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CAUSE NO. 12-23554)
IN THE INTEREST 0F §
§
TRISTAN VAUGHAN §
TANNER VAUGHAN §
TARIN VAUGHAN §
TRINITY VAUGHAN §
§
321 JUDICIAL DISTRICT
CHILDREN §
MOTION T0 RETAIN SUIT 0N COURT’S DOCKET
AND SET NEW DISMISSAL DATE
Date brought by the
This Motion T0 Retain Suit 0n Court’s Docket And Set New Dismissal is
Petitioner.
Department of Family and Protective Services.
an order appointing the Department temporary
1. On August 24, 2012, the Court rendered
managing conservator 0f the children the subject of this suit.
unless the Court has commenced the trial on
2. Pursuant to § 263.401, Texas Family Code,
on the first Monday after the first anniversary of the
the merits 0r granted an extension,
temporary order granting the Department as temporary
date the court rendered a
dismiSS the suit affecting the parent~chi1d
managing conservator, the Court shall
Said date for dismissal is August 26, 2013.
relationship filed by the Department.
necessitate the children remaining in the temporary
3. Extraordinary circumstances
managing conservatorship of the Department, as follows:
Attorney for the Petitioner Department 0f Famiiy and Protective
3.1. Patrice Savage,
Notice of Attorney in Charge 0n or about June 24, 2013 based
Sewices, filed her
from Tiffani Wickel 0n June l7, 2013, and has not had
on a referral received
sufficient time t0 prepare for trialof this case which is set July 23, 2013.
a prior trial setting for the same date, July 23, 2013. in Cause
3.2. Patrice Savage has
20108-0794; ITIO Claudia McKee, Stacia McKee, Lara McKee, Children;
No.
Henderson County, Texas and a jury trial set for July
392m Judicial District Court,
M'oman 62"“
29, 2013 in Cause No. 11361, ITIO KC and Brandi Montan; Judicial
District Comt, Franklin County. Texas;
Grandfather has recently been presented to the Department as a
3.3. The Maternal
children. The Department is cutrently awaiting the
potential placement for the
home on Maternal Grandfather. 1f approved, the Matemai
results 0f the study
training to be able to care for the special needs 0f the children
Grandfather will need
and August 26 isnot sufficient time for such training;
12-23550/321
New Dismissal Date
Motion to Retain on Courts Docket and Set ASAP 04
Page1
VAUGHAN from prison within the last
3.4. Respondent Mother LACY was released
living with the father 0f the children, therefore making
month and testified she is
attorney. The Coun dismissed her court
her ineligibie for a court-appointed
Respondent Mother will not have sufficient
appointed attorney, Janod Heath;
defense before present trial setting
time to retain counsel and present an effective
of July 23. 2013 0r dismissal date of August 26, 2013;
will be on a pre—planned
3.5. Jennifer Deen, Attorney Ad Litem for the Children,
vacation from July '23 through July 30, 201 3; and
trials in the 3215‘ District
Protective Services cases are set for jury
3.6. Other Child
dismissal deadline 0f August 26, 2013.
Court in the month of August before the
managing conservator is in
the appointment of the Department as temporary
4. Continuing
requested that the Court retain this suit on the
the best interest of the children. It is
period not to exceed 180 days after the time described by
Court’s docket for a
§263.401(a).
S. Prayer
Court, pursuant to 263.401(b), Texas Family Code,
The Department prays that the §
Court’s docket and set a new dismissal date 0f January 22, 2014
retain this suit 0n the
a date not later than 180 days following the first Monday after the first
which is
the Court rendered an order appointing the Depanment as
anniversary of the date
for general relief.
Temporary Managing Conservator. The Department prays
Respectfully Submitted,
CL
PATRICE SAVAGE, khomey for
Petitioner, Department of Family and
Protective Services
2130 Alpine Road
Longview, Texas 75601
phone: (903) 233-5210
fax: (903) 233-5250
State Bar # 17688230
12-23550 I 32t
NewDismissal Date
Motion to Retain on Court‘s Docket and Set ASAP O4
Page?
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been sent by the
following methods t0 the following parties:
JENNIFER DEEN, .109 W. Ferguson, Tyier, TX 75710
Via FAX (903) 597-7322
CASA FOR KIDS OF EAST TEXAS, 318 E. 5th Street, Tyler, TX 7570.1
Via FAX (903) 597-0691
CAMERON CASTLEBERRY, 422 S. Spring Street, Tyler, TX 75702
Via FAX (903) 595-1009
in accordance with the Texas Rules of Civil Procedure 0n this the ggg day 0f July,
20 1 3.
1/" fl
4...
PATRICE SAVAGE U
Attorney for the Petitioner
Motion Retain on Court‘s Docket
ta New
and Sat Dismissal Date 12-23550 1321
Page 3 ASAP 04
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CAUSE NO. 12-23554) IN THE INTEREST 0F § § TRISTAN VAUGHAN § TANNER VAUGHAN § TARIN VAUGHAN § TRINITY VAUGHAN § § 321 JUDICIAL DISTRICT CHILDREN § MOTION T0 RETAIN SUIT 0N COURT’S DOCKET AND SET NEW DISMISSAL DATE Date brought by the This Motion T0 Retain Suit 0n Court’s Docket And Set New Dismissal is Petitioner. Department of Family and Protective Services. an order appointing the Department temporary 1. On August 24, 2012, the Court rendered managing conservator 0f the children the subject of this suit. unless the Court has commenced the trial on 2. Pursuant to § 263.401, Texas Family Code, on the first Monday after the first anniversary of the the merits 0r granted an extension, temporary order granting the Department as temporary date the court rendered a dismiSS the suit affecting the parent~chi1d managing conservator, the Court shall Said date for dismissal is August 26, 2013. relationship filed by the Department. necessitate the children remaining in the temporary 3. Extraordinary circumstances managing conservatorship of the Department, as follows: Attorney for the Petitioner Department 0f Famiiy and Protective 3.1. Patrice Savage, Notice of Attorney in Charge 0n or about June 24, 2013 based Sewices, filed her from Tiffani Wickel 0n June l7, 2013, and has not had on a referral received sufficient time t0 prepare for trialof this case which is set July 23, 2013. a prior trial setting for the same date, July 23, 2013. in Cause 3.2. Patrice Savage has 20108-0794; ITIO Claudia McKee, Stacia McKee, Lara McKee, Children; No. Henderson County, Texas and a jury trial set for July 392m Judicial District Court, M'oman 62"“ 29, 2013 in Cause No. 11361, ITIO KC and Brandi Montan; Judicial District Comt, Franklin County. Texas; Grandfather has recently been presented to the Department as a 3.3. The Maternal children. The Department is cutrently awaiting the potential placement for the home on Maternal Grandfather. 1f approved, the Matemai results 0f the study training to be able to care for the special needs 0f the children Grandfather will need and August 26 isnot sufficient time for such training; 12-23550/321 New Dismissal Date Motion to Retain on Courts Docket and Set ASAP 04 Page1 VAUGHAN from prison within the last 3.4. Respondent Mother LACY was released living with the father 0f the children, therefore making month and testified she is attorney. The Coun dismissed her court her ineligibie for a court-appointed Respondent Mother will not have sufficient appointed attorney, Janod Heath; defense before present trial setting time to retain counsel and present an effective of July 23. 2013 0r dismissal date of August 26, 2013; will be on a pre—planned 3.5. Jennifer Deen, Attorney Ad Litem for the Children, vacation from July '23 through July 30, 201 3; and trials in the 3215‘ District Protective Services cases are set for jury 3.6. Other Child dismissal deadline 0f August 26, 2013. Court in the month of August before the managing conservator is in the appointment of the Department as temporary 4. Continuing requested that the Court retain this suit on the the best interest of the children. It is period not to exceed 180 days after the time described by Court’s docket for a §263.401(a). S. Prayer Court, pursuant to 263.401(b), Texas Family Code, The Department prays that the § Court’s docket and set a new dismissal date 0f January 22, 2014 retain this suit 0n the a date not later than 180 days following the first Monday after the first which is the Court rendered an order appointing the Depanment as anniversary of the date for general relief. Temporary Managing Conservator. The Department prays Respectfully Submitted, CL PATRICE SAVAGE, khomey for Petitioner, Department of Family and Protective Services 2130 Alpine Road Longview, Texas 75601 phone: (903) 233-5210 fax: (903) 233-5250 State Bar # 17688230 12-23550 I 32t NewDismissal Date Motion to Retain on Court‘s Docket and Set ASAP O4 Page? CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been sent by the following methods t0 the following parties: JENNIFER DEEN, .109 W. Ferguson, Tyier, TX 75710 Via FAX (903) 597-7322 CASA FOR KIDS OF EAST TEXAS, 318 E. 5th Street, Tyler, TX 7570.1 Via FAX (903) 597-0691 CAMERON CASTLEBERRY, 422 S. Spring Street, Tyler, TX 75702 Via FAX (903) 595-1009 in accordance with the Texas Rules of Civil Procedure 0n this the ggg day 0f July, 20 1 3. 1/" fl 4... PATRICE SAVAGE U Attorney for the Petitioner Motion Retain on Court‘s Docket ta New and Sat Dismissal Date 12-23550 1321 Page 3 ASAP 04