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FILED
ey ace me
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
OCT 27 2017
CAUSE NO. 15-2571-D
2tst DIST. COURY 2 nEPy
yang
IN THE INTEREST OF INT. AE GU
B.C. SMITH COUNTY, TEXAS
A CHILD 321 JUDICIAL DISTRICT
ORDER OF TERMINATION
On October 26, 2017, the Court heard this case.
1 Appearances
11 The Department of Family and Protective Services (“the Department”) appeared
through GERALDINE KINCAID, caseworker, and by attorney, EMYL
MELCHIOR MIKKELSEN and announced ready.
1.2 Respondent Mother BRITNEY JAMES appeared through attorney of record
ALICIA BARKLEY and announced ready.
13. Respondent Presumed Father CHRISTOPHER CORNETT appeared by
attorney of record JEREMY COE and announced ready.
1.4 KAREN BRETZKE, appointed by the Court as Attorney and Guardian Ad
Litem for the child the subject of this suit, appeared and announced ready.
1.5 Also appearing was SCOTT ELLIS appointed Guardian Ad Litem for the
respondent father.
Jurisdiction and Service of Process
2.1. The Court, having examined the record and heard the evidence and argument of
counsel, finds the following:
2.1.1, a request for identification of a court of continuing, exclusive jurisdiction
has been made as required by Section 155.101, Texas Family Code,
2.1.2. this Court has jurisdiction of this case and of all the parties and that no
other court has continuing, exclusive jurisdiction of this case.
2.2. The Court, having examined the record and heard the evidence and argument of
counsel, finds that the State of Texas has jurisdiction to render final orders
regarding the child the subject of this suit pursuant to Subchapter C, Chapter 152,
Texas Family Code, by virtue of the fact that Texas is the home state of the child.
Order of Termination ASAP 2014
Page4
2.3. The Court finds that all persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
Record
The record of testimony was duly reported by the court reporter for the 321 Judicial
District Court of Smith County.
The Child
The Court finds that the following child is the subject of this suit:
Name BELLA CORNETT
Sex: Female
Birth Date: September 7, 2015
Present Residence: Foster Home
Driver’s License Number: Wa
Termination of Respondent Mother BRITNEY JAMES’S Parental Rights
6.1. The Court finds by clear and convincing evidence that termination of the parent-
child relationship between BRITNEY JAMES and the child the subject of this suit
is in the child’s best interest.
6.2. Further, the Court finds by clear and convincing evidence that BRITNEY
JAMES has:
6.2.1. 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 an inability to provide the child
with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family
Code;
6.2.2. 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
§ 161.00(b)(1)(O), Texas Family Code;
Order of Termination ASAP 2014
Page2
6.3 IT IS THEREFORE ORDERED that the parent-child relationship between
BRITNEY JAMES and the child the subject of this suit is terminated.
6.4 In accordance with §161.001(c), Texas Family Code, the Court finds that the
order of termination of the parent child relationship as to BRITNEY JAMES is
not based on evidence that BRITNEY JAMES:
64.1. homeschooled the child;
6.4.2. is economically disadvantaged;
6.4.3. has been charged with a nonviolent misdemeanor other than:
6.4.3.1. an offense under Title 5, Penal Code;
6.4.3.2. an offense under Title 6, Penal Code; or
6.4.3.3. an offense that involves family violence, as defined by §71.004
of this code;
6.4.4, provided or administered low-THC cannabis to a child for whom the low-
THC cannabis was prescribed under Chapter 169, Occupations Code; or
6.4.5, declined immunization for the child for reasons of conscience, including a
religious belief.
6.5 In accordance with §161.001(d), Texas Family Code, the Court finds that
BRITNEY JAMES did not prove by a preponderance of evidence that
BRITNEY JAMES: (1) was unable to comply with specific provisions of a court
order; and (2) the parent made a good faith effort to comply with the order and the
failure to comply with the order is not attributable to any fault of the parent.
Termination of Respondent Father CHRISTOPHER CORNETT’S Parental Rights
71. The Court finds by clear and convincing evidence that termination of the parent-
child relationship between CHRISTOPHER CORNETT and the child BELLA
CORNETT, is in the child’s best interest.
7.2. Further, the Court finds by clear and convincing evidence that CHRISTOPHER
CORNETT has:
7.2.1. 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;
73 IT IS THEREFORE ORDERED that the parent-child relationship between
CHRISTOPHER CORNETT and the child BELLA CORNETT is terminated.
Order of Termination ASAP 2014
Page 3
74. In accordance with §161.001(c), Texas Family Code, the Court finds that the
order of termination of the parent child relationship as to CHRISTOPHER
CORNETT is not based on evidence that CHRISTOPHER CORNETT:
TAA. homeschooled the child;
74.2. is economically disadvantaged;
743 has been charged with a nonviolent misdemeanor other than:
743.1. an offense under Title 5, Penal Code;
743.2. an offense under Title 6, Penal Code; or
7.43.3. an offense that involves family violence, as defined by §71.004
of this code;
TAA. provided or administered low-THC cannabis to a child for whom the low-
THC cannabis was prescribed under Chapter 169, Occupations Code; or
TAS. declined immunization for the child for reasons of conscience, including a
religious belief.
Interstate Compact
The Court finds that Petitioner has filed a verified allegation or statement regarding
compliance with the Interstate Compact on the Placement of Children as required by
§ 162.002(b)(1) of the Texas Family Code.
Managing Conservatorship: BELLA CORNETT
9.1. The Court finds that the appointment of the Respondents as permanent managing
conservator of the child is not in the child's best interest because the appointment
would significantly impair child's physical health or emotional development.
9.2. IT Is ORDERED that the DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES is appointed Permanent Managing Conservator of
BELLA CORNETT, a child the subject of this suit, with the rights and duties
specified in § 153.371, Texas Family Code; the Court finding this appointment to
be in the best interest of the child.
9.2.1. In addition to these rights and duties, IT IS ORDERED that the
Department is authorized to consent to the medical care for BELLA
CORNETT under § 266.004, Texas Family Code.
10. Required Information Regarding the Parties and Child
10.1. The child’s information is provided above; the information required of each party
not exempted from such disclosure is:
Order of Termination ASAP 2044
Page 4
10.1.1. Name BRITNEY JAMES
Driver’s License
Current address 281 CR 3114, Quitman, TX 75783
Home telephone number: (903) 638-3213
Name of employer:
Address of employment:
Work telephone number
10.1.2. Name CHRISTOPHER CORNETT
Driver’s License
Current address
— Tyler, TX 75702
Home telephone number:
Name of employer
Address of employment
Work telephone number
10.2. JT IS ORDERED that each parent, who has not previously done so, 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.
i Continuation of Court-Ordered Ad Litem or Advocate
11.1. The Court finds that the child the subject of this suit will continue in care and this
Court will continue to review the placement, progress and welfare of the child.
11.2, IT IS THEREFORE ORDERED that KAREN BRETZKE, earlier appointed
as Attorney and Guardian Ad Litem to represent the best interest of the child, is
continued in this relationship until further order of this Court or final disposition
of this suit.
12. Court Ordered Ad Litem for Parent
12.1. IT IS THEREFORE ORDERED that ALICIA BARKLEY earlier appointed to
represent BRITNEY JAMES is relieved of all duties based on a finding of good
cause.
12.2. IT IS THEREFORE ORDERED that JEREMY COE earlier appointed to
represent CHRISTOPHER CORNETT is relieved of all duties based on a
finding of good cause.
13. Dismissal of Other Court-Ordered Relationships
Except as otherwise provided in this order, any other existing court-ordered relationships
with the child the subject of this suit are hereby terminated and any parties claiming a
court-ordered relationship with the child are dismissed from this suit.
Order of Termination ASAP 2014
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14, Child Support
14.1, Pursuant to § 154.001, Texas Family Code, IF IS ORDERED that the parents
shall pay child support for the child as set forth in Attachment A to this Order,
which is incorporated herein as if set out verbatim in this paragraph.
14.1. Child support arrearage owed to the Department for child support not paid by
BRITNEY JAMES during the pendency of this suit IS waived.
14.2. Child support arrearage owed to the Department for child support not paid by
JAMES CORNETT during the pendency of this suit IS waived.
15 Inheritance Rights
This Order shall not affect the right of any child to inherit from and through any party.
16. Denial of Other Relief
IT IS ORDERED that all relief requested in this case and not expressly granted is
denied.
17. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO § 263.405, TFC
A PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL. AN
APPEAL IN A SUIT IN WHICH TERMINATION OF THE PARENT-CHILD
RELATIONSHIP IS SOUGHT IS GOVERNED BY THE PROCEDURES FOR
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF
APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF
APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN
THE DISMISSAL OF THE APPEAL.
18. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:
YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF
CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO
RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S
AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY
CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD
FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN
ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD
CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR
ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT
COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT
IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS
$10,000.
‘Order of Termination ASAP 2014
Page 6
SIGNED this dayor_ QS 2017.
JUDGE PRESIDING
ASAP 2014
Order of Termination
Page 7
Preview
FILED ey ace me NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA OCT 27 2017 CAUSE NO. 15-2571-D 2tst DIST. COURY 2 nEPy yang IN THE INTEREST OF INT. AE GU B.C. SMITH COUNTY, TEXAS A CHILD 321 JUDICIAL DISTRICT ORDER OF TERMINATION On October 26, 2017, the Court heard this case. 1 Appearances 11 The Department of Family and Protective Services (“the Department”) appeared through GERALDINE KINCAID, caseworker, and by attorney, EMYL MELCHIOR MIKKELSEN and announced ready. 1.2 Respondent Mother BRITNEY JAMES appeared through attorney of record ALICIA BARKLEY and announced ready. 13. Respondent Presumed Father CHRISTOPHER CORNETT appeared by attorney of record JEREMY COE and announced ready. 1.4 KAREN BRETZKE, appointed by the Court as Attorney and Guardian Ad Litem for the child the subject of this suit, appeared and announced ready. 1.5 Also appearing was SCOTT ELLIS appointed Guardian Ad Litem for the respondent father. Jurisdiction and Service of Process 2.1. The Court, having examined the record and heard the evidence and argument of counsel, finds the following: 2.1.1, a request for identification of a court of continuing, exclusive jurisdiction has been made as required by Section 155.101, Texas Family Code, 2.1.2. this Court has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. 2.2. The Court, having examined the record and heard the evidence and argument of counsel, finds that the State of Texas has jurisdiction to render final orders regarding the child the subject of this suit pursuant to Subchapter C, Chapter 152, Texas Family Code, by virtue of the fact that Texas is the home state of the child. Order of Termination ASAP 2014 Page4 2.3. The Court finds that all persons entitled to citation were properly cited. Jury A jury was waived, and all questions of fact and of law were submitted to the Court. Record The record of testimony was duly reported by the court reporter for the 321 Judicial District Court of Smith County. The Child The Court finds that the following child is the subject of this suit: Name BELLA CORNETT Sex: Female Birth Date: September 7, 2015 Present Residence: Foster Home Driver’s License Number: Wa Termination of Respondent Mother BRITNEY JAMES’S Parental Rights 6.1. The Court finds by clear and convincing evidence that termination of the parent- child relationship between BRITNEY JAMES and the child the subject of this suit is in the child’s best interest. 6.2. Further, the Court finds by clear and convincing evidence that BRITNEY JAMES has: 6.2.1. 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 an inability to provide the child with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code; 6.2.2. 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 § 161.00(b)(1)(O), Texas Family Code; Order of Termination ASAP 2014 Page2 6.3 IT IS THEREFORE ORDERED that the parent-child relationship between BRITNEY JAMES and the child the subject of this suit is terminated. 6.4 In accordance with §161.001(c), Texas Family Code, the Court finds that the order of termination of the parent child relationship as to BRITNEY JAMES is not based on evidence that BRITNEY JAMES: 64.1. homeschooled the child; 6.4.2. is economically disadvantaged; 6.4.3. has been charged with a nonviolent misdemeanor other than: 6.4.3.1. an offense under Title 5, Penal Code; 6.4.3.2. an offense under Title 6, Penal Code; or 6.4.3.3. an offense that involves family violence, as defined by §71.004 of this code; 6.4.4, provided or administered low-THC cannabis to a child for whom the low- THC cannabis was prescribed under Chapter 169, Occupations Code; or 6.4.5, declined immunization for the child for reasons of conscience, including a religious belief. 6.5 In accordance with §161.001(d), Texas Family Code, the Court finds that BRITNEY JAMES did not prove by a preponderance of evidence that BRITNEY JAMES: (1) was unable to comply with specific provisions of a court order; and (2) the parent made a good faith effort to comply with the order and the failure to comply with the order is not attributable to any fault of the parent. Termination of Respondent Father CHRISTOPHER CORNETT’S Parental Rights 71. The Court finds by clear and convincing evidence that termination of the parent- child relationship between CHRISTOPHER CORNETT and the child BELLA CORNETT, is in the child’s best interest. 7.2. Further, the Court finds by clear and convincing evidence that CHRISTOPHER CORNETT has: 7.2.1. 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; 73 IT IS THEREFORE ORDERED that the parent-child relationship between CHRISTOPHER CORNETT and the child BELLA CORNETT is terminated. Order of Termination ASAP 2014 Page 3 74. In accordance with §161.001(c), Texas Family Code, the Court finds that the order of termination of the parent child relationship as to CHRISTOPHER CORNETT is not based on evidence that CHRISTOPHER CORNETT: TAA. homeschooled the child; 74.2. is economically disadvantaged; 743 has been charged with a nonviolent misdemeanor other than: 743.1. an offense under Title 5, Penal Code; 743.2. an offense under Title 6, Penal Code; or 7.43.3. an offense that involves family violence, as defined by §71.004 of this code; TAA. provided or administered low-THC cannabis to a child for whom the low- THC cannabis was prescribed under Chapter 169, Occupations Code; or TAS. declined immunization for the child for reasons of conscience, including a religious belief. Interstate Compact The Court finds that Petitioner has filed a verified allegation or statement regarding compliance with the Interstate Compact on the Placement of Children as required by § 162.002(b)(1) of the Texas Family Code. Managing Conservatorship: BELLA CORNETT 9.1. The Court finds that the appointment of the Respondents as permanent managing conservator of the child is not in the child's best interest because the appointment would significantly impair child's physical health or emotional development. 9.2. IT Is ORDERED that the DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES is appointed Permanent Managing Conservator of BELLA CORNETT, a child the subject of this suit, with the rights and duties specified in § 153.371, Texas Family Code; the Court finding this appointment to be in the best interest of the child. 9.2.1. In addition to these rights and duties, IT IS ORDERED that the Department is authorized to consent to the medical care for BELLA CORNETT under § 266.004, Texas Family Code. 10. Required Information Regarding the Parties and Child 10.1. The child’s information is provided above; the information required of each party not exempted from such disclosure is: Order of Termination ASAP 2044 Page 4 10.1.1. Name BRITNEY JAMES Driver’s License Current address 281 CR 3114, Quitman, TX 75783 Home telephone number: (903) 638-3213 Name of employer: Address of employment: Work telephone number 10.1.2. Name CHRISTOPHER CORNETT Driver’s License Current address — Tyler, TX 75702 Home telephone number: Name of employer Address of employment Work telephone number 10.2. JT IS ORDERED that each parent, who has not previously done so, 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. i Continuation of Court-Ordered Ad Litem or Advocate 11.1. The Court finds that the child the subject of this suit will continue in care and this Court will continue to review the placement, progress and welfare of the child. 11.2, IT IS THEREFORE ORDERED that KAREN BRETZKE, earlier appointed as Attorney and Guardian Ad Litem to represent the best interest of the child, is continued in this relationship until further order of this Court or final disposition of this suit. 12. Court Ordered Ad Litem for Parent 12.1. IT IS THEREFORE ORDERED that ALICIA BARKLEY earlier appointed to represent BRITNEY JAMES is relieved of all duties based on a finding of good cause. 12.2. IT IS THEREFORE ORDERED that JEREMY COE earlier appointed to represent CHRISTOPHER CORNETT is relieved of all duties based on a finding of good cause. 13. Dismissal of Other Court-Ordered Relationships Except as otherwise provided in this order, any other existing court-ordered relationships with the child the subject of this suit are hereby terminated and any parties claiming a court-ordered relationship with the child are dismissed from this suit. Order of Termination ASAP 2014 Page 5 14, Child Support 14.1, Pursuant to § 154.001, Texas Family Code, IF IS ORDERED that the parents shall pay child support for the child as set forth in Attachment A to this Order, which is incorporated herein as if set out verbatim in this paragraph. 14.1. Child support arrearage owed to the Department for child support not paid by BRITNEY JAMES during the pendency of this suit IS waived. 14.2. Child support arrearage owed to the Department for child support not paid by JAMES CORNETT during the pendency of this suit IS waived. 15 Inheritance Rights This Order shall not affect the right of any child to inherit from and through any party. 16. Denial of Other Relief IT IS ORDERED that all relief requested in this case and not expressly granted is denied. 17. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO § 263.405, TFC A PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED BY THE PROCEDURES FOR ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL. 18. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. ‘Order of Termination ASAP 2014 Page 6 SIGNED this dayor_ QS 2017. JUDGE PRESIDING ASAP 2014 Order of Termination Page 7