Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:After the Texas Department of Family and Protective Services conducted an administrative hearing, the department removed two children from foster placement. The foster parents filed suit asking the trial court to name them managing conservators of the children. The trial court denied the foster parents possession of the children, because by contract the department could remove the children from the home without cause and because the children, by the time of the hearing, had been out of the foster home for over a year. The trial court, however, directed at the department some strongly-worded negative findings, ruled the department’s administrative findings against the foster parents were unfounded, and entered a number of orders. The department appeals, asserting that, once the trial court found the foster parents lacked standing, the trial court had no subject-matter jurisdiction to exonerate them or to order the department’s records expunged. HOLDING:Affirmed. Pursuant to Texas Family Code 102.003(a)(12), the foster parents had standing. The trial court erred in concluding they had none. Even if the foster parents had no standing to seek conservatorship of the children, the trial court clearly has a continuing statutory duty to oversee the children’s case, including the department’s supervision of them. “The Department appears to be taking the position that the trial court’s review may be focused on only the actions of parents or foster parents toward the child, not the Department’s actions that affect the child. The statute makes no such distinction, and there is no more reason to permit an agency to act outside the best interest of a child than to allow a parent to do so. Accordingly, the actions taken by the trial court fall well within the ambit of its explicit and implicit authority to review this type of proceeding, and it is clear from the court’s findings that, in doing so, it was properly performing its duty to [the children].” OPINION:Morriss, C.J.; Morriss, C.J., Ross and Carter, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.