# Fourth Court of Appeals

San Antonio, Texas

July 11, 2022

N o. 04

- 22

- 00341

- CV

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

From the 131st Judicial District Court

, Bexar County, Texas

Trial Court No. 2021

- PA

- 00518

Honorable Mary Lou Alvarez , Judge Presiding

Original Mandamus Proceeding 1

ORDER

Sitting: Patricia O. Alvarez , Justice

Irene Rios , Justice

Liza A. Rodriguez , Justice 2

On June 7, 2022, the trial court held a hearing resulting in the oral rendition of an order

and a subsequent draft order titled “ Progress Report Order ” (the June 7 order). On June 9, 2022,

the Department filed a petition for writ of mandamus complaining about the June 7 order. The

Department also filed a motion for temporary emergency relief asking this court to stay: the June

7 order, “any new or revised orders to the same effect,” and any proceedings that would have

coercive or punitive effect, including sanctions. On J une 13, 202 2, real party in interest Ad Li tem

filed a response to the Department’s mandamus petition and a response to the Department’s

motion for emergency relief

. We granted the Department’s temporary emergency motion in part

and invited responses from respondent a nd real parties in interest.

On July 5, 2022, the trial court held a hearing resulting in the oral rendition of an order

and a subsequent draft order titled “Progress Report Order” (the Ju ly 5 order).

We ORDER the Department to file, on or before July 21, 202 2 : (1) the trial court’s

signed written order, and (2) the transcript of the July 5 , 2022 hearing.

On July 9, 2022, the Department filed a n amended petition for writ of mandamus

complaining about the July 5 order. The Department also filed a second motion for temporary

emergency relief asking this court to stay: the July 5 order, “any new or revised orders to the

1 This proceeding arises out of Cause No. 2021

- PA

- 00518 , styled In the Interest of M.T.M.S., a Child , pending in the

131st Judicial District Court

, Bexar County, Texas

. T he Honorable Mary Lou Alvarez presiding over the order at

issue.

2 Justice Rodriguez did not participate in this order.same effect,” and any proceedings tha t would have coercive or punitive effect, including

sanctions.

After considering the Department’s amended mandamus petition and second motion for

temporary emergency relief

, t his court believes a serious question concerning the mandamus

relief sought requ ires further consideration. See T EX

. R. A PP

. P. 52.8(b). R espondent and r eal

p ar ties in i nterest may file a response to the amended petition in this court no later tha n July 26,

2022

. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

We GRANT IN PART the second motion for temporary emergency relief as follows:

1. The following decretal paragraphs in the trial court’s July 5 order are

STAYED pending further order of this court:

3. 2

. IT IS ORDERED that the ICPC is expedited for placement at Youth

for Tomorrow in Virginia.

3. 5

. IT IS ORDERED the Department is to pay for one of either Alana

Pearsall, Katy Stout, or Christina Brockway expenses to go with the child

to the Youth for Tomorrow Placement.

3. 6

. IT IS ORDERED that all interviews for M.T.M.S. placements are to

be with caseworker and any Department staff, and at least one of the

following: Alana Pearsall, Katy Stout, or Christi na Brockway

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

paragraphs 3. 2 ., 3. 5 ., or 3. 6 . in the July 5 order are STAYED pending further order of

this court.

3. All orders rendered in this court’s June 14, 2022 order remain in effect.

4. Th is court may initiate contempt proceedings if respondent fails to abide

by this order.

It is so ORDERED on July 11, 2022

.

PER CURIAM

ATT ESTED T O:

______________________

MICHAEL A. CRUZ

, CLERK OF COURT