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NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA 202' APR 5 PH 3 '82
21 -o734-D
CAUSE No. 21- -1)
IN THE INTEREST 0F § IN TIIE DISTRICT COURT OF
§
C.S. § SMITH COUNTY, TEXAS
§
CHILDREN § 321ST JUDICIAL DISTRICT
DISCOVERY CONTROL PLAN
Pursuant to Rule 190.4, Texas Rules Of Civil Procedure, the Court nds that the following
discovery control plan has been tailored tothe circumstances of this suit for the protection
Ofa child as set forth in this order. The following order shall apply to this case unless
modied by this Court. Any issue not specically addressed in this order Shall be governed
by the Texas Rules of Civil Procedure. The Court ORDERS that discovery shall be
conducted as follows:
1. Discovery Period
Except as Otherwise provided, all discovery must be conducted during the discovery period,
which begins 0n the date of the rst permanency hearing held in this case pursuant to
§ 263.304, Texas Family Code, or when termination of parental rights is plead (whichever
is rst in time), and continues until thirty days before the date set for trial. Failure to
respond to outstanding requests by the due dates established in this scheduling order shall
subject the party tO applicable discovery sanctions.
2. Required Information
In itsOrder for Protection of a Child in an Emergency, this Court ordered Respondent
parties to provide information essential to the progress of this case; responses pursuant to
that order are due no later than thirty days from the date Ofthat order. Discovery provisions
Of this order do not supersede or modify the requirements of the said temporary orders.
3. Release of Condential Information
The Court nds that it is in the best interest of the child(ren) the subject of this suit, is
essential to the administration Ofjustice, and isnot likely to endanger the life or safety of
any person, torelease certain documents used or developed inthe course ofan investigation
Discovery Control Plan 321 ST
Page1 ASAP 04
—.-—_
.
or in the provision of services to the child(ren) by the Texas Department of Family and
Protective Services (the “Department”) and made condential by §26I.201 of the Texas
Family Cbde‘, to the Attorneys of record involved in this matter, the child(ren)’s attorney
ad litem and the child(ren)’s guardian ad litem.
However, the Court nds that'disse‘mination of foster- parent informationcoul'd threaten the _
safety of said‘foster families and/or the child(ren) placed With them; therefore, any and all
records to be provided” by the Department to a Respondent Parent, or an Intervenor, shall
be redacted of any and all foster parent information.
IT IS ORDERED that Petitioner, the Department,‘provide the following documents (with
foster‘ parent information redacted) to Respondent Parent’s Attorney(s), Child(ren)’s
Attorney ad [item and Child(ren)’s Guardian ad litem) as'follows:
o the Investigation Report in the current case;
'0 '-
thc Child(ren)’s records, including but not limited to, medical, dental,
psychological/psychiatric and/or educational records;
IT IS FURTHER ORDERED that the Department provide a redacted copy the case le
at least forty-ve (45) days before trial if the Department is not seeking family
"
reunication.
'IT'IS ORDERED.:that Home Studies of Foster Placements for the subj ect Child(ren) may
be provided to a Respondent Parent’s Attorney by the Department without the redaction of.
fosterparent information, but the Respondent Parent’s Attorney shall not further distribute
said document to any other person except by further order of this Court:
. IT IS ORDERED that identifying information pertaining to a'foster parent-of (a) Child(ren)
shall be redacted by'the-Department from Medical Consent and- Educational Consent Forms
[before said documents are'led with the Court.
IT IS FURTHER ORDERED that Petitioner, the Texas Department of and
Family
Protective Services, provide copies of any and alldocumentation relating to services a
i ' Respondent Parent was ordered to complete. pursuant to the Family Plan of Service to the
following parties:
'
/ .
0 the Attorney who represents the parent whom the documentation is in regard to
0 the Ghild(ren)’s Attorney ad litem(_s)
'
o the Child(ren)’s Guardian ad litem(s)
IT IS,IFURTH'ER ORDERED that the Petitioner, The Texas Department of Family and
Protective Services shall make any video/audio taped statements oftheir respective client’s
child(r'en) who is/are the subj ect of this suit available for Viewing ONLY by the parties to
the suit upon request and reasonable notice. “Parties to the Suit” include the following:
the Parent’s Attorney(s), Child(ren)’ s Attorney ad [item and Guardian ad litem. Said
‘
Discovery Canto]Plan 3218T
Page 2 ASAP“
viewing will occur at the local Texas Department ofFamily and Protective Services Office
located at 3303 Minoela Highway, Tyler, TX 75702. No copying or' reproduction of any
.audio
or video taped statement by counsel shall occur ex'cept by further Order ofthis Court.
Requests for Disclbsure
Each party shall be permitted to propound requests for disclosure pursuant to Rule 194,
Texas Rules of Civil Procedure, within the specied discovery period but no later than
thirty days before theend of the specied discovery period.
Requests for Admissions
Each party shall be permitted to propound requests for admissions pursuant to Rule 198,
Texas Rules of Civil Procedure, within the speciedrdiscovery period but no later than
thirty days before the end of the specied discovery period.
Requests for Production
Pursuant to rule 196.6, Texas Rules of Civil Procedure, the cost of copying items-produced
will be borne by the requesting party. Each party shall propound a request for production
within the specied discovery period but no later than thirty days before the end of the
specied discovery period. ,
Interrogatories
Each party mayserve no more than 2-5 written interrogatories on another party. Each party
shall. propound a requeSt for interrogatories within the specied discovery period but no
later than thirty days before the end of the specied discovery period.
Depositions upon Oral-Examination
8.1. Eachrside may have no more than 6 hours in oral depositions to examine and cross-
examine each deposition witness. Notice shall ‘be given at least ten days in advance
o'f the deposition.
8.2. Pursuant to Rule 199.2, Texas Rules of Civil Procedure, depositions may be taken
'
by oral examination of fact witnesses no later than the end of the specied
discovery period.
8.3. . Pursuant to Rule 199.2, Texas Rules of Civil Procedure, depositions may be taken
by Oral examination of each expert witness reasonably promptly after the witness
is designated, .as provided by Rule 195.3, Texas Rules of Civil Procedure.
Physical and Mental Examinations
Respondent parties may be required to submit to physical and mental examinations at any
time during the pendeney of this suit, not to be limited by the discovery period otherwise
set forth herein. Respondent parties may be required to submit to scientic testing for the
!
I
"Discovery Conal 32181’
PI'an
Page a ASAPO4
purpose of establishing parentage at any time during the pendency of this suit, not to be
limited by the discovery period otherwise set forth herein.
10. Jury Request
A party requesting ajury trial shall submit a le-markedjury request to Rosie Rogers and
miter Blac|_(, Court Coordinators for the 321" Jaw] District Court, I00 N.
Broadway, Tyler, 7X 75771 Phone: (903) 590-1602; Fax: (903) 590-1606; said jury
request must be presented to the 3215‘ no less than thirty days prior to the date set for trial.
11. Designation of Expert Witnesses
Each party, if requested pursuant to TRCP 194.2(f), shall submit the names of said experts
no later than thirty days before the date set for trial.
12. Amendment of Pleadings
No party shall be permitted to amend or supplement pleadings later than seven days before
the date set for trial, except as permitted by the Texas Rules of Civil Procedure.
13. Pre-Trial Motions
All pre-trial motions shall be led no later than seven days before the date of the pre-trial
conference.
l4. Modification
Provisions for and limitations of any aspect of discovery as described herein may be
modied by court order or by agreement of the parties in compliance with Rule ll and
Rule l9] , Texas Rules of Civil Procedure.
WARNING
§ 40.005 of the Texas Human Resources Code provides that a person who is
authorized t0 receive condential information shall maintain its condentiality and
shall prevent disclosure of the information to a person who is not authorized to receive
the information. It is a Class A misdemeanor to disclose, without authorization,
condential information contained in the Texas Department of Family and Protective
Services records, papers, les or communications.
SIGNED this g day of
Z%kil
Discovery Control Plan 321ST
Page 4 ASAPM
Preview
' : . “ WM”" . t w 5‘. .‘1 NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 202' APR 5 PH 3 '82 21 -o734-D CAUSE No. 21- -1) IN THE INTEREST 0F § IN TIIE DISTRICT COURT OF § C.S. § SMITH COUNTY, TEXAS § CHILDREN § 321ST JUDICIAL DISTRICT DISCOVERY CONTROL PLAN Pursuant to Rule 190.4, Texas Rules Of Civil Procedure, the Court nds that the following discovery control plan has been tailored tothe circumstances of this suit for the protection Ofa child as set forth in this order. The following order shall apply to this case unless modied by this Court. Any issue not specically addressed in this order Shall be governed by the Texas Rules of Civil Procedure. The Court ORDERS that discovery shall be conducted as follows: 1. Discovery Period Except as Otherwise provided, all discovery must be conducted during the discovery period, which begins 0n the date of the rst permanency hearing held in this case pursuant to § 263.304, Texas Family Code, or when termination of parental rights is plead (whichever is rst in time), and continues until thirty days before the date set for trial. Failure to respond to outstanding requests by the due dates established in this scheduling order shall subject the party tO applicable discovery sanctions. 2. Required Information In itsOrder for Protection of a Child in an Emergency, this Court ordered Respondent parties to provide information essential to the progress of this case; responses pursuant to that order are due no later than thirty days from the date Ofthat order. Discovery provisions Of this order do not supersede or modify the requirements of the said temporary orders. 3. Release of Condential Information The Court nds that it is in the best interest of the child(ren) the subject of this suit, is essential to the administration Ofjustice, and isnot likely to endanger the life or safety of any person, torelease certain documents used or developed inthe course ofan investigation Discovery Control Plan 321 ST Page1 ASAP 04 —.-—_ . or in the provision of services to the child(ren) by the Texas Department of Family and Protective Services (the “Department”) and made condential by §26I.201 of the Texas Family Cbde‘, to the Attorneys of record involved in this matter, the child(ren)’s attorney ad litem and the child(ren)’s guardian ad litem. However, the Court nds that'disse‘mination of foster- parent informationcoul'd threaten the _ safety of said‘foster families and/or the child(ren) placed With them; therefore, any and all records to be provided” by the Department to a Respondent Parent, or an Intervenor, shall be redacted of any and all foster parent information. IT IS ORDERED that Petitioner, the Department,‘provide the following documents (with foster‘ parent information redacted) to Respondent Parent’s Attorney(s), Child(ren)’s Attorney ad [item and Child(ren)’s Guardian ad litem) as'follows: o the Investigation Report in the current case; '0 '- thc Child(ren)’s records, including but not limited to, medical, dental, psychological/psychiatric and/or educational records; IT IS FURTHER ORDERED that the Department provide a redacted copy the case le at least forty-ve (45) days before trial if the Department is not seeking family " reunication. 'IT'IS ORDERED.:that Home Studies of Foster Placements for the subj ect Child(ren) may be provided to a Respondent Parent’s Attorney by the Department without the redaction of. fosterparent information, but the Respondent Parent’s Attorney shall not further distribute said document to any other person except by further order of this Court: . IT IS ORDERED that identifying information pertaining to a'foster parent-of (a) Child(ren) shall be redacted by'the-Department from Medical Consent and- Educational Consent Forms [before said documents are'led with the Court. IT IS FURTHER ORDERED that Petitioner, the Texas Department of and Family Protective Services, provide copies of any and alldocumentation relating to services a i ' Respondent Parent was ordered to complete. pursuant to the Family Plan of Service to the following parties: ' / . 0 the Attorney who represents the parent whom the documentation is in regard to 0 the Ghild(ren)’s Attorney ad litem(_s) ' o the Child(ren)’s Guardian ad litem(s) IT IS,IFURTH'ER ORDERED that the Petitioner, The Texas Department of Family and Protective Services shall make any video/audio taped statements oftheir respective client’s child(r'en) who is/are the subj ect of this suit available for Viewing ONLY by the parties to the suit upon request and reasonable notice. “Parties to the Suit” include the following: the Parent’s Attorney(s), Child(ren)’ s Attorney ad [item and Guardian ad litem. Said ‘ Discovery Canto]Plan 3218T Page 2 ASAP“ viewing will occur at the local Texas Department ofFamily and Protective Services Office located at 3303 Minoela Highway, Tyler, TX 75702. No copying or' reproduction of any .audio or video taped statement by counsel shall occur ex'cept by further Order ofthis Court. Requests for Disclbsure Each party shall be permitted to propound requests for disclosure pursuant to Rule 194, Texas Rules of Civil Procedure, within the specied discovery period but no later than thirty days before theend of the specied discovery period. Requests for Admissions Each party shall be permitted to propound requests for admissions pursuant to Rule 198, Texas Rules of Civil Procedure, within the speciedrdiscovery period but no later than thirty days before the end of the specied discovery period. Requests for Production Pursuant to rule 196.6, Texas Rules of Civil Procedure, the cost of copying items-produced will be borne by the requesting party. Each party shall propound a request for production within the specied discovery period but no later than thirty days before the end of the specied discovery period. , Interrogatories Each party mayserve no more than 2-5 written interrogatories on another party. Each party shall. propound a requeSt for interrogatories within the specied discovery period but no later than thirty days before the end of the specied discovery period. Depositions upon Oral-Examination 8.1. Eachrside may have no more than 6 hours in oral depositions to examine and cross- examine each deposition witness. Notice shall ‘be given at least ten days in advance o'f the deposition. 8.2. Pursuant to Rule 199.2, Texas Rules of Civil Procedure, depositions may be taken ' by oral examination of fact witnesses no later than the end of the specied discovery period. 8.3. . Pursuant to Rule 199.2, Texas Rules of Civil Procedure, depositions may be taken by Oral examination of each expert witness reasonably promptly after the witness is designated, .as provided by Rule 195.3, Texas Rules of Civil Procedure. Physical and Mental Examinations Respondent parties may be required to submit to physical and mental examinations at any time during the pendeney of this suit, not to be limited by the discovery period otherwise set forth herein. Respondent parties may be required to submit to scientic testing for the ! I "Discovery Conal 32181’ PI'an Page a ASAPO4 purpose of establishing parentage at any time during the pendency of this suit, not to be limited by the discovery period otherwise set forth herein. 10. Jury Request A party requesting ajury trial shall submit a le-markedjury request to Rosie Rogers and miter Blac|_(, Court Coordinators for the 321" Jaw] District Court, I00 N. Broadway, Tyler, 7X 75771 Phone: (903) 590-1602; Fax: (903) 590-1606; said jury request must be presented to the 3215‘ no less than thirty days prior to the date set for trial. 11. Designation of Expert Witnesses Each party, if requested pursuant to TRCP 194.2(f), shall submit the names of said experts no later than thirty days before the date set for trial. 12. Amendment of Pleadings No party shall be permitted to amend or supplement pleadings later than seven days before the date set for trial, except as permitted by the Texas Rules of Civil Procedure. 13. Pre-Trial Motions All pre-trial motions shall be led no later than seven days before the date of the pre-trial conference. l4. Modification Provisions for and limitations of any aspect of discovery as described herein may be modied by court order or by agreement of the parties in compliance with Rule ll and Rule l9] , Texas Rules of Civil Procedure. WARNING § 40.005 of the Texas Human Resources Code provides that a person who is authorized t0 receive condential information shall maintain its condentiality and shall prevent disclosure of the information to a person who is not authorized to receive the information. It is a Class A misdemeanor to disclose, without authorization, condential information contained in the Texas Department of Family and Protective Services records, papers, les or communications. SIGNED this g day of Z%kil Discovery Control Plan 321ST Page 4 ASAPM