Fourth Court of Appeals

San Antonio, Texas

No. 04-22-00175-CV

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Original Mandamus Proceeding1

ORDER

Sitting: Rebeca C. Martinez, Chief Justice

Luz Elena D. Chapa, Justice 

Liza A. Rodriguez, Justice

Following a March 16, 2022 hearing, the trial court signed an order on March 25, 2022 

entitled “Further Orders of the Court as to E.H. Following Child Without Placement Hearing” 

(referred to as the “March 16 order”). On March 28, 2022, the Relator filed a petition for writ of 

mandamus complaining of the March 16 order. Relator also filed a motion for temporary 

emergency relief asking this court to stay: the March 16 order, “any new or revised orders to have 

the same effect,” and “the trial court from taking punitive and coercive action to enforce the 

provisions of [the March 16] order, including but not limited to incarceration and monetary 

sanctions.”

On March 29, 2022, we granted the motion for temporary emergency relief in part as 

follows:

1. The following decretal paragraph in the trial court’s March 16 order rendered on March 

16, 2022 and signed on March 25, 2022 is STAYED pending further order of this court:

2.3 IT IS ORDERED that the Texas Department of Family and Protective 

Services is to identify and execute a child specific contract for any or all child 

placing agencies with therapeutic foster homes that can meet the child’s needs. 

The Department is to provide a list of all the potential placements identified by 

March 21st, 2022 at noon to the child’s attorney, educational surrogate/guardian 

ad litem and CASA volunteer.

1

 This original proceeding arises out of Cause No. 2013-PA-01215, styled In the Interest of E.H., A Child, pending 

in the 288th Judicial District Court, Bexar County, Texas. The Honorable Mary Lou Alvarez signed the order at 

issue in this proceeding.

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2. Any further proceedings regarding the creation of contracts or the payment 

of funds pertaining to a child-specific contract for E.H. are STAYED pending 

further order of this court. (emphasis added).

3. Any contempt proceedings, sanctions, or any enforcement of decretal 

paragraph 2.3 in the March 16 order are STAYED pending further order of this 

court.

On April 5, 2022, relator filed a second motion for temporary emergency stay arising 

out of an April 4, 2022 hearing held by the trial court regarding placement and a child specific 

contract for the child E.H. Relator represents that at the conclusion of the hearing, the trial 

court orally rendered the following orders:

3.2 IT IS ORDERED that a representative of the child specific contract division of the 

Texas Department of Family and Protective Services contact [sic] a staffing with leadership of 

Perimeter Healthcare, Youth Opportunity, Acadia Healthcare and Kidlink agencies regarding 

the child [E.H.]. Additionally, they are to conduct a staffing with placements that work with 

autistic youths . . . [and] identify what homes are in the state of Texas and surrounding states 

for autistic youths . . . The report of the outcomes of the staffings need to be submitted by April 

13, 2022 at 9 am. The Texas Department of Family and Protective Services is to secure the 

attendance of the individual who conducted each of the staffings . . . who needs to be present at 

the hearing on April 13th, 2022 at 11 a.m.

3.3 IT IS ORDERED that the address of Gina Kothe-Gibson needs to be given to ADA 

by 9 a.m. on April 5, 2022 who is to relay the information to the Court and to the attorneys so 

that the Court may issue a Capias.

3.4 IT IS ORDERED that the Department is to secure director of Arrow Child and 

Family Ministries or the person from that agency who authorized prior placement payment rate 

of the previously proposed foster family. This person is to be identified and their contact 

information is to be provided for purposes of scheduling a deposition by April 13, 2022 at 10 

a.m.

4.1 The Court determines that this case shall be set for the continuance of this hearing 

regarding the placement of the child and a status hearing regarding the Texas Department of 

Family and Protective Services’ compliance with the orders from today to be held on April 13, 

2022 at 11:00 a.m. ....

We hereby GRANT the relator’s “Second Motion for Temporary Emergency Relief” in 

part and ORDER that sections 3.3 and 3.4 are temporarily STAYED until the transcript of the 

April 4, 2022 hearing and a signed copy of the written order are filed in this Court and until 

further order of this Court. We further ORDER relator to obtain a signed written order by the 

trial court and the reporter’s record from the April 4, 2022 hearing and file both in this Court 

within ten (10) days from the date of this order.

Relator’s “Motion for Review of Further Orders” requesting this Court to void the trial 

court’s April 4, 2022 order is DENIED.

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It is so ORDERED on April 12, 2022.

PER CURIAM

ATTESTED TO:__________________________

 MICHAEL A. CRUZ, 

 CLERK OF COURT

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