .1 LiAV1 /,..AAA r1:/ � "J�n " - 1ra- .'.hJ. Jj Ln/ 1Hl ,J.I.!�

---1 l111tl�II/Si1natlll

, .. I�A�:J,

��LL .,. II --

tF GREAT aTY HOSPITA.1.

tATIENT MEDICAL FORENS1CH1S1'0RY CONTINUED

- -,,.

p

MD ,rure


MM/DD/YY1 / 1/ 20

(PAGE 3 l

Body Sodace Injuries: (ln�ludc all details of trauma: i.e. Scars. abrasions, bite marks .. l�ra1ionst bruises, point tendetnes$, �.) _/

1 D Number or body imagos obtainod. wilh a Colposcope or Bbigital camera.

C No acute 1raum.a

$� ��

�GREAT arY HOSPII'.AL

800\" DIACMM-om.»

001.Ul? (R.ew 05/12)

MD ntlo

© The Supreme Court of Texas Permanent Judicial Commission tor Children, Youth and Families

1830 Time

(PAGE � l

Bod;r Surface Jajuria: (include all dd!dfs of trauma: i.o .. Scars, a\nsioos, bite� lacerations, bruises .• point tenderness, tne.)

__ Numbor of body imaga obtained, with O Colposccpe or CJ Digil41 tamcra. lmagcs ant kept Mcuro at CSRCH.

¥' GRf.A.T CITY HOSl'II'AI.

BODY DIAGRAM - MULTIPLE 11£AD VIEWS NEW(03/J2)

MD Title


(PAGE !Cl

Body Surface Iajariet: (lnclude all detalls oftrau� i.o. Sc.an;, abrasions, bite matks, laieemions. bJVisas, point tendem� etc.)

____ Number of body imagos obtained, with a Colposeopa or O Digital camera. Images are kept secure at CSRCH.

� acute trauma

Siparo�:��

.. GREAT crrY HOSPITAL

BODY DIAGRAM-HEAD AND MOUTH NEW03/12

MD

Title


12

6

(PAGE {,,. )

t lacerations, bruisies, MM/00/YY

Body Surface Injuries;

([nclude aU details oftnwma: i.e. Se.an, abrasions, bitomarb

point tenderness, etc.}_Number of body Jmages obtained, with O CoJ�opc or D Digital camera. Images arc kept secure at CSRCH� ¥.. L,� d,trf) � tv1l r� - �) L 11 ) (Vtf

4- vn.M i,tf'n

.. GREAT CITY HOSPITALBODY DIAGRAM- MULTIPLE HAND VIEWS NEW(03/J2)

MD Title


(PAGE 1. l

lJofiy Surface Injuries: (Inc)ude. all details oftrauma: i.e. Scars, abrasions, bite niarb, lacerations. bruise.stpointtendemoss, c�.) _____ Number of body unagcs obwncd1

with C Co1(>0$C0pC c,r CJ Digilal camera. lmap arc lcept seeunt atCSRCH.

lif No acute trauma

� GREA.T CITY HOSPIIAL BODY DIA.GRAM- ftlT NEW03/12


Photographs of Injuries to Rose Price


Rose Price Photograph #1: Pattern Bruising

Rose Price Photograph #2: Maculopapular rash with excoriations


Psychological Evaluation of Kathy Price


TEXAS PSYCHOLOGICAL ASSOCIATES

3471 Broad Street, SUITE 505

GREAT CITY, TX 75000

(987) 995-7552 Fax (987) 995-7562

Paula Psychologist, Ed.D.

LICENSED PSYCHOLOGIST

LICENSED SPECIALIST IN ADULT PSYCHOLOGY

PSYCHOLOGICAL EVALUATION

NAME: Kathy Price

SEX: Female

DOB: February 14, 1990

AGE: 30

DATE of EVALUATION: February 15, 2020

REASON FOR REFERRAL: Psychological Evaluation

REFERRED BY: Theresa Greenberg, Child Protective Services

BACKGROUND INFORMATION:

Kathy Price is a 30-year-old female who was referred for a psychological evaluation by her CPS

Caseworker. Kathy Price was seen in the offices of Texas Psychological Associates on 02-15-20 and was

explained the purpose of the evaluation and the disposition of the final report. She indicated her

understanding both verbally and by signing a consent form and a release of information form. The

Department reported that Kathy Price has a history of mental health issues and she reported to the

Department that she has a diagnosis of depression. The Department indicated that in January of 2020,

Kathy Price was arrested for theft of baby formula and spent the night in jail. The Caseworker

indicated that Ms. Price neglected to contact anyone to provide care for her three minor children.

Subsequently, a neighbor called law enforcement with concerns that the children of Ms. Price were

unsupervised. Law enforcement arrived at Ms. Price's apartment and took the children to the local ER

for an assessment. Based on the ER Doctor's concerns related to neglect of the children, CPS was called.

The Investigations Caseworker subsequently took the children into the custody of the Department and

initially placed all three children at a children's shelter. Ms. Price was released, and the Department

reported that she became uncooperative, irritable, rude, and refused to respond to questions about

her past history. There is a lengthy history of CPS involvement with Ms. Price, dating back to 2009,

where FBSS intervened to provide support to Ms. Price and her children. The most serious CPS history

prior to the removal of Ms. Price's children in January 2020 involves a RTB for Neglectful Supervision

of Ben Harris, Ms. Price's eldest son, when he was 2 years old, and another RTB for Neglectful

Supervision of Ben Harris (then eight) and his younger brother, Robert Harris (then nearly six). Ms.

Price has criminal history, as do Jason Harris and Ernie Price, the fathers of both of her sons. Ms.

Price claims not to know the identity of the father of her youngest child, Rose Price (who is almost

one year old).

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E:"-3S

After the removal of her children, the Department requested and the court ordered Kathy Price to

participate in services. Since her children were removed, the Department reports that Ms. Price continues

to drink alcohol and smoke marijuana.

Kathy Price reported at the start of this evaluation that the reason CPS is involved in her life is due to

"their mistake." She stated that Ben is old enough to take care of his younger siblings and that her next

door neighbor "had it in for her" when the neighbor called law enforcement to report that the children

had been left alone. Ms. Price also stated that the Investigations Worker and the Conservatorship Worker

"are making lots of assumptions" about her based on her CPS history and that they "overreacted." It is

Kathy Price's goal to have her children returned to her care. As part of her service plan for the Department,

Ms. Price stated that she has received a substance abuse evaluation that recommended outpatient

substance abuse treatment. She is also to participate in parenting classes, drug testing, and individual and

Family Counseling. Kathy Price stated that she will start attending AA and NA meetings this evening.

A review of Ms. Price's social history reveals the following. Ms. Price is the second oldest of seven children

born to Cathy Ythak in Small City, Texas. Ms. Price's father is unknown but she had a step-father, Jim

Jones, who fathered four of her other siblings. She struggled in school and began the evaluation process

for special education services when she quit going to school. Ms. Price left home at the age of 15. She

moved back and forth between her mother's home and friends' residences for about a year. At one point,

she moved in with her older sister, Carol Hill. While living with Ms. Hill, Kathy Price completed her GED

and found employment at Belle Taco. When she was 17, Ms. Price left the Hill home stating that Ms. Hill

had "too many rules." Ms. Price moved in with Jason Harris in September of 2007. On October 31, 2008,

Ms. Price gave birth to Ben, son of Jason Harris, and at some point in their relationship, Ms. Price and Mr.

Harris married.

Ms. Price's relationship with Mr. Harris was very turbulent. He often physically and emotionally abused

her. She called the police several times to intervene. In June 2009, Ms. Price called the police, but when

they arrived she refused to cooperate with the investigation. In January 2011, a neighbor called the

police after having heard Mr. Harris beating Ms. Price. When police arrived they placed Mr. Harris in

custody but Ms. Price failed to provide a statement and no charges were filed. In February 2011, Jason

Harris beat Ms. Price, breaking her arm and orbital bone. Ms. Price was in the hospital for five days.

Jason Harris was convicted of Family Violence Assault and received probation as Ms. Price refused to

appear in court. During the time she lived with Jason Harris, Ms. Price worked part-time for five months

at Belle Taco. She provided child care for a neighbor's two year old daughter for three months until the

family moved. Ms. Price reports that Jason Harris never beat her unless he had been drinking. His

drinking escalated over time and he began to use marijuana and cocaine on a regular basis. Ms. Price

drank socially with Mr. Harris and experimented with smoking marijuana. Ms. Price and Mr. Harris

divorced.

In March of 2011, Ms. Price moved in with Ernie Price and his extended family. Kathy and Ernie Price

were married June 1, 2011. At the time of their marriage, Mr. Price was employed by Overland

Trucking. Robert Price was born 05/10/2011. Ms. Price had numerous conflicts with her mother-in-law,

Anita Dashee. Ms. Dashee complained that Kathy Price failed to take proper care of her children, did

not help with the cleaning, and drank during the day. Ms. Price believed that Dashee was over-

controlling and didn't want to be bothered by having another woman in her home.

Ms. Price was arrested for driving while intoxicated after being at a club with several of her friends. At

the scene of the arrest, Ms. Price became hysterical stating that she had forgotten Ben and Robert

while at the club. The children were found to be with Ernie Price. After her conviction, Ms. Price was

ordered into alcohol counseling. She never completed her counseling and stated that she was unable

to attend


due to transportation issues. After her arrest, her relationship with Mr. Price deteriorated. She believed

he was seeing other women. On March 1, 2017, she followed Ernie Price to Great City Pub in Great City.

She observed Mr. Price meeting with a woman. Ms. Price confronted the woman outside the club. The

confrontation led to physical violence; the other woman received a black eye and a loosened tooth. Kathy

Price was arrested and charged with misdemeanor assault. When the victim failed to show up to the trial,

Ms. Price received one year probation with the condition that she receive treatment and counseling. She

entered into in-patient treatment with her sons. She successfully completed treatment and received

special recognition as being "a star client." Kathy and Ernie Price divorced in May of 2017. Ms. Price

moved back in with various family members. She moved in with her friend Patsy Smith, sister of

Ryan Smith, in summer of 2017 but moved out after six weeks. Ms. Price began a relationship with

Patsy's brother and Rose Price was born 03/28/2019. After Rose's birth, Ms. Price got a part-time job as

at Burger Queen. The children stayed with a neighbor during the time that she was working. Ms.

Price lived in apartment at 123 Broadway St. with her three children.

At this time, Ms. Price stated that the two older boys are placed with family members and that the baby,

Rose Price, is in a foster home. Ms. Price reported that she has had visitation approximately once weekly

with her children since they were removed by the Department. She claims that her transportation is

"spotty" and that she loves to see her children but "can't always get there." Ms. Price also stated, "I love

my children. No one has ever been there for me, I've always been on my own. Reading and writing are

too hard. I only drink socially. Some of the people I hang around smoke marijuana and I think I get it from

their smoke. My kids mean everything to me. CPS has always had it out for me because of the way I was

raised. I have had at least ten different caseworkers and they can't seem to get it together. I completed

probation and did what they told me to do."

A review of Kathy Price's legal history reveals a pending legal charge of theft from December 2019, and

past criminal history including the following: 1) conviction of DUI, after her arrest for same in December

2013; and 2) Conviction of Assault and Public Intoxication, March 2017. A review of her medical history

reveals no serious illnesses or hospitalizations. A review of her family history for mental health or

substance abuse issues reveals her report of having some family members with mental health disorders.

Ms. Price's caseworker states Ms. Price will begin therapeutic services with ABC Family Counseling in the

first week of March 2020. Ms. Price's mental health history reveals she was admitted for

inpatient psychiatric treatment at Great City Hospital on 11-18-18 for three days. She stated that she

was suicidal and had thought about taking an overdose. While hospitalized, Ms. Price was

prescribed Zoloft and Trazodone and given a diagnosis of Major Depression. A psychiatrist Ms. Price

recently saw revised some of her medication and she is currently taking Seroquel, Depakote, and

Trazodone.

A review of Kathy Price's alcohol and substance abuse history reveals the use of alcohol and marijuana.

She began drinking alcohol at the age of 13. Kathy Price stated she may have had "a drink or two"

when she was pregnant with Rose Price and that following the birth of her daughter, she had

postpartum depression. She began drinking alcohol daily for two months following her daughter's

birth. Her usual pattern of alcohol use involved having a few beers, one time a week. However, Kathy

Price stated that after her children were removed on 01-01-20, she began to drink a 12-pack or more of

beer, four times a week. Her last use of alcohol was on 02-10-20. She began smoking marijuana at the

age of 14 and used marijuana daily for the next six months. Kathy Price described using marijuana

"socially" from the age of 15 until she quit using marijuana at the age of 20. She reported a one-time

use of cocaine at the age of 19. Kathy Price has received one-time inpatient services for substance abuse

issues. Ms. Price identified her support system as her family and friends, especially her sister, Carol Hill.


TESTS ADMINISTERED:

Mental Status Evaluation

Slosson Intelligence Test-Revised

MMPl-2

FIRO-B

Axis II Checklist

House-Tree-Person

Sentence Completion Inventory

Psychosocial Assessment

Clinical Interview

SUMMARY OF TEST RESULTS:

Kathy Price presented as a casually-dressed and appropriately-groomed 30-year-old female who walked

with a normal gait. She had no visible scars or other physical stigmata. She did have a visible tattoo on her

right foot. Both receptive and expressive language skills were well-developed. She spoke in a soft voice,

with normal rate and fluency. Thought processes were logical and sequential, with no evidence of loose

associations or tangential thinking. Attention span and focus were adequate, with appropriate eye

contact. Kathy Price was oriented x3 and had well-developed remote, recent, and immediate memory

skills. Her arithmetic skills were in the low average range, as she performed serial 3's in a slow and

deliberate fashion. Her overall fund of knowledge was adequate. Ms. Price was able to demonstrate

abstract reasoning skills by describing similarities between different objects. She described her typical

mood as being "blah, and at times like a roller coaster." It should be noted that Kathy Price was tearful at

several points during her interview. Judgment skills were defective, as Ms. Price responded that if she

were the first person in a crowded movie theater to see smoke and fire she would "probably freak out."

Insight was incomplete, as the only things Ms. Price could think of that she might need to work on to

improve her life were her anger management and counseling. She denied any history of delusions or

hallucinations. She also denied any past suicide attempts, but indicated that she has previously had

thoughts of suicide and at one point had pills in her hand, but did not take them. Kathy Price denied any

recent suicidal ideation. A review of her past use of drugs and alcohol was included earlier in this report.

She does smoke cigarettes; averaging one and a half to two packs a day. I encouraged Ms. Price to smoke

outside of her home and automobile in order to protect children from exposure to secondhand smoke.

Intelligence test scores on the Slosson Intelligence Test-Revised included a mental age of 16.5 years and

a resulting IQ of 84. This score falls in the Low Average range of intellectual functioning and corresponds

to a percentile rank of 16. It is predicted that Kathy Price's IQ will fall between scores of 77 to 91 at a

confidence level of 95%. Current results are consistent with her reported academic history of having made

mostly B's and C's in school and having graduated in 2006. She did receive special-education support

through most of her school career for math and reading. Ms. Price should have the necessary intellectual

skills to be able to comprehend and potentially benefit from any classes or programs recommended by

CPS.

Validity and clinical scale T scores on the MMPl-2 included the following: L-47, F- 120, K -30, Hs - 63, D

-86, Hy -58, Pd -87, MF -60, Pa -107, Pt -83, Sc -90, Ma -62, Si - 79. Her validity scale patterns

indicated that Kathy Price may be experiencing acute and significant psychological distress. Clinical scales

indicate that she exhibited a general sadness and depressed mood about her life or herself. She may also

be experiencing agitation, anxiety, and anhedonia. Her affect is likely to be blunted or inappropriate. Kathy

Price sees little opportunity for improving her circumstances, which further depresses her mood. She is


easily frightened and generally apprehensive. She currently worries about something or someone. Ms.Price’s feelings are easily hurt and she is inclined to take things hard. She may have a low frustrationtolerance with other people and often has serious disagreements with people close to her. It may makeher angry when people give her advice or hurry her. She also gets angry with herself for giving in to otherstoo much. Ms. Price is likely to be unreliable, egocentric, and may have difficulty learning from pastexperiences and planning ahead. She is also fighting against something, which may be some form ofconflict with family members or with authority figures. These conflicts may not necessarily be acted outovertly, but her rebelliousness and anger toward others can be readily apparent even in these cases.Although Ms. Price may make a good initial impression, the problematic features in her interpersonalrelationships will surface in longer interactions or under stress. Ms. Price is likely to be suspicious, hostile,and hypersensitive. She is socially introverted, shy, and insecure. In addition, she may withdraw from andavoid significant others, which only serves to exacerbate her problems because others might be able tohelp her.

Results of the FIRO-B included the following scores: Expressed Inclusion — 3, Wanted Inclusion — 0,Expressed Control — 2, Wanted Control — 2, Expressed Affection — 1, Wanted Affection - 1. All of thesescores are in the low range. Her low Affection scores mean that she is not only cautious about expressingaffection, but is most comfortable when people do not attempt to become emotionally involved with her.Low scores do not mean that she can never form a close relationship, but rather that it is difficult for herto do so. Her pessimistic orientation towards affection serves to protect her from being hurt. In theInclusion area, she further protects herself by moving away from people. She is uncomfortable aroundmost people, even in casual settings. She is likely to be very selective with whom she does associate. KathyPrice may reject others before they have a chance to reject her. It is only after she can trust anotherperson that she will take the risk of becoming emotionally involved. In the Control area she not only avoidsmaking decisions and taking on responsibility, but is also most comfortable when others do not attemptto control her. While she does not tell others what to do, at the same time she does not want others totell her what to do. She has doubts about her ability to handle new areas of responsibility. Before takingon a new area, she needs to be certain of what she is doing. If she feels pushed or rushed, her level ofanxiety will increase and she may engage in avoidance responses that she has learned.

Statements on the Axis II Checklist are organized into various groups which correspond to the differentpersonality disorders on DSM-lV, Axis II. Ms. Price was asked to answer yes or no to 184 self-descriptivestatements involving possible thoughts, feelings, and behaviors. She indicated as to whether eachstatement was an accurate reflection of herself. Kathy Price had high scores on several personality groups,including the borderline personality, the paranoid personality, and the dependent personality. Some ofstatements on these groups which were endorsed by Kathy Price as being accurate for herself includedthe following: I often act without thinking, I often feel angry, I feel empty or hollow inside, I often feelbored, I feel irritable, I have made suicide threats, I worry that people whom I care about will leave me, Ifeel misunderstood, I spend more money than I can afford, I use alcohol or marijuana, I often feel unsureof who I am or what I want, I have blackouts or lapses in memory, I am impulsive, I am self-punishing, Ihave many enemies, People want to harm me, I am unable to trust others, I have difficulty forgiving others,People pretend to be my friend, Confiding in others is difficult, I often find people annoying, I have tofigure out what others really mean, People are secretly putting me down, I worry about my partner’sfaithfulness, I do not like to be criticized, People talk behind my back. On the dependent personalitycluster, she endorsed these statements: I am not self-confident, I have difficulty making decisions, I oftendo things for others that I really do not want to do, I am afraid of being without someone, I avoid conflictwith others, I distrust my own judgment, I feel useless, I feel inferior, I find it hard to disagree with peopleclose to me, and I pretend to agree with others to avoid being disliked by them.

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E — 39

A projective personality test was given in the form of the House-Tree-Person drawing test. Her drawingof a house included nonessential details, which can indicate hypersensitivity regarding her home andfamily situation, as well as a need to control her primary environment. A small door on the front of herhouse suggested a reluctance to allow access to herself, as well as feelings of inadequacy. The small overallsize of her house indicated a tendency to withdraw, as well as feelings of inadequacy. Her drawing of atree appeared to be that of an apple tree. This can reflect regression, immaturity, and suspiciousness. Anegligent treatment of branches on her tree can indicate unpleasant interpersonal relationships. She drewthe sun in the upper corner of the page, which may reflect inadequacy in relating to authority figures. Thishas also been produced in the drawings of dependent women, which would be consistent with herresponses on the other personality tests. Her drawing of a person omitted the ears, indicating a desire toshut out criticism. Large arms on her drawing may indicate the need for strength and power. Unusually-large eyes can indicate suspiciousness and anxiety. Unusually-large hands may indicate a need tocompensate for feelings of inadequacy. It can also suggest possible impulsivity.

A final projective personality test was the Sentence Completion Inventory. Kathy Price’s responsesindicated that she feels that her past boyfriend seldom “pays attention to me.” When the odds are againsther “I play with kids.” She sees the future as looking “fuzzy.” She stated that her mother “was a decentperson but couldn’t give me what I needed.” Ms. Price would like to forget the time that “I was marriedto Jason Harris.” She believes that she has the ability to “do anything I want to do.” She looks forward to“getting my kids back.” She thinks that most men “are pigs and liars.” Her greatest mistakes were “gettingmy kids taken from me.” She stated that someday “I will travel the world.” If she were young again “Iwould do things differently.” When she was younger she felt guilty about “smoking pot.” She stated thather father “is nothing.” What she wants most out of life “is a good home for my kids.” Her strongestchildhood memory “was my dog.” The worst thing she ever did “was lose myself.” Finally, Kathy Priceindicated that she will “fix everything and make it better.”

DIAGNOSTIC IMPRESSIONS:

Axis I: 296.33 Major Depressive Disorder, Severe, Without Psychotic Features.304.80 Polysubstance Dependence.315.00 Reading Disorder (by History).995.54 Physical Abuse of Child (Victim).995.53 Sexual Abuse of Child (Victim).995.81 Physical Abuse of Adult (Victim, by Partner).

Axis II: V61.21 Neglect of Child.Axis Ill: Deferred.Axis IV: Current stressors: Depression, chemical dependence, and separation

from children.Axis V: GAF = 45 (current).

CONCLUSIONS AND RECOMMENDATIONS:

Results of psychological testing indicate that Kathy Price is currently functioning in the Low Average rangeof intelligence with an IQ of 24, which corresponds to a mental age of 16.5 years and a resulting percentilerank of 16. It is predicted that her lQ will fall between scores of 77 to 91 at a confidence level of 95%.These results are consistent with her reported academic history of having made average grades in school.Ms. Price should have sufficient cognitive skills to be able to comprehend and potentially benefit from anyclasses or programs recommended by CPS. Personality testing indicated that Ms. Price is experiencingsignificant emotional distress characterized by a dysphotic mood, agitation, anxiety, and anhedonia. She

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E-’lO

is likely to have a blunted or inappropriate affect. Kathy Price was tearful at several points during herassessment. She is pessimistic about the opportunity of improving her circumstances, which may increaseher depression. She tends to be hypersensitive to the reactions of others and her feelings are easily hurt.She often feels irritable, angry, and may have disagreements with family members and authority figures.Ms. Price reported that she has problems with attention and concentration and is lacking in self-confidence. She often feels inferior, insecure, inadequate, and has difficultly at times making decisions.She may feel helpless when she has to make some important decisions. Kathy Price has some paranoidthoughts and feelings and may think that strangers are looking at her critically or talking behind her back.Ms. Price is extremely socially introverted and uncomfortable around most other people. At times herbehavior may be unpredictable and inappropriate, which also makes others uneasy around her. She isusually distrustful of others and avoids serious emotional relationships. Ms. Price generally feelsapathetic, isolated, and withdrawn, and believes that no one understands her.

Kathy Price reported that it was recommended for her to enter an outpatient substance abuserehabilitation program by an evaluation completed at Alamo Substance Abuse Services. Results of thisevaluation strongly support that recommendation. If the treatment facility could address the dual issuesof not only substance abuse dependence, but also her mental health issues of Major Depression, thiswould be beneficial. Ms. Price last used alcohol the day before this evaluation and marijuana three daysbefore the evaluation. Ms. Price has apparently made no attempt to discontinue her drug use on her ownor seek the help of family and community support. This is in spite of the fact that she is involved in anopen case with CPS and that they recently removed her children. Her unfortunate response to this hasbeen to intensify her drug use.

Following outpatient substance abuse rehabilitation and treatment for depression, Ms. Price will needcontinued therapeutic treatment in order to learn to live a sober lifestyle. Unfortunately, unless KathyPrice receives and fully participates in the court-ordered services and can maintain an alcohol and drug-free lifestyle with no domestic violence, Kathy Price would be returning to a relationship that would placeher at high risk. She would be at high risk not only for a drug relapse, but also for continued domesticviolence and would be in a place where her children might not be returned. It is hoped that during hertreatment process that her past childhood issues of extensive physical and sexual abuse can be addressedand hopefully resolved. Kathy Price may need long-term individual therapy for the indefinite future. Sheneeds to develop further understanding regarding how her past abuse issues may be impacting herjudgment, substance abuse, relationship choices, and her parenting skills. Kathy Price will also need todemonstrate stable employment, an adequate home, and a sufficient budget to support her children andherself. She will also need to demonstrate the diligence in attending 12-step meetings, utilizing a sponsor,and participating in random drug testing following her release from inpatient treatment. In conclusion,Kathy Price presents with significant personal challenges. These challenges involve her own abuse history,alcohol and drug addiction, and a relationship which involved long-term domestic violence. At this pointher children will continue to be better served in foster care or with an appropriate family member untilsuch time that Ms. Price has successfully completed her services and shown consistent progress in allareas. It is obvious that her service plan should be of sufficient length to ensure that theserecommendations have been realized. With these considerations in mind, Kathy Price’s prognosis for longterm adjustment is seen as guarded.

Paula Psychologist, Ed.D.Licensed Psychologist #21737


Criminal History of Kathy Price

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families 4 2

THE STATE OF TEXAS

COUNTY OF SAN GABRIEL

CAUSE NO. CR 10 M 123

IN THE MUNICIPAL COURT

GREAT CITY

AFFIDAVIT FOR WARRANT OF ARREST AND DETENTION


Assault Bodily Injury (Misdemeanor A)

I, M. Friendly, Affiant, was driving Car 54 on routine patrol in Charlie Sector at 2300 on March 1, 2017 when I received a dispatch of a disturbance at the Great City Pub. Dispatch reported a confrontation between two females outside the bar in the parking lot.

Upon arrival, I witnessed a large crowd of people surrounding two females who appeared to be fighting. I called for back-up and my supervisor. One female with bright orange hair began to cry and screamed that the other female had assaulted her, the black haired woman began to lunge at the victim claiming that "she stole my man and she gets what's coming to her."

I restrained the black haired woman until my back-up arrived. EMS was called as the orange hair female was bleeding from her face and head. After the two females were separated, I spoke to the victim (orange haired woman). She identified herself as Doe Jayn. She stated that she had met a friend of hers at the bar where she had two beers and had been dancing and socializing. One of her friends offered her a ride home. As they were leaving the bar, the defendant jumped from behind a parked vehicle and began to scream at her. The victim reported that the assailant began to swing wildly at her with her fists. Ms. Jayn reported that, at one point, the suspect kicked her in the shin, causing great pain. Jayn further stated that the suspect struck her in the head and face several times. Victim began to become more agitated vowing revenge on the suspect for assaulting her.

I asked Jayn if she knew the other woman. She stated that, while she wasn't certain, she believed that the assailant was the former girlfriend of one of her friends (Ernie Price) who had offered her a ride home. I was unable to interview Price as it appears that he left the scene as soon as the confrontation began.

The undersigned Affiant, who after being duly sworn by me, on oath, makes the following statement:I have good reason to believe and do believe that:

KATHY PRICE DOB 02/14/1990

On or about the 1st day of March 2017, in the incorporated limits of Great City, San Gabriel County, Texas, did then and there commit the offense of:

E-43

I, Joe L'Clerque, County ClerkSan Gabriel County, do hereby certify that this is a true and correct copy assame appears of record in my office.Witness my hand and seal of office on 10/30/20

EMS arrived and evaluated Doo Jayn and determined that she needed to be transported to the emergency room. BEfore transJ)Ort, I provided oo,e Jayn with a copy of mv business card andi requested that she contact the police department to provide a statement.

After Ms. Jayne was transported t spoke with Kathy Price who was seated in the back seat of my p�trol car. I aslc.ed Ms. Price if she wanted to tel I me her side of the stoty. Ms. Price ·began to cry and told me that she had hideed struck Jayti aod only wished she had hit h@r harder. She stated that she had s.u.spec:ted th.;.t her <:ur�nt boyf rlend was seeiriig other women. She :Stated she fol lowed him to the Great City Pub. Wheo she lo,oked into the pub she could see Doe Jayn canoodlfng wlth her boyfriend. She-stated she 1ust wanted to talk to the orange haired woman but when she came out of the bar cozied up to her man with a smirk cH1 he-r face she lost ft.

As. Jayn had made a com plaint of pain, I placed Ka thy Price u ndet arrest for assault with bod nv injury. I secured Ms.. Price in the bac:k of my patrol ear to awatit transport.

Peace Offi-oor in he State of Tex.a$

/ s ,5 l)iJf)

Bond


I, Joe L'Clerque, County Clerk San Gabriel County, do hereby certify that this is a true and correct copy as same appears of record in my office. Witness my hand and seal of office on

_10/30/20_

Sworn and subscribed to before me by the said Affiant on this the 2nd day of March, 2017

On this the 2nd day of March 2016, I hereby acknowledge that I have examined the foregoing affidavit and have determined that probable cause exists for the issuance of warrant for the individual accused therein.

THE STATE OF TEXAS vs ()

NO. C-1-CR- --1.!!._. �;,_Z-_I --IN THE COUNTY COURT AT LAW NO.__,_/-�---

/{a� n·iu.-DEENDANT'S PLEA OF GUILTY. NOLO CONTENDERE, WAIVE:.� & STIPULATION

Now comes the defendant in open Court in the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the following voluntary statement:

1. That I am sane and that I understand the nature of the charges contained in the information in this cause. 2. That the court has advised me orally or in writing of the consequences of a plea of guilty. 3. Thal I have the right lo a trial by jury whether I plead "guilty," "not guilty," or "nolo contendere."4. Thal I have the right to remain silent but if I choose not to remain silent, anything I say can be used against me. 5. Thal I have the right to be confronted by the witnesses against me whether I have a trial before the Court or the jury.

However, I desire to waive and do waive the following rights: 1. Waive the reading of the information. 2. Waive the right to be arraigned. 3. Waive the right of trial by jury and request the consent and approval of the Court and of the attorney for the State to such waiver. 4. Waive my right to remain silent. 5. Waive the right to be confronted with the witnesses against me and request the approval of the Court to the stipulation of evidence

by waiving the appearance, confrontation and cross-examination of witnesses, or by my further consenting to the introduction of testimony and evidence by stipulation into the record by the attorney for the State by oral stipulation, or by affidavit, or by written statements of witnesses and any other documentary evidence.

6. Waive the ten-day period for preparation after appointment of counsel and the ten-day period in which to file written pleadings after arrest.

7. Waive the right to a pre-sentence report and request that none be made.I further understand that any recommendation of the prosecuting attorney as to punishment is not binding on the Court. That where there is a plea bargain agreement and the punishment assessed by the Court does not exceed the agreed recommendation, I do not have the right to appeal without permission of the Court except for those matters raised by written motions filed prior to trial.

FOR DEFERRED ADJUDICATION ONL V

I am aware that at any time during this period of probation, the Courtmayissue a warrant for violation of any of the conditions of this probation and cause me to be arrested. I may be arrested by any probjlionofficer, police officer, or other officer with power of arrest with or without a warrant upon the order of the judge of such cou

�to be otecl on the docket of the court. I may be detained in the county jail or other

appropriate place of detention until I can be taken before th urt. The officer shall report such arrest to the court immediately. I am aware that upon violation of a conditigp.o is probation, I am entitled to a hearing limited to the determination by the court of

Whether it proceeds with an adjudication of gu· -011the original charge. No appeal may be taken from this determination. After an adjudication of guilt. all proceedings, including asses nt of punishment, pronouncement of sentence, granting of probation and my appeal continue as if the adjudication of guilt had not� deferred.

I request the Court to consider probation any sentence imposed, on the issue of punishment agree that the pre-sentence investigation report of Community Supervision & Corrections may be considered by the Court.

I understand that if I am not a citizen of the United States that my plea may result in deportation. the exclusion of admission to this country, or denial of naturalization under federal law. There have been no promises made to me by my defense attorney, the prosecutor or the Court concerning any stay in the United States.

I have (not) been committed to a mental institution (nor do I) (but I do not) presently have mental or emotional problems, and I believe that I am competent lo stand trial and the attorney for the defendant herein acknowledges that counsel believes the defendant is competent and able to assist counsel in the preparation of the defense and that defendant appears to be sane and competent.

I further acknowledge and understand the following admonitions which have been explained lo the defendant by the defense attorney prior to an oral plea of guilty or nolo conlendere. A That the defendant is charged with a Class (--t: misdemeanor which has a punishment range of:

a. by confinement in th�ounty jail for a period of not less than ._ � or more than / g-=- · and a fine not to exceed -�'--FJ:-4-'-;-'tr.'---UO=----------

b. Other·--------------------------------- 1 further understand the admonitions of the Court and I am aware of the consequences of my plea. I herein admit/ do not contest that I committed the acts alleged in the information in this cause. I plead guilty/no contest to the offense of Assault Causes Bodily Injury- Misdemeanor A.My plea is given freely and voluntarily.

�

Cu<l.Y\ < {Qb.. sDATE ATIORNEY FOR DEFENDANT Before the entry of the defendant's plea of guilty or nolo contendere herein, the above requests, waivers and stipulations are herebyconsented to and approved by me, the attorney representing the State. 4-1-17 �.�de_ DATE ATI�ATE

It clearly appearing to the Court that the defendant is mentally competent and is represented by competent counsel and that said defendant understands the nature of the charge against him and that he has been by the court warned of the consequences of a plea of guilty or nolo contendere including the minimum and maximum punishment provided by law, that the attorney for the defendant and the Slate consent and approve the waiver of a trial by jury and stipulations in this case, the Court, therefore, finds such plea of guilty or nolo contendere, waiver, and consent to be freely and voluntarily made and accepts the plea of guilty or nolo contendere and approves the waiver of a jury herein and stipulations.

,,--4-1-17 DATE

I, Joe L'Clerque, County Clerk San Gabriel County, do hereby certify that this is a true and correct copy as same appears of record in my office. Witness my hand and seal of office on: 10-30-20___

4-1-17 ______________________________________________________________________________________ DATE

I have consulted withthe defendat; advised him of his rights, believe him to be mentally competent, and approve the signing of this plea of nolo contendere, waiver of jury, and stiplulations.4-1-17

THE STATE OF TEXAS vs ..

k!ii)t11&1t-f:;

CAUSE NO: e_ - / (!J?:/() ,k 3 � I

§ § § §

OFFENSEDATE: 8- \ - 1IN THE ATLAWNO.

COUNTY , a-, COURT

OF

(1) Commit no offense against the laws of this or any State or of the United States.(2) Avoid injurious or vicious habits. (3) A void the use of all narcotics, habit forming drugs, alcoholic beverages, and controlled substances.( 4) A void persons or places of disreputable or harmful character. (5) Report to the supervision officer as directed by the judge or the supervision officer and obey all orders of the Court and the

rules and regulations of the Community Supervision and Corrections Departmenl (6) Refrain from disorderly conduct, abusive language, or disturbing the peace while present at the office of the Department(7) Permit the Supervision Officer to visit you at your home or elsewhere. (8) Work faithfully at suitable employment as far as possible.(9) Do not change residence without permission and report changes of employment to supervision officer as directed.

(10) Remain within ::5"e,..-...) � a,.\,c,\�ounty [or another county] or State of Texas) unless given permission to departby the Supervision Officer.

( 11) While on community supervision, you must have on your person at all times a current, valid Tex.as Department of PublicSafety photo identification card or a valid Texm: Department of Public Safety photo driver's license. You must obtain this photo identification within thirty (30) days of the date of your community supervision. (12) Support your dependents.

( 13) Submit a urine or breath specimen at the direction of the Supervision Officer and pay all costs if required. ( 14) Pay to and through the Centralized Collections of the County Tax Office, in one lump sum or in inst:allments, as set

forth in the collection schedule, the following: \ a. Court costs $ e, b� d -e.-k r-� .-..a--c:..-b. Fine $ 1 ,, t::> o � · c. Attorney Fees $ ::3 09 ' • Pay to and through the Community Supervision and Corrections Departmenfsrrect CQO>llilty\lftxQ';t#a:te lump sum or

in installments, as set forth in the collection schedule, the following: of record in my office Witness d. Supervision fee of $60.00 per month

:=c?e. Restitution $ !!l.+f'bO f. ___FamilyViorerikcenterFe s100 to --4,L.Q f Jayng. _________________________________ _ All special conditions and court-ordered fees must be paid in full and completed 60 days prior to discharge. If your case is

transferred to another state, supervision fees are to be waived beginning on the date of acceptance of the receiving state and will be reinstated upon rejection of supervision by the receiving state or return of supervision to Texas. (15) Do not operate a motor vehicle without a valid Texas Driver's License and proof of automobile liability insurance.(16) Surrender your driver's license for a term of _______________________ _

I� -4b

. I

7

JUDGMENT OF COMMUNITY SUPERVISIONOn the 1st day of __APRIL__, 2017, this cause was called for trial. The San Gabriel County Attorney, the above named Defendant, and

the Defendant's attorney, EVAN JONS______ appeared and announced ready for trial. The defendant was arraigned and entered a plea of guilty/not guilty/nolo contendere (circle one) to the charge set forth below and waived trial by jury. The Court admonished the Defendant as required, heard Defendant's plea and any evidence admitted thereon, and found that the Defendant is guilty of the offense set forth below.

On the 1st day of __APRIL__, 2017, the Court further found that the ends of justice and the best interests of the public as well as the Defendant will be served by suspending the imposition of the sentence and placing the Defendant on supervision as herein provided.

IT IS FURTHER ORDERED , ADJUDGED, AND DECREED that this Defendant be and is hereby found guilty of the offense of __________ASSAULT "A"_________________________; that the Court assesses punishment at confinement in the County Jail for a period of _1YR__ and a fine of $___600.00__ together with all costs of Court incurred in this cause.

IT IS FURTHER ORDERED , ADJUDGED, AND DECREED that imposition of the foregoing sentence be suspended; that Defendant be placed on supervision for a period of __2 YRS__ from this date; that $___500.00__ of the foregoing fine be probated; and that the supervision granted herein be on the terns and conditions that you Defendant shall:

I, Joe L'Clerque, County Clerk San Gabriel County, do hereby certify that this is a true and correct copy as same appears of record in my office. Witness my

hand and seal of office on _10-30-20___

NAME:�K�e..i....-rL...!...:1-1'--".....--

13_._ ...... i2..;;;...:l:..,,.CE"""::=---------cAusE No: c .. 1 - c R · , c � '3 2 ,

t

ADDITIONAL CONDITIONS OF COMMUNITY SUPERVISION

(17) Participate in, and comply with the rules of the following program(s): a. ___ Electronic Monitoring __________________________ _b. SCRAM for-----------------------:---::----:--:-c. -Ignition Interlock and follow Ignition Interlock Additional Conditions of Community Supervision d. Other-------------------=--=-�---:-:---:--::----:-:--

(18) Complete /00 hours of Community Service Restitution at a place approved and designated by the CommunitySupervision and Corrections Department.

( 19) Report to, cooperate with, and participate in all programs ( until successfully discharged), and pay all costs for the following classes and services:

Assessments: /__ a. _IL_ CSCD Diagnosticb. CSCDTAIPc. __ Family Violence at CES d. __ 1,TCICe. -t,.L1)rug and Alcohol at CES

Classes: / f. _V_ ArAnger Management Program

g. BIPPh. Certified Drug Education Class ( 15 hours) for driver's license reinstatement. i. __ Drunk Driving Panelj. DWI Offender Certified Education Class (12 hrs) and submit proof to DPS within 181 st day after--

this date to prevent driver's license suspension or the refusal of DPS to issue you a license as provided by law.

k. __ DWI Offender Certified Intervention Program (30 hrs) and submit proof to DPS for driver's licensereinstatement.

I. __ Other as detennined by the Supervising Officer m.

(20) Repo11 to the supervision office for an evaluation for the following programs or services and follow therecommendations and pay costs incurred whi]e in the program:

a. --t4scD Counseling Centerb. �Counseling{freatrnent designated by the Supervision Officerc. �-Patient Treatment Program at QA K, VLA-C.G or comparable treatment

program recommended by T AlP and complete aftercare as recommended by the Treatment Provider.

d. __ Out-Patient Treatment Program at or comparable treatment program recommended by T AIP and complete aftercare as recommended by the Treatment Provider.

e. __ Relapse Prevention Programf. __ SMART Residential and Continuing Careg.

(21) Assign�d. to the following specialized unit until th� le:el of supervision is ch \9.f �

l. Joe L'Clerque. County ClerkSan Gabriel County. do herebycerti61 eBWi4P¥o

tbat tbis i� ��

a ti:11e e

aRd ars

Supervision Officer and follow the department gu1dehnes for the caseload: of record in 1-9.v �ffics w·t 5 a. __ Mental Health Unit; participate in assessment for servic��JHH1'1tJ1iJht Sr'offi��w�

treatment provider and follow recommendations; do not paitictpate in chmcal arug stuaies; sign all necessary releases and take all medications as prescribed. /tJ _

30

b. __ Sex Offender Unit and follow Sex Offender Additional Conditions ofCommumty Supervisionc. __ Other Specialized Caseload

( 2 2 ) Register with and remain registered with the , Domestic Relations Office, if ordered by the Court and/or your Community Supervision Officer.


-20

NAME:_.L..k..,...A_._114-�-+�-V ...... { _,_i2__;l::..C�'k=-----:---------CAUSE NO: C:- / .. Ci? -- [6 - 32, J

_023)

__ (24)

�

__ (26) __ (17) __ (28)

ADDITIONAL CONDmONS OF COMMUNITY SUPERVISION

Do not o t�heeking1i'ccount .until approved, in writing, by the Court and/or your Supervision Officer. Have no contact with :t;?o � 3c,., :ti V\ , either in writing, in person, by phone, electronically or through third parties and stay 200 yards fr where· they live work or any place they may be. Show proof of a high school diploma within ninety (90) clays.or obtain GED within __ year(s). Have no contact with gangs or gang members during term of community supervision.

Judge Pres·dfug

(J

Defendant's Receipt

Receipt is hereby acknowledged on the date of entry thereof, of one copy of e above order.

RightThumb

I�

I. Joe·L 'Clcrquc. County Clcr" San Gabriel County. do hereby certif) that this 1s a true and correct cop) as same.ap.pears. •.of record in my office. Witness my hand and seal of office on, I0-30-1O

__ The Court \akes a finding of family violence which occurred agains�


Serve 10 days in the San Gabriel County Jail, beginning ____________ straight time/work release/ weekends/

credit for back time/SWAP Program.

_____ (29) ______________ (30) _________

___4-01-17_______________Date of Sentence

THESTATE OF TEXAS CAUSE NO_

§ § §

IN THE MUNICIPAL< ·1 >UR

The undersigned Affiant. who ofter being duly sworn by me, on oalh, makes the following statement: I have good reason lo believe and do believe that

(Susp<.'CI) __ KG. l&j. R-/ {U!..-- - .(Driver's Licen!;e number) _ 0 z / � / 'f <i' ( _ ·- _ .. ·- {State)

_ (Sex) .r _ (DOB) �((f ( t'f90 7 J( ··------

. did then and there commit the offense of· ·: On or ___________ in the incorporated limits of & ,-ea;:1-· (! j

- - �

Ml,_bclicfofthc fore2oin2 statement is b:iscd upon J/ pers�nal �'?wledge infonnation provided to me by r •:licer

<'ftUJ. 'lea, '),,{- . an officernn'1<ing ru, .&,t'Lf- (?./ fr:/ (!. Q. who personally ob,e.-ved such on .,se.

tf611icer - {!,l,e.,t,£.5 ·,� --. _observedthe aforesaid accuseddriving/�,fiQ&rd Fa,·rlt1.h,,ll-3c;,oo h '1 f.t- lR �-. n,ptib1,c p1ace m. e,.ea.t 6cJ 7;r -I/ Oflicer � (? � � the said accused for the following reason:The vehicle wus observed weaving back and forth as it went northbound on the frontage road. Ofc Bosworth ran a license and rcgistroti\1: ··heel on the vehicle nnd the vehicle came back to having expired registration · • ·

A citizen ____________ ., residing at (City/State only) ____________ identified the:-.. .I

The offense was: ______________________________ _

/f. (describe offense if other than collision)

Oflici:r L t.'eu. $11� -·. observed the said accused at the scene of said offense nnd fonned the opinion the said-1.ccu : wa intoxicated b.iscd upon thefo1lowing conditions exhibited by the said accused;

Clothing: r Disorderly r Soiled

Alcoholic I.leverage Odor: r Strong

Eyes: w(ioodshot rwatery Specrh: �umbled r Slurred

r. Stuttered WFair

Babince: rwobbling r Falling

Attitude: r: Excited r Hilarious

r Slct.-py r Combative

Unusual Artion�: r Hicupping

r Fighting r Restless

Wall..ing: r. Falling fVswaying

Turning: r Falling �waying

PD00148

r Mussed

r Moderate

f'Votassy

r Confused

raood

trswaying

r Talkative

r Indifferent

r Belching

r Laughing

r Staggering

17'7iesitant

r Disarranged �Orderly

r Faint �one

IP."bilated r Constricted

r Not understandable r Mushrnouthed

r Accent r Thick Tongued

r Unsure r Needed Support

!ite

�gn: y� lf.'.ffll!'

�tT);e

mel 1e

crqu( l'Sf

� County

erebCler�

r I ,cky

r ��t thisfis\totltltdnsnd r lying

'1' olRfrf�opy as(S'8tJNeoil�rs r, ,Jing

r s'6t;rfb'jfnird in m>t8n1�ete Witness

r my and and s� of office on,

Staggering Unsure

L0 '30-2 0 /

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families e - i.tCf

DRIVING WHILE INTOXICATED12/15/13

The following field sobriety tests were administered in order to determine impairment of physical and mental facul:.rs: ( test�) P-H0--8JZ.QNTAL <;_�z.� NY.S:J:AGM.USJUGN)

r REFUSE.I!

r L r n - Luck of smooth Pursuit r L r R- Onset ofNystagmus Prior to 4S degrees

J'i;,'\vALK & TUR..'J r Performed as instructed r Rf,;flJSEQ J;,,f: ilcd to touch heel 10 toe

Cl,umcd improperly

fi1'oNJi:_l ... t(j ST ,\M} n Performed as instructed r 1u;1�l1SEQ r;1waycd L Hopped

r7i' am certified to administer the HGN test 17Vision in Both Eyes r7fqual Tracking P"r�ual Pupil .' ·.:

r L r: R - Distinct & Sustained Nystagmus at Maximum Deviation r L r R-Vertical Nystagmus

Iv' Lost balance during instructions r Took wrong# of steps r Stepped ofTline

fi1'used am1s for Balance

r Began before being instrucli:d In sta· fvuscd anns for balance �topped while walking

li?Put foot down

f'v1i.o.M.PERG BAl.,.Al'K_JUAJ�Q-�own DUbi.l!\sad T.!Ii or Modif�...Attentlm!) v."'Estimated 30 seconds as 3;"' seconds r Exhibited __ inch circular sway

r REFUSE� f7'Exhibitcdf-Z. inch sway front to back WExhibited l""'l,, inch sway side to side

r FING_EILTO.l�.QS� r Perfonned as Instructed r REFUS�P. r Failed to touch tip offingcr to tip of nose ___ out of ___ Limes

Field Sobriety Tests Were Not Administered Because (if applicable):--------------------

Collision r Ye� r,;7'No

Medication Taken? r Yes fi1'No

Serious Injury? r Yes r No lfYes, Victim is ___________ _

IfYcs, Whal? _______________________ _

Acwscd in l'nss.:ssion of A>catro't/Drugs J7' Yes r No 1• IL I Describe _ _,__...,.M@:.;..a,c;""""�+-�--=--=-· _ __,,.,C,-i,84:&t.s,.a.£ ..... '-t ... lL.-.._...,i_?_.__ ... llt_....v:.

p�c�� Pre-Arrest Admissions by Accused: 6ht.

� -kt+ Other Field Sobriety Test Administered/Signs of Intoxication other than those stated above, if any): __________ _

Was the motor vehicle occupied by a child younger than 15 years of age? . Yes If yes, quantity and age ___ _

Timcofc:ill: It:?,..\ Ptr-

lntoxilyzer Administered?

PDT(preliminary breath test)

Time eflntoxily.ter/PBT: ---�------

Yes 'No r Refused If yes, Results: _ ___,(2"'-_._I ___ D ______ _r Yes fv'No r Refused lfyes, Results:

-----------

Blood Test,\ ,�nislered? r'es r Refused

i7'No Prr ., 111� n inJ While Intoxicated Convictions? Counties/Dates:------------Swol'II and subscribed 10 itt.ft?r.f� l!, l�'b,!-, Countytlerk � San Gabriel County. do hereby

Peace Officer in the State offJ:jp"fltSl 1hi:3 is a ti ue and

On this, the __ day of • 2012. I hereby acknowledge that I have examineSW��tflci�'aJfil ffaW•'hnlnc,' ·!ial ·.·• uists for the issuance of an arrest warrant for the individual accussed thcrcil\;)f record in my office. Witness.

- _ ,.,.,./ my hand and seal of office on,Milg.i:;1/• t]etr.1 ,idpal Cbtm,

{;I lb - '30 - 20


NO.C-1-CR- Ofo -----00�'1-L---THE STATE OF TEXAS vs

IN THE COUNTY COURT AT LAW NO. (3

Kc.. t-��-:PY""i <-f... DEFENDANTS PLEA OF GUILTY, NOLO CONTENDERE. WAIVER & STIPULATION

Now comes the defendant in open Court In the above entitled and numbered cause represented by his attorney with whom he has previously consulted and makes the foUowing voluntary statement:

1. That I am sane and that I understand the nature of the charges contained in the information In this cause. 2. That the court has advised me orally or in writing of the consequences of a plea of guilty. 3. That I have the right to a trial by jury whether I plead •guilty," "not guilty," or "nolo contendere. • 4. That I have the right lo remain silent but if I choose not to remain silent. anything I say can be used agalnst me. 5. That I have the right lo be confronted by the witnesses against me whether I have a trial before the Court or the jury.

However, I desire to waive and do waive the foUowing rights: 1. Waive the reading of the information. 2. Waive the right to be arraigned. 3. Waive the right of trial by jury and request the consent and approval of the Court and of the attorney for the State to such waiver. 4. Waive my right to remain sllenl 5. Wai.ve the right to be confronted with the witnesses against me and request the approval of the Court lo the stipulation of evidence

by waiving the appearance, confrontation and crosHXamination of witnesses. or by my further consenting to the introduction of testimony and evidence by stipulation into the record by the attorney for the State by oral stipulation, or by affidavit, or by written statements or witnesses and any other documentary evidence.

6. Waive the ten-day period for preparation after appointment of counsel and the ten-day period In which to file written pleadings after arrest

7. Waive the right lo a pre-sentence report and request that none be made. I further understand that any recommendation of the prosecuting attorney es to punishment is not binding on the Courl Thal where there is a plea bargain agreement and the punishment assessed by the Court does not exceed the agreed recommenda6on, I do not have the right to appeal without pennission of the Court except for those matters raised by written motions filed prior to bial.

FOR DEFERRED ADJUDICATION ONLV I am aware that al any time during lhis period of probation, the Court may issue a warrant for violation of any of the comfrtions of this

probation and cause me to be arrested. I may be arrested by any probation officer, police officer, or other officer with power of arrest with or without a warrant upon the order of the judge of such court lo be noted on the docket of the courl I may be detained In the county jail or other appropriate place of detention until I can be taken before the court. The officer shaff report such arrest lo the court immediately.

I am aware that upon violation of a condition of this probation, I am entitled to a hearing limited lo the determination by lhe court of Whether it proceeds with an adjudkation of guilt on the original charge. No appeal may be taken from this determination. After an adjudication of guilt, all proceedings, including assessment of punishmen� pronouncement of sentence, granting of probation and my appeal continue as if the adjudication of guilt had not been deferred.

I request the Court to consider probation any sentence imposed, on the issue of punishment agree that the pre-sentence investigation report of Community Supervision & Corrections may be considered by lhe Courl

I understand that if I am not a citizen of the United Stales that my plea may result in deportation, the exclusion of admission to this country, or denial of naturalization under federal law. There have been no promises made to me by my defense attorney. the prosecutor or the Court concerning any stay in the United Stales.

I have (not) been committed to a mental institution (nor do O (bul I do not) presently have mental or emotional problems, and I believe that I am competent to stand trial and lhe attorney for the defendant herein acknowledges that counsel befieves the defendant is competent and able to assist counsel in the preparation of the defense and that defendant appears to be sane and competenl

I further acknowledge and understand the foDowing admonitions which have been explained to the defendant by the defense attorney prior to an oral plea of guilty or nolo contendere.

Thal the defendant is charged wilh a Class -"P.. misdemeanor which has a punishment range of: a. by confinement in the Travis� for a period of not less than ______________ _

or more than and a fine not to exceed ____________ _

b. Other-------------------------------1 further understand the admonlUons of the Court and I am aware of the consequences of my plea. I herein admit/ do not contest that I commilted the acts alleged in the information in this cause. I plead guilty/no contest to the offense of -------------My plea is given freely and voluntarily.

-a-\ -20d4

DEFEN

I have consulted with the defendant; advised him of h" rig of guilty or nolo contendere, waiver of a jury, and stipulations.

3 -\ -:Z.O�L4 .-DATE

DATE ATT NEYFOR It clearly appearing to the Court that the defendant IS mentally t and is represented by compete

defendant understands the nature of the charge against him and that he has been by the court warned of the con nolo contendere including the minimum and maximum punishment provided by law, that the attorney forc.:,the,...::.:.:,...;,;;;��t

;;;.

and�=-

e:.,.tate��consent��...:.:,..-

-approve the waiver of a trial by jury and stipulations in this case, the Court, therefore, finds such plea of guilty or nolo conlendere, waiver, and consent to be freely and voluntarily made and accepls the plea of guilty or contendere and approves the waiver of a jury herein and stipulations.

DATE

t -'51

DATE

County

said

3-1-2014

3-1-2014

CAUSE NO: (l · I - C /2. - D '-:;, - o o 'l

THE STATE OF TEXAS § § § §

OFFENSE DATE: IN THE COUNTY COURT

AT LAW NO. -1A OF

JUDGMENT OF COMMUNITY SUPERVISION

t-DRIVING WHILE INTOXICATED

On the -l :5 day of_ M ffR.C �1- ·----� 20_14, , this cause was called for trial. The- San,Gabriel County Attorney, the above named Defendant. and the Defendant's attorney, ...... _£:1 tG,. n ,:Io v;J, :;. . .. .. . , appeared and llllllounced ready for trial. The Defendant was anaigned and entered a plea of guilty/not guilr:y/nolo contcndere (clrcle one) to the charge set forth below and waived trial by jury. The Court admonished the Defendant as required, heard !he Defendant's pica and all evidence admitted thereon, and found the Defendant guil�pfthe offense set forth below.

On the ___ c ··- day of-··· M f\'iZ."-1:L. ........ _' 20.14, the Court further found that the ends of justice and the best interests of the public as well as the Defendant will be served by suspending the imposition of the sentence and placing the Defendant on supervision as herein provided.

IT IS TilER.EFORE ORDERED, ADJUDGED AND DECREED that the Defendant be and is hereby found guilty of the offense of Driving While Intmicated, and that this is the�--·· .... / 1; !::< ...... conviction of th.is Defendant, as defined by law, which mav be considered by th.is Court in assess�g the punislunent, which is hereby a.';sesscd at confinement in the Travis Co1111ty Jail for a period of '7{1 cl ,i >, 5 and a fine of$ Zoo q9. together witlraltcoms of Court incurred in th.is cause. I

IT IS FURTHER ORDERED, ADnJDGED AND DE� that the imposition of the foregoing sentence be suspended;

that the Defendant be placed on supervision for a period of_ .L2ff2 _.-:1.{q12 .from this date, that$_. ZC!Q ';-?;:- of the foregoing fine be probated; and that the Community Supervision gran�in be on the terms and conditions that you, the Defendant shall:

(I) Commit no offense against the laws of this or any State or of the United States. (2) Avoid injurious or vicious habits. (3) Avoid the use of all narcotics, habit forming drugs, alcoholic beverages, and controlled substances. (4) Avoid ii=ons or places of disreputable or harmful character. (5) Report to the supervision officer as directad by the judge or the supervision officer and obey all orders of the Cowt and the

rules and regulations of the Community Supervision and Corrections Department. (6) Refrain from disorderly conduct, abusive language, or disturbing the peace while present at the office of the Department. (7) Permit the Supervision Officer to visit you at your home or elsewhere. (8) Work faithfully at suitable employment as far as possible. (9) Do not change residence without permission and report changes of employment to supervision officer as directed.

(10) Remain within County [or another county] or State of Texas) unless given permission to depart by the Supervision Officer.

(11) While on community supervision, you must have on your person at all times a current, valid Texas Department of Public Safety photo identification card or a valid Texas Department of Public Safety photo driver's license. You must obtain this photo identification within thirty (30} days of the date of your community supervision.

(12) Support your dependents. (13) Submit a urine or breath specimen at the direction of the Supervision Officer and pay all costs if required. (14) Pay to and through the Centralized Collections of tht· County Ta:,i; Office, in one lump sum or in installments, as set

forth in the collection schedule, the follow�: a. Court Costs $ th r/)t, d.J!.fct,()ti tv J

I. Joe L 'Clerque. County Cieri,. b. Fine $_ -:Zaa "'Y ······--- . _ . c. Attorney fees $. ·········- _300 <>.fl-··----

San l.1almel County. do hereby Pay to and through the Community Supervision and Corrections DepartmenH:dtify thaOlrimlj,aftmls;iill:t>ne lwnp sum or in installments, as set forth in the coliection schedule, the following: correct copy as same appears

d. Supervision fee of$60.00 per month or record in mv otlice. Witness

�.' Res

�'.ution $--

��------ �o .. . ---==m�-�!?fm_=_·_�_· -----,-

All special conditions and court-ordered fees must be paid in full and completed. (i�C>� t<> <fi.i!.��arge. -�your case is transferred. to another state, supervision fees are to be waived beginning on the date of acceptance of the receiving state and will be reinstated upon rejection of supervision by the receiving state or return of supervision to Te:,i;as. (15) Do not operate a motor vehicle without a valid Texa.s Driver's License and proof of automobile liability insurance. (16) Surrenderyour driver's licensefor a termof . iaO do/,; 5 -20 I l'egc l 2/09


12-15-13

f'ilAME:. __ /,{i_�_f1.y__,__P.�r_i_u.,, ______ cAustNo: C-1- Cl<.. ... Oti -D01

(17)

(18)

(19)

(20)

(21)

(22)

ADDITIONAL CONDmONS OF COMMUNITY SUPERVISION

Participate in, and comply with the rules of the following program(s): a. ___ Electronic Monitoring _________________________ _b. �CRAMfor c. �Ignition Interlock and follow Ignition Interlock Additional Conditions of Community Supervisiond. Other ______________________________ _

Complete � hours of Community Service Restitution at a place approved and designated by the Community Supervision and Corrections Department. Report to, cooperate with, and participate in all programs ( until successfully discharged), and pay all costs for the following classes and services:

Assessments:

a. __.QSCD Diagnosticb. �CSCDTAIP c. __ Family Violence at CES d. �TCJCe. � Drug and Alcohol at CES

Classes: f. __ Angerl\llanagement ProgranJ. g. ___ BIPPh. ______.Certified Drug Education Class (15 hours) for driver's license reinstatementi. __ V_ Drw runk Driving Panelj. �WI Offender Certified Education Class (12 hrs) and submit proof to DPS within 181st day after

this date to prevent driver's license suspension or the refusal of DPS to issue you a license as provided by law.

k. __ DWI Offender Certified Intervention Program (30 hrs) and submit proof to DPS for driver's licensereinstatement

I. __ Other as detennined by the Supervising Officerm. ------------------------------------

Report to the supervision office for an evaluation for the following programs or services and follow the recommendations and pay costs incurred while in the program:

a. __ CSCD Counseling Centerb. __ Counseling/Treatment designated by the Supervision Officer c. __ In-Patient Treatment Program at or comparable treatment

program recommended by 7 AIP and complete aftercare as recommended by the Treatment Provider.

d. __ Out-Patient Treatment Program at or comparable treatment program recommended by T AIP and complete aftercare as recommended by the Treatment Provider.

e. __ Re]apse Prevention Programf. SMART Residential and Continuing Careg. --

I.Joe L'Clerque. County ClerkAssigned to the following specialized unit until the level of supervision is c�iijijiG�HOWaflflAwreby Supervision Officer and follow the department guidelines for the caseload: certify that this is a true and

a. __ Mental Health Unit; participate in assessment for service§�$ TC!6hor •i8natedtreatment provider and follow recommendations; do notqfmtimpitmim�liiflw.dWgISNdies; sign all necessary releases and take all medications as p�.and seal of office on,

b. __ Sex Offender Unit and follow Sex Offender Additional Conditions of Community Supervisionc. __ Other Specialized Caseload

Register with and remain registered with the , Domestic Relations Office. if ordered by the Court and/or your Community Supervision Officer.


10-30-20

Name: ----�__.__u.._thq __ R-'--Y'_._JU� ______ Cause No. _c=----- _( -_e_R-_-_:.,o_�.;_-_6_�_1-___ _

�

__ (25)

__ (26)

__ (27)

__ (28) __ (29) __ (30) __ (31) __ (32)

ADDITIONAL CONDITIONS OF COMMUNITY SUPERVISION

� ,.._ days in the Travis County Jail, beginning ______ ; straight time/work release��ack time. \ �

pen or maintain a checking account until approved, in writing, by the Court and/or your Supervision Officer. Have no contact with either in writing, in person, by phone, electronically or through third parties and stay 200 yards from where they live work or any place they may be. Serve a term of confinement in a State Jail Felony Facility for a period of days/one year, said term to begin on . Obey all rules and regulations and participate in the rehabilitative programs of said facility until discharged from the facility. Show proof of a high school diploma within ninety (90) days or obtain GED within __ year(s). Have no contact with gangs or gang members during term of community supervision.

You are hereby advised that under the law of this State, the Court shall determine the terms and conditions of your community supervision, and may at any time during the period of community supervision, alter or modify the conditions of your community supervision. The Cou11 also has the authority at any time during the period of your community supervision to revoke your community supervision for violation of any of the conditions set out above.

I 1yWitness our signature this day of March---• 20 14.

JudgeP�� We, the undersigned, certify delivery of the Conditions of Community Supervisi� the above named defendant.

CKb-Communit,f Supervision Officer

Defendant's Receipt

I acknowledge receipt of one copy of the Conditions of my Community Supervision which were read to me by my attorney and I understand and agree to obey these Conditions of Community Supervision.

Right Thumb

300 Pagc3


03/11

I, Joe L'Clerque, County Clerk San Gabriel County, do hereby certify that this is a true and correct copy as same appears of record in my office. Witness my hand and seal of office on: 10-30-20

_________________________Defendant

ARREsr

General O.ffenselnformati.on: OR# 2010-456

Operational status: Arrest

Reported on: 03/01/2017

Occurred benveen: 23:00 and 23:30

Submitted by: M. Friendly #12345

Approved on: 03/03/2017

Orig. Unit: #098

Location: Great City Pub

1801 Clara Santa

:Municipality: Great City County: San Gabriel

Felony/:Misdemeanor: M

Bias: No

Value damage: o

FamilyViolence: No

Offenses (Completed/Attempted)

Offense: #1...JA,.Q..Q Assault Bodily Injuty-Completed

Location: Business

Offender suspected of using: Hands/Feet

Weapon: None

ASSAULT NON-F\T


Suspect: Arrested

Name: Kathy Price

DOB: 02/14/1990

Sex: F

Address: 4202 Avenue Z

TDL: 02141981

Victim#i: DoeJayn

DOB: 03/15/1990

Sex: F

Address: 345 :Main Street

TDL: 03151980

Narrati.ve

Officer Friendly was dri,.,ing Car 54 on routine patrol in Charlie Sector, received a dispatch of a disturbance at the Great City Pub. Dispatched reported a confrcntation between two females outside the bar in the parking lot.

Upon arrival I witnessed a large crowd of people surrounding two female who appeared to be fighting. I called for back-up and my supenisor. I gave oral conunands to stop the confrontation ... � elderly male stepped into the fray and separated the women. At that point one female ,\>ith bright orange hair began to cry and screamed that the other female had assaulted her, the black haired woman began to lunge at the victim claiming that ashe stole my man and she gets what's coming to her."

I restrained the black haired woman until my back-up arrived. EMS was called as the orange hair female was bleeding from her face and head After the two females were separated I spoke to the "ictim (orange haired woman). She identified herself as DoeJa}n. She stated that she had met a friend ofhers at the bar where she had two beers and had been dancing and socializing. One of her friends offered her a ride home. As they were lea\.ing the bar the defendant jumped from behind a parked vehicle and began to scream at her. The victim reported that the assailant began to S\\>ing ,\>ildly at her with her fists. Ms. Jayn reported that at one point the suspect kicked her in the shin causing great pain. Ja}n further stated that the suspect strudc in the head and face sa·eral times. Victim began to become more agitated vowing revenge on the suspect for assaulting her.

I asked Ja}n if she knav the other woman. She stated that while she wasn't certain she believed that the assailant was the former girlfriend of one of her friends, the friend (Ernie Price) '"no

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E:"-5b

had offered her a ride home. I was unable to interview Price as it appears that he left the scene as soon as the confrontation began.

EMS arrived and a-aluated Doe Ja}n and determined that she needed to be transported to the emergency room. Before transport, I pro\.ided Doe Ja}n ,-..ith a copy of my business card and requested that she contact the police department to provide a statement.

After Ms. Ja}'ne ,-..a.s transported I spoke with Kathy Price who was seated in the back seat of my patrol car. I asked Ms. Price if she wanted to tell me her side of the story. Ms. Price began to c1y and told me that she had indeed struckJayn and only ,-..ished she had hit her harder. She stated that she had suspected that her current boyfriend was seeing other women. She stated she followed him to the Great City Pub. When she looked into the pub she could see Doe Jayn canoodling with her boyfriend She stated she just ,..,-anted to talk to the orange haired woman but when she came out of the bar cozied up to her man with a smirk on her face she lost it.

As Jayn had made a complaint of pain, I placed Kathy Price under arrest for assault with bodily injury. I secured Ms. Price in the back ofmypatrol car to await transport.

I attempted to get contact information from witnesses at the bar but none of them admitted seeing the confrontation.

During transport to jail, Kathy Price alternated between crying and screaming curses directed tov"-a.rd Doe Jayn. She further began begging to see her children. I made a referral to the CPS hotline as Price did not provide me with infonnation regardingthe location of her children. Please seein car video # 123 for details.

Kathy Price was successfully booked into Great City Jail for assault,..,ith bodily injury. Follow up assigned to sector detective.

NOi


Criminal History of Ryan Smith


GREAT CITY POLICE DEPARTMENT

GENERAL OFFENSE REPORT HARDCOPY

OPEN RECORDS REQUEST

SUSPENDED

General Offense Information

Current Status: Suspended/No Arrest

Reported on: 07 /Ol/19

Occurred: Between 06/30/19 2000hrs and 07 /01/19 700 hours

Report Submitted by: Joe Friday badge no. 007

Location: 123 Broadway

Municipality: Great City County

Felony/Misdemeanoc M

Value damaged: $900

Offenses (Committed/ Attempted)

Offense #1 CRIMINAL MISCHIEF-COMPLETED

Location: Residence

Offender suspected of using: Sharp object

Weapon type: None

Victim#l:

Kathy Price

Sex: F

DOB: 02/12/1990

Address: 123 Broadway

Great City Texas

Phone: Unknown

Aliases: Kathy Harris


CRIMINAL MISCHIEF

E-59

Offense report number--------------

July 1, 2019 at 6:45 I was dispatched to_ 123 Broadway to meet complainant Kathy Price. Dispatch

reported Price called 911 to report someone had "keyed" her car over night.

I arrived at the scene and spoke with Ms. Price who stated that she last used her vehicle last evening

around eight pm to go to the corner store to pick up some grocery items. She reported that after she

arrived home she received a phone call from her acquaintance Ryan Smith. She Stated that Mr. Smith

wanted to come by the house and visit her and her new baby Rose. She stated that the conversation

escalated into a shouting match.

After she hung up on Mr. Smith she put her children to bed and has had no more contact with Mr.

Smith.

She went outside this morning to place her trash can to the curb and discovered her car had been

"keyed.11

© The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families E -to.

stated that she was in fear for her life when Smith had his hands around her neck and the assault caused her pain. Risen stated that she and Smith had lived together for about four months at this residence.

Due to the visible injuries and her complaint of pain I place Ryan Smith under arrest for family violence strangulation a third degree felony.

Affiant

I Affiant on this the I? -£.day of 20 f 2Sworn and subscribed

. to before

:e�

said

(! µ

Peace Officer in the State ofTexas

\\ Magi:�e, Great City, San Gabriel County, Texas

$-�</f02:.c..:::.--# .. __ _

Bond


On this, the 2nd day of July, 2012, I hereby acknowledge that I have examined the foregoing affidavit and have determined that probable cause exists for the issuance of warrant for the individual accused therein.

I, E.F. HUTTON, DISTRICT CLERK SAN GABRIEL COUNTY, DO HEREBY VERTIFY THAT THIS IS A TRUE AND CORRECT COPY AS SAME THAT APPEARS OF RECORD IN MY OFFICE. WITNESS MY HAND AND SEAL ON OFFICE ON THIS10-30-20

ABC Family Counseling Therapeutic Progress Notes on Kathy Price


ABC FAMILY COUNSELING

111 Avenue A

Great City, TX 75000

(987) 995-0450

Client's Name: Kathy Price

Day of Service: February 28, 2020

Length: 1 hour

Clinician: Consuela Counselor

Session Notes:

ID Number:

Medicaid#:

Caseworker:

Modality:

512-461-4991

12-34-56-78

Ms. C. Caseworker

Individual Cognitive Therapy

Goals of Treatment or Ongoing Substantive Therapeutic Issues:

The client will become more accepting of her early childhood experiences and how it affects

her current decision making. The client will increase her self-awareness, self-concept, and

self-esteem. The client will become a more protective parent.

Issues addressed in session today:

Relationships; historical self; sobriety.

Session Summary:

The client began her session by saying that she is a victim of childhood physical and sexual

abuse. She talked about telling her mother at age 8 and that her mother chose not to believe

her. The client talked about her own children. She is clearly bonded to them. However, she

does not appreciate the severity of her choices regarding substance abuse and lack of

attention to the children's basic needs, and the effect of this on the children. Client talked

about her drug history and attributed it to "getting involved with the wrong men" without

taking personal responsibility for her drug use. I encouraged her to see a psychiatrist to

address possible need for psychotropic meds to address anxiety and depression. Client

focused on CPS "having already made up their minds" about her instead of taking

responsibility for her actions.

Strategies and observations:

The client arrived on time and dressed appropriately. She began with rapid speech and was

encouraged to slow down, to moderate effect. The client appears to be hyper, mildly manic.

The client did present good information and appears to be a good historian. Continue to

gather more information and build rapport.

Signature: Date: February 28, 2020

Consuela Counselor


Client's Name:

Day of Service:

Length:

Clinician:


111 Avenue A


(987) 995-0450

Session Notes:

ID Number:

Medicaid#:

Caseworker:

Kathy Price

May 28, 2020

1 hour

Consuela Counselor Modality:

512-461-4991

12-34-56-78

Ms. C. Caseworker






Issues addressed in session today:

Relationships; parenting; sobriety.

Session Summary:

Client began session by saying that she will do what it takes to have her children returned to

her. She spoke caringly about each of her children and what she missed about them. Client

says she is more committed than ever to staying clean and sober. She volunteered that she

has slowed down her alcoholic intake to 3 beers a week, one at a time, from what was once

a 12-pack at a time habit. Client ended session by saying that she was 30 years old and that

she had realized it was time to straighten out her life and be more responsible.


The client appeared involved in the session. She was forthcoming with information about

herself (past traumatization and present struggles). Her self-awareness is increasing. Client is

clearly missing her children. Client was asked to explore her relationship history and her

current relationships with regard to substance abuse and parenting issues. Client was asked

to do a daily reflection regarding her youngest child. Client was given a folder and

encouraged to do her assignments. Good rapport with client has developed.

Signature: Date: May 28, 2020

Consuela Counselor


Client's Name:

Da:y of Service:

Length:

Clinician:


111 Avenue A


(987) 995-0450

Session Notes:

ID Number:

Medicaid#:

Caseworker:

Kathy Price

August 28, 2020

1 hour

Consuela Counselor Modalit:y:

512-461-4991

12-34-56-78

Ms. C. Caseworker






Issues addressed in session toda:y:

Relationships; maintaining sobriety; housing.

Session Summar:y:

Client started by saying that she had just completed mediation in her case, and that it was a

very upsetting experience. Client was unaware that the Department was "so serious about

taking them [her children] away" and that afterwards, she was so afraid that the Caseworker

wouldn't allow her baby to come home with her that Client divulged the name of the baby's

father for the first time. Client is adamant that the baby be placed home with her and claims

that she is "completely ready to take her back forever." Client admits that placement of the

baby with baby's father's family is a distant back-up plan, but "better that Rose be with blood

than with those rich people who think they know all about her."

Client also stated that especially since Mediation, she has been favoring the idea that her

sons could stay in their current relative placements. "At least they are with family." Client

states that her visits with her sons are going well and that she "mostly gets along" with the

kin who are caring for her two eldest children.

Client also stated, "a daughter belongs with her mother. The boys are tougher, but my little

Rose needs to be with her mother. I can take care of one child. You want Rose to go to those

rich people, they aren't even her blood. Family should stay with family. A daughter belongs

with her mother."

Client showed remorse that she had gotten arrested and that the children had been by

themselves while she spent the night in jail.


Client was asked if she had pursued her assignment to do a daily reflection regarding her

youngest child. Client returned the folder with several journal-like entries in it. She said she

would have completed more of them but that it was "exhausting to keep my job, attend

classes, do all those things that the Caseworker thinks I need to do." Client's entries showed

affection for her youngest child and but only moderate insight into the particular

developmental needs of a child of that age.

Client confided that she was very concerned about losing her housing at the end of the

month and how that would predispose the Caseworker to recommend against the youngest

child's placement with Client.

Based on a recent drug test which showed Client's use of marijuana, we discussed whether a

parent who consistently tests positive for marijuana provides a physically and emotionally

safe home and environment for young children. I explained that marijuana is an addictive

substance, and addictive substances have a way of taking a person's attention away from

important matters. Having children takes a lot of work and a lot of attention and creating a

physically and emotionally safe home and environment for them takes a lot of work. Client

agreed and volunteered to increase her NA meetings to one a day for the next month.


Client appeared very involved in our session. She continues to cite benefits from attending.

She has several serious situations going on in her life at present: maintaining sobriety, living

situation, paying her bills, transportation issues with attending the various requirements of

her Service Plan, and especially her pending housing crisis. Client was encouraged to address

these situations in a positive manner. Did relaxation exercise with client. Client seems

committed to making the changes which the Department is requiring of her. However, I am

concerned that if she doesn't secure housing soon that she may be tempted to relapse.

Signature: Date:August28,2020

Consuela Counselor


Email Exchanges Between Caseworker and Kathy Price


1st Email October 2-6, 2020

Caseworker, Conservatorship (DFPS)

From: Kathy Price [[email protected]] Sent: Tuesday, October 6, 2020 10:30 AM To: Caseworker, Ms. Conservatorship (DFPS) Subject: RE: Visit

Sorry. I went out with friends Sunday night, and I guess I overslept.

From: Caseworker, Ms. Conservatorship (DFPS) [mailto:[email protected]] Sent: Monday, October 5, 2020 10:48 AM To: Price, Kathy Subject: RE: Visit

Kathy,

What happened to you today for the visit? We waited for 15 minutes, and you never showed. The

children were very upset especially Ben. You will have to start showing up 15 minutes before the visit

begins, so the children aren't waiting around for you.

Ms. conservatorshiP caseworker. CPS Specialist II

From: Kathy Price [[email protected]] Sent: Friday, October 2, 2020 10:30 AM To: Caseworker, Conservator (DFPS) Subject: RE: Visit

Thank you so much Ms. Caseworker. I am really looking forward to seeing my children on Monday. Wild horses couldn't stop me from going to the visit.

From: Caseworker, Conservatorship (DFPS) [mailto:[email protected]. us] Sent: Friday, October 2, 2020 9:48 AM To: Price, Kathy Subject: Visit

Kathy,

I just wanted to remind you about your visit with the children that is set for 10:00 a.m. on Monday

October 5, 2020 at the CPS office. You have missed several visits, which upset the children, so please

let me know if you cannot make it.

Ms. conservatorshiP caseworker. CPS Specialist II


2nd Email October 16-20, 2020

Price, Kathy

From: Kathy Price [[email protected]]

Sent: Tuesday, October 20, 2020 10:30 AM

To: Caseworker, Conservatorship (DFPS)

Subject: RE: Visit

Thanks. I really enjoyed the visit and am looking forward to my next one. :-)

From: Caseworker, Conservatorship (DFPS) [mailto:[email protected]]

Sent: Monday, October 19, 2020 2:48 PM

To: Price, Kathy

Subject: RE: Visit

Kathy,

The visit this morning went really well. I am very impressed by the fact that you are using what you

have learned in your parenting classes with the children.

Ms. ConservatorshiP Caseworker, CPS Specialist II

From: Kathy Price [[email protected]]

Sent: Friday, October 16, 2020 10:30 AM

To: Caseworker, Conservatorship (DFPS)

Subject: RE: Visit

Thank you so much Ms. Conservatorship Caseworker. I am really lookin forward to seeing my

children on Monday. Wild horses couldn't stop me from going to the visit.

From: Caseworker, Conservatorship (DFPS) [mailto:[email protected])

Sent: Friday, October 16, 2020 9:48 AM

To: Price, Kathy

Subject: Visit

Kathy,

I just wanted to remind you about your visit with the children that is set for 10:00 a.m. on Monday

October 19, 2020 at the CPS office. You have missed several visits, which upset the children, so

please let me know if you cannot make it.

Ms. ConservatorshiP Caseworker, CPS Specialist II


Kathy Price Text to Caseworker


•••OAT&T3G’ 5:18PM

<Messages Kathy Price Contact

Sony I missed the visit with theI kids today. I was at the hospitalI with my friend. She almosti overdosed but she’s okay. See you

next time.

Message Send


Caseworker Text to Kathy Price


•••OC AT&T 3GS’ 1:00PM 85% a;s

<Messages Caseworker Contact

Sony we have to cancel your 2p.m. visit due to the foster parentsschedule.

Gi Message Send


Business Records Affidavit from Great City Hospital


IN THE INTEREST OF:

BEN HARRIS, ROBERT PRICE, ROSE PRICE, CHILDREN

CAUSE NO. D-1-FM-12-000123

§

§

§

§

§

§

IN THE DISTRICT COURT OF SAN GABRIEL COUNTY TEXAS 499TH JUDICIALDISTRICT

BUSINESS RECORDS AFFIDAVIT

BEFORE ME, the undersigned authority, personally appeared Mr. John Records, who,

being by me duly sworn, deposed as follows:

My name is Mr. John Records. I am of sound mind, capable of making this affidavit, and

personally acquainted with the facts herein stated.

I am the custodian of the records of the following entity: Great City Hospital. Attached

hereto are X pages of said entity's records, which have been kept in the regular course of

business, and it was the regular course of business for an employee or representative of said

entity with knowledge of the act, event, condition, option, or diagnosis recorded, to make the

record or to transmit information thereof to be included in such record, and the record was made

at or near the time of the matter or reasonably soon thereafter. The records attached hereto are

the originals or exact duplicates of the original.

__ Mr. John Records

Custodian of Records

SWORN TO AND SUBSCRIBED before me on this date, the 15th day of September 2020.

NOTARY PUBLIC, STATE OF TEXAS


Tab 3Trial Skills Training Building Blocks


Building Blocks DEVELOPED BY

PETER T. HOFFMAN

Spring 2021

1

Author: Peter T. Hoffman

BUILDING BLOCK #1

DIRECT EXAMINATION

At the end of the course you should be able to perform the following with regards to the direct

examination of witnesses:

1. ORGANIZE the direct examination in a persuasive and logical way, usually by:

Accrediting the witness

Setting the Scene

Describing the Action

Filling in Detail

2. Present the fact-finder with an UNDERSTANDABLE STORY by:

Sometimes using a teaser question

Usually telling a chronological story, but sometimes using a topical approach

Utilizing the doctrines of primacy and recency by starting and ending big

Using head notes

3. Keep the fact-finder involved by using an INTERESTING PACE by:

Not letting the story lag or become tedious

Not leaving long pauses between answers and the next question except for dramatic effect

Varying the pace depending on the information being asked about and the mood being created

4. Make the examination PERSUASIVE by:

Tying the story into your case theory and theme

Letting the witness tell the story, not the attorney, by putting the spotlight on the witness

Using primarily nonleading, open-ended questions (Who, What, Where, When, Why, How,

Describe, Explain)

2


Keeping questions simple

Using simple, non-legal, conversational language

Using active language

“Torturing” key points

Using connectors and “looping back”

Anticipating cross examination

Using detail for credibility, not tedium

5. Use an interesting and dynamic STYLE by:

Using your voice for interest and emphasis

Maintaining eye contact

Displaying energy and interest

Not reading your questions, but operating from an outline

Avoiding distracting mannerisms

3


BUILDING BLOCK #2

CROSS EXAMINATION

At the end of the course, you should be able to perform the following with regards to the cross

examination of witnesses:

1. ORGANIZE the cross examination in a persuasive and logical way, usually by:

Arranging the cross examination around the points being made

Gaining any admissions from the witness before attacking the witness’s credibility

Not repeating the direct examination

2. Make the examination PERSUASIVE by:

Making points that support your theory and theme

Asking only questions to which you know the answer and not fishing

Planning questions so that if fishing and the wrong answer is received,

the fact-finder will not notice

Using leading questions and never asking an open-ended question

Asking only factual questions and not asking for opinions and conclusions

Asking for only one fact at a time

Making only big points and avoiding trivial matters

Using simple language and short questions

Building bit-by-bit

“Torturing” key facts

Using headlines

Keeping the cross examination brief

4




Using a dynamic voice and tone

Using gestures as appropriate

Not reading your questions, but working from an outline

Remembering that cross examination does not mean being cross.

5


BUILDING BLOCK #3

FOUNDATIONS

At the end of the course you should be able to perform the following with regards to offering and

opposing the offering of evidence:

1. Proceed through the steps for laying the FOUNDATION for an exhibit:

A. Request permission to approach the witness

B. Have exhibit marked by court reporter if not already pre-marked

C. Show exhibit to opposing counsel

D. Show exhibit to the witness and ask “I show you what has been marked as .........

and ask do you recognize it?”

E. “What is it?”

F. “How do you know that it is ..........”

G. Any magic questions, e.g., “Does this photograph fairly and accurately show the

intersection of Kirby and Mattis as it appeared on the evening of November 30,

2004?”

H. “I offer into evidence ........”

I. Once admitted, publish to the jury.

2. Know how to lay the following foundations (see Mauet p. 176):

A. REAL EVIDENCE

B. CHAIN OF CUSTODY

C. PHOTOGRAPHS

D. BUSINESS RECORDS

E. MAPS, CHARTS & DIAGRAMS

3. Be able to OPPOSE the offering of an exhibit by knowing the role of Voir Dire.

6


4. Be able to review an exhibit to see if it meets the requirements of HARPPO:

H–Hearsay FRE 801

A–Authenticity–FRE 901

R–Relevance FRE 401

P–Personal Knowledge FRE 602

P–Prejudice FRE 403

O–Original FRE 1001

7


BUILDING BLOCK #4

OBJECTIONS

At the end of the course you should be able to perform the following with regards to the

making and meeting of objections:

1. Have a REASON for objecting

2. Decide whether objecting will MAKE IT WORSE

3. Determine whether the objection will be SUSTAINED

4. Make a RECORD for appeal

5. AVOID making the objection in front of the jury

6. Know HOW to object:

A. Stand

B. Be timely

C. State “Objection”

D. Brief statement of grounds

E. Address judge, not opposing counsel

F. Sound confident

G. Approach bench to argue

7. Know how to RESPOND to objections:

A. Request permission to be heard

B. Approach bench to argue

C. Wait for ruling

D. Offer for a limited purpose where appropriate

E. Make a conditional offer where appropriate

F. Make an offer of proof when necessary

G. Rephrase if objection is to the form of the question

H. If objection is overruled, ask question again

8


8. Know BASES for objections (see Mauet p. 471)

9


BUILDING BLOCK #5

IMPEACHMENT


impeachment of a witness:

1. Recognize inconsistencies in the witness’ testimony and decide whether to impeach.

2. Know whether the inconsistency leads to impeachment by prior inconsistent

statement or to impeachment by omission.

3. Know whether you want the jury to adopt the prior inconsistent statement as true

or whether you want it to believe that both the present testimony and the prior

inconsistent statement are false.

4. Know the steps for and be able to do an impeachment by prior inconsistent

statement:

C = CONFIRM the inconsistency.

With an incredulous voice, confirm the previous testimony, e.g., “Are you telling

us that the light was red?”

“In fact, you have testified/said before that the light was green?” OR

Ask what is in the prior inconsistent statement, using the exact language of the

statement, e.g., prior inconsistent statement says the light was red; ask “The light

was red?”

C = CONFRONT the witness with the prior inconsistent statement.

Ask “That hasn’t always been your testimony?” or “You have testified/said in the

past the light was red?”

Hand the statement to the witness and lead witness to admitting it is her

statement.

If deposition, give page and line.

Read the impeaching words to the witness and have witness admit you have read

them correctly.

10


C = CREDIT the prior inconsistent statement.

Build up the accuracy of the statement–internally (under oath, close to time) and

externally (other facts in statement are true)

C = CONTRAST (with caution) the prior inconsistent statement with current

testimony.

“Your deposition does not say the light was red?”

“It says the light was green?”

5. Know that impeachment by omission is the same except that the statement is

credited by building up why the statement should have contained the facts being

testified to today.

6. Know how to rehabilitate a witness who has been impeached.

“Counsel a few moments ago asked you about the color of the light. Is your deposition

accurate?”

“Why isn’t it accurate?”

“What was the color of the light?” OR

Suggest excuses to the witness, e.g., “How were you feeling on the day your deposition

was taken?” OR

Ignore.

11


BUILDING BLOCK #6

EXPERTS


direct examination of expert witnesses:

1. ORGANIZE the direct testimony of the expert:

A. INTRODUCE the expert.

1) “Dr. Jones, would you introduce yourself to the ladies and gentlemen of

the jury?”

2) If unusual field, need to explain. “Dr. Jones, you said you are a mass

spectrometry chemist, what exactly is a mass spectrometry chemist?”

“Is one of the things a mass spectrometry chemist does is to test metal to

see if it has flaws?”

B. Give a TEASER

“Have you been asked to come here today and give your opinion on whether the

rudder attachments in the plaintiff’s plane were defective? Before we get to your

opinion, let’s find out what qualifies you to give this opinion.”

C. QUALIFY the expert.

1) Slant the credentials to the opinion the expert will be giving. Avoid the

category approach.

2) Give as much human interest as possible.

3) Anticipate any cross examination on credentials.

4) Some courts allow resumes to be introduced.

5) May want to hold back some credentials until later in the examination

when they become more relevant. Consider bringing in some of the

credentials at that point of the examination when they become relevant to

what the expert did.

D. TENDER the expert with a flourish with those judges permitting or

requiring tendering.

12


E. Ask for the expert’s OPINION.

1) May want to do basis first.

2) Use a visual if possible.

3) Opinions must be to a reasonable degree of certainty or probability (or

both). Some courts require that this be done through a two-step magic

question: “Dr. Jones, do you have an opinion to a reasonable degree of

certainty/probability as to whether the metal in the rudder connection was

defective? What is that opinion?”

F. Elicit the BASIS FOR THE OPINION.

1) Many different organizational schemes. One possible organization:

a. Usual procedure in arriving at opinion.

b. Why follow that procedure

c. Procedure in this case

d. What found.

e. Significance of findings

2) Use plain and understandable language. Translate any jargon.

3) Encourage powerful, persuasive language.

4) Use examples and analogies.

5) Use internal summaries where long.

6) Avoid narratives unless excellent teacher.

7) Tie into greater authority; point out consensus.

8) Use visuals.

9) Anticipate cross examination.

10) Don’t try to turn jury into experts.

13


G. Explain the DIFFERENCES between your expert and the opponent’s

expert’s opinion.

H. Conclude with OPINION AGAIN–“Having review Dr. Smith’s report, do

you still have the opinion that the metal in the rudder attachment was

defective?”

2 Be able to CROSS EXAMINE the expert.

A. All the RULES OF CROSS EXAMINATION apply to experts in spades.

B. Consider whether to VOIR DIRE on qualifications and basis for opinion.

C. Areas of cross examination:

1. FAVORABLE ADMISSIONS.

2. QUALIFICATIONS and/or LIMITING EXPERTISE.

3. Correctness of ASSUMPTIONS.

4. Varying ASSUMPTIONS.

5. BIASES.

6. Lack of PERSONAL KNOWLEDGE.

7. QUALITY of information relied on.

8. What expert HAS NOT DONE.

9. Selection of data or procedures by OTHERS.

10. ERRORS in calculations.

11. OMISSION of significant facts.

12. LEARNED TREATISES.

D. Avoid cross examination challenging:

1. 1. ANALYSIS or LOGIC.

2. INFERENCES

Adequacy of BASIS FOR OPINION.

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BUILDING BLOCK #7

CASE PLANNING AND TRIAL NOTEBOOK

At the end of the course you should be able to perform the following with regards to

developing a case theory and preparing a trial notebook by:

I. UNDERSTANDING that a case theory is composed of three interrelated parts:

the LEGAL theory, that is the law that entitles you to the relief you are

seeking

the FACTUAL theory, that is the story or facts that satisfy your legal

theory

the PERSUASIVE theory, that is why you should win as a matter of

fairness and justice

the case THEME is a one sentence distillation of your case theory that

appeals to the jurors’ moral values

II. Developing a LEGAL theory by doing the necessary legal research to determine all

possible law governing your case

III. Developing a FACTUAL theory by determining what happened and by using:

Chronologies

Proof Charts

Identifying facts as opposed to conclusions

Thinking about what inferences can be drawn from those facts–both pro

and con

Identifying hard facts versus soft facts

Identifying those factual questions that are in dispute and determining how

to develop further information about the disputed facts

Thinking about the facts as a story or movie script–what should/would

happen in this situation

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Thinking about why a jury should believe your story and not the other

side’s story

IV. Developing a PERSUASIVE theory by thinking about what spin can be put on the

facts, within the context of the law, that will appeal to our sense of fairness and

justice

V. Developing a CASE THEORY that is:

Short, best summarized in one paragraph

Simple

Satisfies the applicable legal theory

Consistent with all undisputed facts, explains all disputed facts in our

favor and refutes all negative facts that need to be refuted, i.e. the case

theory must be plausible

Supported by credible witnesses and evidence that is admissible

Emotionally appealing by satisfying our common sense, our sense of

logic, our sense of justice and our sense of right and wrong

Explains motives

Blames someone

Supported by detail

Tells a story

Organized in such a way that each fact makes succeeding facts

increasingly more believable

Uses impact words and phrases

By the time of trial is limited to one theory

A case theory that YOU believe

VI. Creating a TRIAL NOTEBOOK that contains:

Litigation Plan

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Proof Chart

Key Pleadings

Key Discovery/Deposition Outlines

Trial Brief and Memoranda/Key Statutes

Ideas

To Do List

Pretrial Order

Juror Information and Questionnaires

Voir Dire

Opening Statement

Stipulations

List of Witnesses

Exhibit Chart

Direct Examinations

Cross Examinations

Key Exhibits

Closing Argument

Jury Instructions

Trial Errors List

Common Objections/Outline of Impeachment and Refreshing Memory

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BUILDING BLOCKS #8 & 9

JURY SELECTION

At the end of the course you should be able to perform the following with respect to the

selection of a jury:

1. Identify the GOALS of jury selection:

Establishing the theme of your case

Identifying those prospective jurors who do not satisfy the statutory requirements

for serving or who cannot be fair in considering your case

Identifying fundamental attitudes of prospective jurors

Establishing your credibility

Establishing your leadership role

Educating prospective jurors about the facts of your case

Identifying those prospective jurors with whom you have positive rapport and

those with whom you have negative rapport

2. PREPARE to conduct an effective voir dire by:

Determining the types of persons who are likely to be most receptive to your case

theme and theory

Developing a system to evaluate prospective jurors

Developing a jury questionnaire in complex case and cases involving sensitive or

privacy issues

Studying procedural and statutory rules, local procedures for the particular

jurisdiction and judge.

Determining who conducts the voir dire, time permitted for jury selection, number

of peremptory challenges, bases for challenges for cause and other governing

rules

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3. EXAMINE prospective jurors by:

Asking open-ended questions beginning with who, how, why, explain, etc.

Using understandable language

Looking for non-verbal communication, body language, how prospective jurors

interact with one another, the types of books and magazines they carry with them,

etc.

Listening to answers and following up when necessary

Not embarrassing prospective jurors by asking prying or personal questions in

front of panel or making fun of them

Exposing weaknesses of your case

Establishing credibility

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BUILDING BLOCK # 10

OPENING STATEMENTS

At the end of the course you should be able to perform the following with regards to opening statements:

1. Organize the opening statement around the principles of PRIMACY and

RECENCY, i.e. starting with a concise statement of your theory of the case

and ending on a high note.

2. Start the opening statement with a THEME, i.e. a bumper sticker that

captures the essence of your case theory.

3. Tell a STORY of what happened in the case organized in such a way that it

is:

Short

Simple

Understandable

Uses head notes, rhetorical questions and conclusory sentences to signal

changes in topics

Arranged around your theory of the case

Begins with a theme sentenceBa bumper stickerBcapturing the essence of

your case theory

Puts the listener at the time and place

Explains motives, psychological states, beliefs and feelings

Avoids excessive use of AThe evidence will show . . . .@

Anticipates the other side=s case

Paints with a broad brush avoiding detail except on those points in dispute

where credibility is at issue

Avoids overstatement

Incorporates exhibits and demonstrative aids where appropriate

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Discuss injuries, but avoid dollar amounts

Uses impact words and phrases; avoids legalese and tentative language


Not reading your opening statement or relying excessively on notes

Preparing and rehearsing

Being in the moment, projecting belief


Moving for a purpose

Using appropriate gestures

Being dynamic by projecting energy, varying tone, pace and volume, using pauses

Avoiding distracting mannerisms

5. Avoid ARGUMENT

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BUILDING BLOCK # 11

CLOSING ARGUMENTS

At the end of the course you should be able to perform the following with regards to closing arguments:

1. ORGANIZE the closing argument to:

Tie into your theory and theme

If a defendant, directly challenge the plaintiff’s case

Summarize your evidence in a forceful and persuasive manner

Resolve the hard issues in the case by using the Ablock approach@

Have an emotional appeal and/or an appeal to fairness and justice

Request a verdict at end

2. Use the BLOCK APPROACH that:

Identifies the hard issues in the case, usually contained in the jury charge, with which the jury will

have to grapple in arriving at a decision

Sets off each issue with a conclusory statement or a rhetorical question

Marshals all the evidence in your favor with regards to the issue

Argues why your evidence is persuasive

Identifies evidence in opposition

Argues why opposing evidence is not persuasive

Concludes with resolution of the issue

3. Make the closing argument PERSUASIVE by:

Utilizing the doctrines of primacy and recency

Tying into the case theory and theme

Avoiding overstatement

Using powerful language

As plaintiff, discussing liability before damages; as a defendant, discussing damages

before liability

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Using exhibits and demonstrative aids

Appealing to both logic and emotion

4. ARGUE in the closing argument, including:

Jurors knowledge, experience and common sense

Who can be trusted and believed

1) Witness=s ability and opportunity to observe

2) Witness=s manner and conduct while testifying

3) Witness=s interest, bias and prejudice

4) Relationship between a witness and a party

5) Reasonableness of witness=s testimony, particularly in light of

other evidence in the case

Conflicts in the evidence

What could have happened

Analogies, stories, quotations, parables, references to the Bible

Inferences to be drawn from the evidence

Logic

What was proven and not proven

Failure of a witness to testify

Burden of proof and whether satisfied

Jury instructions, applying the law to the facts

Vivid word pictures

Sarcasm

Emotion, sympathy

Damages

5. Use an interesting and dynamic STYLE by following the style section of the

Opening Statements Building Block.

6. AVOID prohibited conduct:

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Stating personal belief in truthfulness/untruthfulness of evidence, witnesses or merits

Allude to any matter for which there has been no evidence

Misstating the law

Addressing jurors by name

Appealing to passion or prejudice, juror=s personal or social interest, rich versus poor,

local versus out of state

Arguing improper inference from evidence admitted for a limited purpose

Using the Golden Rule

Personal attacks on opposing counsel unsupported by the record

References to insurance

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BUILDING BLOCK 12

PRETRIAL AND TRIAL PROCEDURE

At the end of this course you should be able to perform the following with regards to

preparing and trying a case:

1. PLAN for trial by:

Determining the ORDER OF WITNESSES based on:

- The need for COVERAGE and ORIENTATION

- CREDIBILITY

- TONE/EMOTIONAL IMPACT

- PRIMACY and RECENCY

- Telling a STORY

Preparing a proposed JURY CHARGE

Preparing TRIAL MEMORANDA and BRIEFS

Checking the COURT FILE for completeness

Determining what EXHBITS will be used and preparing necessary copies and

foundations

Deciding on how exhibits can be most effectively PRESENTED to the court or jury

Preparing any DEMONSTRATIVE EXHIBITS and ILLUSTRATIVE AIDS

Using REQUESTS FOR ADMISSIONS and STIPULATIONS to establish authenticity

and admissibility of exhibits

Checking out the courtroom for using TECHNOLOGY

Notifying all WITNESSES of time and place for their testimony

SUBPONAING witnesses when necessary

Scheduling WITNESS PREPARATION sessions

Reviewing LOCAL COURT RULES and learning about the judge’s COURTROOM

RULES

Preparing a TRIAL KIT containing: White Out, Paper Clips (all sizes), Pens (all colors),

Magic Markers and Underliners (all colors), Rubber Bands, Eraser, Aspirin, Stapler &

Staples, Staple Remover, Black Clips, Post Its (all size and colors), Scissors, Hole Punch,

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Index Tabs, Tape, Round Reinforcements, Round Red Dots, Tape Measure, Tissue,

Calculator, Extra Tie (if male), Imwinklereid, Evidentiary Foundations, Tackle Box (to

hold all)

Bringing any MOITONS IN LIMINE and challenges to EXPERT TESTIMONY

Requesting JUDICIAL NOTICE when appropriate

2. Prepare for the PRETRIAL CONFERENCE by:

Creating a WITNESS LIST, EXHIBIT LIST and a PROPOSED PRETIRLA ORDER,

proposed DEPOSITION TESTIMONY, all consistent with the judge’s requirements and

the local court rules

PREMARK exhibits

MEET with opposing counsel to discuss any stipulations, exchange exhibits and creating

a proposed pretrial order

IDENTIFY any concerns or issues about:

- Courtroom procedures

- Conduct of jury selection, making challenges, etc.

- Stating objections

- Handling exhibits

- Using technology, displaying exhibits, etc.

- Demonstrative exhibits and illustrative aids

- Calling witnesses out of order

- Alternate jurors

- Witness sequestration

- Trial schedule

- Jury charge

- Using exhibits in opening

Obtaining settlement AUTHORITY

3. Prepare a TRIAL CHECKLIST that may include:

MOTIONS TO SEQUESTER

Offering STIPULATIONS and agreed upon EXHIBITS

MOTION FOR DIRECTED VERDICT

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RESTING

ORDER of charging jury

trial skills training case materials - Texas Children's Commission

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Transcript of trial skills training case materials - Texas Children's Commission