Preview
Electronically Filed
6/24/2016 3:16:33 PM
Lois Rogers, Smith County District Clerk
Reviewed By: Jennifer Black
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 15-2571-D
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
BELLA CORNETT § SMITH COUNTY, TEXAS
§
A CHILD § 321 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 Aflectmg the Parent-Child Relationship is brought by the Department of Family and
Protective Services (“the Department”), Whose address is 3303 Mineola Highway, Tyler, TX
75702 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 discovery
limitations provided by Rule 190.3, unless modified by order pursuant to Rule 190.5,
Texas Rules of 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
child.
2.2. In accordance with § 15 5.101(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 child has not been the subject 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/0r home state
jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
3. The Child:
The following child is the subject of this suit:
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 1
Name: BELLA CORNETT
Sex: Female
Birth Date: September 7, 2015
Indian Child Status: An inquiry regarding the child or family's possible Indian
ancestry is not complete due to ex parte proceedings or
similar circumstances
4. Parties to be Served
4.]. The mother ofthe child the subject of this suit is:
Party: BRITNEY JAMES
Date of Birth: August 2, 1992
Address: 281 CR 3114, Quitman, TX 75783
4.2. The alleged father ofthe CHILD BELLA CORNETT is:
Party: JAMES CORNETT
Date of Birth: April 30, 1984
Address: 231 S Beckham Ave., Tyler, TX 75702
4.3. To the best of the Department’s knowledge, there are no Court-ordered
conservatorships, guardianships, or other court-ordered relationships affecting the
child the subject of this suit.
4.4. The Attorney General’s office will be served by mail under Rule 2121, Texas Rules
of Civil Procedure at PO. Box 12017, Austin, Texas 78711-2017, pursuant to
§ 102.009(d), Texas Family Code.
5. Interstate Compact on the Placement of Children
A verified statement of compliance with Subchapter B, Chapter 162, Texas Family Code,
as required by § 162.002, Texas Family Code will be filed at a later time should one be
required.
6. Property Owned by the child
No property of consequence is owned or possessed by the child the subject of this suit.
7. Removal ordered by Court
On December 14, 2015 the 321St Judicial District Court of Texas ordered removal of the
children subject to this petition. Said order was entered as a sanction, pursuant to the
Texas Family Code Section 264.203(c), against Respondent Mother, BRITNEY
JAMES, for non-compliance with services ordered in the underlying Petition for Order
to Participate in Services suit filed by the Department on June 23, 2015.
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 2
8. Reasonable Efforts to Reunify Family
8.]. The Department made reasonable efforts, consistent with time and circumstances
prior to the child’s removal and prior to the placement of the child in foster care,
to prevent or eliminate the need for removal of the child and the Department has
made reasonable efforts to make it possible for the child to return home.
8.2. The Department will make reasonable efforts to eliminate the need for the child’s
removal and to enable the return of the child to the parent.
9. Request for Permission to Take Possession of Child in an Emergency
9.1. There is an immediate danger to the physical health or safety of the child, or the
child has been the victim of neglect or sexual abuse. Continuation in the home
would be contrary to the child’s welfare. There is no time consistent with the
physical health or safety of the child for a full adversary hearing, and reasonable
efforts, consistent with the circumstances and providing for the safety of the child
were made to prevent or eliminate the need for removal of the child.
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 child 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 child as
provided in Chapter 262 and § 105.001(a)(1) and (h), Texas Family Code.
1 1. Required Information
1 1.1. The Department requests that each Parent, Alleged Father or Relative of the child
before the Court provide the full name and current address or whereabouts and
phone number of any absent parent of the child the subject of this suit pursuant to
Rule 194, Texas Rules of Civil Procedure and §262.201, Texas Family Code.
1 1.2. The Department requests that each Parent, Alleged Father or Relative of the child
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 child the subject of this suit with whom the
Department may place the child 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 child the subject of this suit
furnish information sufficient to accurately identify that parent’s net resources and
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 3
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 child the subject of this suit
provide to the Department and the Court evidence of health insurance available
for the child, 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 child, 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 child, 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 child provide any information
regarding whether the child has Native American heritage and identify any Native
American tribe with which the child may be associated and provide all available
family history information relevant to determination of Indian child status on
request.
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 4
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: JAMES CORNETT
12.1. The Department requests the Court to determine whether JAMES CORNETT is
the father of BELLA CORNETT, 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 JAMES CORNETT 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. JAMES CORNETT, 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
child is in fact the biological father of the child 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
render temporary 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 child, 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 child, pursuant to § 266.004, Texas Family Code;
13.2. a provision authorizing the Department or its employee or designee to consent to
medical care of the child, pursuant to § 266.004, Texas Family Code;
13.3. a provision pursuant to §154.001(b), Texas Family Code, ordering the parents of
the child to make payments for the temporary support of the child, pending final
disposition of this suit, these child support payments to be Withheld from their
disposable earnings;
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 5
13.4. a provision that any child support ordered to be paid for the support of the child
BELLA CORNETT as a result of any prior court orders be ordered to be
redirected and paid to the Texas Department of Family and Protective Services.
13.5. a provision restricting the parents’ possession and access to the child the subject
of this suit;
13.6. a provision ordering the parents of the child to submit to the Department the Child
Placement Resources Form required under § 261.307, Texas Family Code;
13.7. a provision ordering the parents of the child 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;
13.8. 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;
13.9. 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 Child
14.1. Conservatorship
14.1.1. Pursuant to §§ 153.005 and 263.404, Texas Family Code, if the child
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 child; if the child 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 child.
14.1.2. Pursuant to § 153.131, Texas Family Code, the appointment of a parent as
permanent managing conservator 0f the child is not in the child's best
interest, because the appointment would significantly impair the child's
physical health or emotional development.
14.1.3. Pursuant to § 153.191, Texas Family Code, the appointment ofa parent as
permanent possessory conservator of the child isnot in the best interest of
child and parental possession or access would endanger the physical or
emotional welfare of the child.
14.1.4. If conservatorship is awarded under this section, the application of the
guidelines for possession and access to the child, as set out in §§ 153.311,
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 6
et seq., Texas Family Code, would not be in the child’s best interest. The
parents of the child, as possessory conservators of the child, should have
limited access to and possession of the child, under conditions and
restrictions prescribed by the Court for the best interests of the child.
14.2. Support
14.2.1. Each parent should be ordered to make payments for the support of the
child 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 child
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 child 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 BRITNEY JAMES’S Parental Rights
If reunification with the mother cannot be achieved, the Court should terminate the
parent-child relationship between BRITNEY JAMES and the child the subject of this
suit under Chapter 161, Texas Family Code, because termination of the parent-child
relationship is in the child’s best interest and BRITNEY JAMES has committed one or
more ofthe following acts or omissions:
15.1. 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;
15.2. 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;
15.3. 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;
15.4. 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 mother; (2) the mother has not regularly Visited or
maintained significant contact with the child; and (3) the mother has demonstrated
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 7
an inability to provide the child with a safe environment, pursuant to
§ 161.001(b)(1)(N), Texas Family Code;
15.5. 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 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)(0), Texas Family Code;
16. Termination of Alleged Father JAMES CORNETT’S Parental Rights
The Department requests that the Court terminate the parent-child relationship between
JAMES CORNETT, the alleged father, and BELLA CORNETT, a child the subject of
this suit, under § 161.002, Texas Family Code, if any of the following is shown:
16.1. After being served with citation, he has not responded by timely filing an
admission of paternity or a counterclaim for paternity under Chapter 160;
16.2. He has not registered with the paternity registry under Chapter 160, Texas Family
Code; or
16.3. 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 JAMES CORNETT appears and is established as the father, or is determined to be the
presumed father, the Court should terminate the parent-child relationship between
JAMES CORNETT and the CHILD BELLA CORNETT under Chapter 161, Texas
Family Code, because termination of the parent-child relationship is in the child’s best
interest and JAMES CORNETT has committed one or more of the following acts or
omissions:
16.4. 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;
16.5. 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;
16.6. 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;
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 8
16.7. 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;
16.8. 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)(0), Texas Family Code;
16.9. 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 3 controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code;
17. Attorney Ad Litem and Guardian Ad Litem for the Child
17.]. The immediate appointment of an attorney ad [item for the child is required by
§ 107.012, Texas Family Code.
17.2. The immediate appointment of a guardian ad [item to represent the interests of the
child is required by § 107.011, Texas Family Code.
17.3. Petitioner would show the Court that the Department possesses information which
may be essential to the work of the attorney ad [item and guardian ad Iitem, 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
child the subject of this suit to the attorney ad [item and guardian ad [item is in the
best interests of the child, 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 [item 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.
Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321
Suit Affecting the Parent-Child Re‘ationship ASAP 2013
Page 9
18. Attorneys for Parents and Respondents; Payment of Attorney Ad Litem Fees and
Expenses
18.1. 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 [item 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.
18.2. Parent with Mental or Emotional Illness or Deficiency
If termination of parental rights is sought due to the inability of a parent to
provide for the physical, emotional, and mental needs of the child due to mental
or emotional illness or deficiency, the appointment of an attorney ad litem to
represent the parent is required by § 161.00303), Texas family Code.
18.3. Other Parents Entitled to Appointment of Attorney Ad Litem
18.3.1. If a parent isserved 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 [item for the absent parent is required by § 107.013, Texas
Family Code.
18.3.2. If the Court finds that the parent is a minor, the Department requests that
the Court appoint an attorney ad [item to represent the interests of the
minor parent pursuant to § 107.010, Texas Family Code.
18.4. Payment of Fees for Attorneys Ad Litem
The Department requests that attorney’s fees for any attorney ad [item be assessed
and paid in accordance with § 107.015, Texas Family Code.
19. 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 child with a safe environment.
Petition for Protection of a Child, for Conservatorship, and for Termination
in 15-2571-D / 321
SuitAffecflng the Parent-Child Re‘ationship ASAP 2013
Page 10
20. Prayer
20.1. 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.
20.2. The Department prays that the Court immediately grant emergency orders in
conformity with the allegations of this petition.
20.3. The Department prays for attorney’s fees, expenses, and costs.
20.4. The Department prays for general relief.
Respectfully Submitted,
gw’MW
EMIL MELCHIOR MIKKELSEN
Attorney for Petitioner,
Department of Family and Protective Services
200 East Ferguson Street, Suite 209
Tyler, Texas 75702
email: emikkelsen@smith-county.corn
phone: (903) 590-1725
fax: (903) 590-4630
State Bar # 24092833
Petition for Protection of a Child, for Conservatorship, and for Termination
in 15-2571-D / 321
SuitAffecflng the Parent-Child Re‘ationship ASAP 2013
Page 11
Preview
Electronically Filed 6/24/2016 3:16:33 PM Lois Rogers, Smith County District Clerk Reviewed By: Jennifer Black NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 15-2571-D IN THE INTEREST OF § IN THE DISTRICT COURT OF § BELLA CORNETT § SMITH COUNTY, TEXAS § A CHILD § 321 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 Aflectmg the Parent-Child Relationship is brought by the Department of Family and Protective Services (“the Department”), Whose address is 3303 Mineola Highway, Tyler, TX 75702 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 discovery limitations provided by Rule 190.3, unless modified by order pursuant to Rule 190.5, Texas Rules of 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 child. 2.2. In accordance with § 15 5.101(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 child has not been the subject 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/0r home state jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. 3. The Child: The following child is the subject of this suit: Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 1 Name: BELLA CORNETT Sex: Female Birth Date: September 7, 2015 Indian Child Status: An inquiry regarding the child or family's possible Indian ancestry is not complete due to ex parte proceedings or similar circumstances 4. Parties to be Served 4.]. The mother ofthe child the subject of this suit is: Party: BRITNEY JAMES Date of Birth: August 2, 1992 Address: 281 CR 3114, Quitman, TX 75783 4.2. The alleged father ofthe CHILD BELLA CORNETT is: Party: JAMES CORNETT Date of Birth: April 30, 1984 Address: 231 S Beckham Ave., Tyler, TX 75702 4.3. To the best of the Department’s knowledge, there are no Court-ordered conservatorships, guardianships, or other court-ordered relationships affecting the child the subject of this suit. 4.4. The Attorney General’s office will be served by mail under Rule 2121, Texas Rules of Civil Procedure at PO. Box 12017, Austin, Texas 78711-2017, pursuant to § 102.009(d), Texas Family Code. 5. Interstate Compact on the Placement of Children A verified statement of compliance with Subchapter B, Chapter 162, Texas Family Code, as required by § 162.002, Texas Family Code will be filed at a later time should one be required. 6. Property Owned by the child No property of consequence is owned or possessed by the child the subject of this suit. 7. Removal ordered by Court On December 14, 2015 the 321St Judicial District Court of Texas ordered removal of the children subject to this petition. Said order was entered as a sanction, pursuant to the Texas Family Code Section 264.203(c), against Respondent Mother, BRITNEY JAMES, for non-compliance with services ordered in the underlying Petition for Order to Participate in Services suit filed by the Department on June 23, 2015. Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 2 8. Reasonable Efforts to Reunify Family 8.]. The Department made reasonable efforts, consistent with time and circumstances prior to the child’s removal and prior to the placement of the child in foster care, to prevent or eliminate the need for removal of the child and the Department has made reasonable efforts to make it possible for the child to return home. 8.2. The Department will make reasonable efforts to eliminate the need for the child’s removal and to enable the return of the child to the parent. 9. Request for Permission to Take Possession of Child in an Emergency 9.1. There is an immediate danger to the physical health or safety of the child, or the child has been the victim of neglect or sexual abuse. Continuation in the home would be contrary to the child’s welfare. There is no time consistent with the physical health or safety of the child for a full adversary hearing, and reasonable efforts, consistent with the circumstances and providing for the safety of the child were made to prevent or eliminate the need for removal of the child. 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 child 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 child as provided in Chapter 262 and § 105.001(a)(1) and (h), Texas Family Code. 1 1. Required Information 1 1.1. The Department requests that each Parent, Alleged Father or Relative of the child before the Court provide the full name and current address or whereabouts and phone number of any absent parent of the child the subject of this suit pursuant to Rule 194, Texas Rules of Civil Procedure and §262.201, Texas Family Code. 1 1.2. The Department requests that each Parent, Alleged Father or Relative of the child 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 child the subject of this suit with whom the Department may place the child 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 child the subject of this suit furnish information sufficient to accurately identify that parent’s net resources and Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 3 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 child the subject of this suit provide to the Department and the Court evidence of health insurance available for the child, 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 child, 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 child, 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 child provide any information regarding whether the child has Native American heritage and identify any Native American tribe with which the child may be associated and provide all available family history information relevant to determination of Indian child status on request. Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 4 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: JAMES CORNETT 12.1. The Department requests the Court to determine whether JAMES CORNETT is the father of BELLA CORNETT, 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 JAMES CORNETT 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. JAMES CORNETT, 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 child is in fact the biological father of the child 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 render temporary 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 child, 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 child, pursuant to § 266.004, Texas Family Code; 13.2. a provision authorizing the Department or its employee or designee to consent to medical care of the child, pursuant to § 266.004, Texas Family Code; 13.3. a provision pursuant to §154.001(b), Texas Family Code, ordering the parents of the child to make payments for the temporary support of the child, pending final disposition of this suit, these child support payments to be Withheld from their disposable earnings; Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 5 13.4. a provision that any child support ordered to be paid for the support of the child BELLA CORNETT as a result of any prior court orders be ordered to be redirected and paid to the Texas Department of Family and Protective Services. 13.5. a provision restricting the parents’ possession and access to the child the subject of this suit; 13.6. a provision ordering the parents of the child to submit to the Department the Child Placement Resources Form required under § 261.307, Texas Family Code; 13.7. a provision ordering the parents of the child 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; 13.8. 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; 13.9. 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 Child 14.1. Conservatorship 14.1.1. Pursuant to §§ 153.005 and 263.404, Texas Family Code, if the child 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 child; if the child 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 child. 14.1.2. Pursuant to § 153.131, Texas Family Code, the appointment of a parent as permanent managing conservator 0f the child is not in the child's best interest, because the appointment would significantly impair the child's physical health or emotional development. 14.1.3. Pursuant to § 153.191, Texas Family Code, the appointment ofa parent as permanent possessory conservator of the child isnot in the best interest of child and parental possession or access would endanger the physical or emotional welfare of the child. 14.1.4. If conservatorship is awarded under this section, the application of the guidelines for possession and access to the child, as set out in §§ 153.311, Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 6 et seq., Texas Family Code, would not be in the child’s best interest. The parents of the child, as possessory conservators of the child, should have limited access to and possession of the child, under conditions and restrictions prescribed by the Court for the best interests of the child. 14.2. Support 14.2.1. Each parent should be ordered to make payments for the support of the child 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 child 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 child 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 BRITNEY JAMES’S Parental Rights If reunification with the mother cannot be achieved, the Court should terminate the parent-child relationship between BRITNEY JAMES and the child the subject of this suit under Chapter 161, Texas Family Code, because termination of the parent-child relationship is in the child’s best interest and BRITNEY JAMES has committed one or more ofthe following acts or omissions: 15.1. 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; 15.2. 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; 15.3. 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; 15.4. 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 mother; (2) the mother has not regularly Visited or maintained significant contact with the child; and (3) the mother has demonstrated Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 7 an inability to provide the child with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code; 15.5. 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 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)(0), Texas Family Code; 16. Termination of Alleged Father JAMES CORNETT’S Parental Rights The Department requests that the Court terminate the parent-child relationship between JAMES CORNETT, the alleged father, and BELLA CORNETT, a child the subject of this suit, under § 161.002, Texas Family Code, if any of the following is shown: 16.1. After being served with citation, he has not responded by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160; 16.2. He has not registered with the paternity registry under Chapter 160, Texas Family Code; or 16.3. 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 JAMES CORNETT appears and is established as the father, or is determined to be the presumed father, the Court should terminate the parent-child relationship between JAMES CORNETT and the CHILD BELLA CORNETT under Chapter 161, Texas Family Code, because termination of the parent-child relationship is in the child’s best interest and JAMES CORNETT has committed one or more of the following acts or omissions: 16.4. 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; 16.5. 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; 16.6. 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; Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 8 16.7. 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; 16.8. 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)(0), Texas Family Code; 16.9. 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 3 controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code; 17. Attorney Ad Litem and Guardian Ad Litem for the Child 17.]. The immediate appointment of an attorney ad [item for the child is required by § 107.012, Texas Family Code. 17.2. The immediate appointment of a guardian ad [item to represent the interests of the child is required by § 107.011, Texas Family Code. 17.3. Petitioner would show the Court that the Department possesses information which may be essential to the work of the attorney ad [item and guardian ad Iitem, 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 child the subject of this suit to the attorney ad [item and guardian ad [item is in the best interests of the child, 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 [item 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. Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 Suit Affecting the Parent-Child Re‘ationship ASAP 2013 Page 9 18. Attorneys for Parents and Respondents; Payment of Attorney Ad Litem Fees and Expenses 18.1. 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 [item 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. 18.2. Parent with Mental or Emotional Illness or Deficiency If termination of parental rights is sought due to the inability of a parent to provide for the physical, emotional, and mental needs of the child due to mental or emotional illness or deficiency, the appointment of an attorney ad litem to represent the parent is required by § 161.00303), Texas family Code. 18.3. Other Parents Entitled to Appointment of Attorney Ad Litem 18.3.1. If a parent isserved 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 [item for the absent parent is required by § 107.013, Texas Family Code. 18.3.2. If the Court finds that the parent is a minor, the Department requests that the Court appoint an attorney ad [item to represent the interests of the minor parent pursuant to § 107.010, Texas Family Code. 18.4. Payment of Fees for Attorneys Ad Litem The Department requests that attorney’s fees for any attorney ad [item be assessed and paid in accordance with § 107.015, Texas Family Code. 19. 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 child with a safe environment. Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 SuitAffecflng the Parent-Child Re‘ationship ASAP 2013 Page 10 20. Prayer 20.1. 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. 20.2. The Department prays that the Court immediately grant emergency orders in conformity with the allegations of this petition. 20.3. The Department prays for attorney’s fees, expenses, and costs. 20.4. The Department prays for general relief. Respectfully Submitted, gw’MW EMIL MELCHIOR MIKKELSEN Attorney for Petitioner, Department of Family and Protective Services 200 East Ferguson Street, Suite 209 Tyler, Texas 75702 email: emikkelsen@smith-county.corn phone: (903) 590-1725 fax: (903) 590-4630 State Bar # 24092833 Petition for Protection of a Child, for Conservatorship, and for Termination in 15-2571-D / 321 SuitAffecflng the Parent-Child Re‘ationship ASAP 2013 Page 11