Preview
r‘ "
I LIE;-
'
3:35?ng
'
''- "I
-
{fr
N0. 12-23554) “‘«J‘sK
h
i1
5;}
{UL
IN THE INTEREST 0F § 1N THE DISTRIQI COURT
I
fi
M n
!6
§ oMITH
CGUFFY _
\
/ ._
TRISTAN VAUGHAN, TANNER § 321$T JUDICIAgyDISTRICI‘
VAUGHAN, TARIN VAUGHAN AND §
TRINITY VAUGHAN, §
§
CHILDREN § SMITH COUNTY, TEXAS
JOINT PETITION IN INTERVENTION IN SUIT
AFFECTING THE PARENT-CHILD RELATIONSHIP AND
PETITION FOR TERMINATION OF PARENTAL RIGHTS AND ADOPTION
INTERVENTION
This Joint Petition in Intervention brought Daniel
is by Vaughan, Karen Vaughan,
Michael Broyles and Kristin Broyles. In support, Intervenors show:
1. Objection t0 Assignment ofCase t0 Associate Judge
Intervenors object to the assignment of this matter t0 an associate judge for a trial 0n the
merits or presiding at a jury trial.
2. Parties
Intervenors, Danie] Vaughan and Karen Vaughan are the paternal grandparents of the
children the subject ofthis suit. Intervenors have standing to intervene in this proceeding in that
the children’s present circumstances, if returned to either parent, would significantly impair the
children’s physical health 0r emotional development. Further, the children have been placed
with Intervenors by prior order of this Court and have resided in the home 0f Intervenors for
more than six months.
Intervenors Michael Broyles and Kristin Broyles are the respite-care family 0f the
N0. 12-23554); ITIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE l
children the subject 0f this suit. Intervenors have standing to intervene in this proceeding in that,
if the children were returned to either parent, the children’s present circumstances would
significantly impair the children’s physical health or emotional development. Further, the
children have been placed with Intervenors for respite care by prior order of this Coult, and are
both adults who have had actual possession and control of the children on numerous occasions
during the previous thirty-day period preceding the filing of this petition. Additionally, both
Intervenors are adults who have had substantial past contact with the children sufficient to
warrant standing in this matter.
The last three numbers of Daniel Vaughan's driver's license number are 694. The last
three numbers of Daniel Vaughan's Social Security number are 201. The last three numbers of
Karen Vaughan’s driver’s license number are 806. The last three numbers of Karen Vaughan’s
Social Security number are 093. The last three numbers of Michael Broyles‘ driver's license
number are 124. The last three numbers of Michael Broyles' Social Security number are 448.
The last three numbers of Kristin Broyles’ driver’s license number are 451. The last three
numbers of Kristin Broyles’ Social Security number are 177.
3. Jurisdiction
This Court has acquired and retains continuing, exclusive jurisdiction 0f this suit and of
the children the subject of this suit as a result of pn'or proceedings.
4. Children
The following children are the subject 0f this suit:
Name: Tristan Vaughan
Sex: Male
N0. 12-2355-D; lTIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT—CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION PAGE 2
Birth date: July 6, 2002
County ofresidence: Smith
Name: Tanner Vaughan
Sex: Male
Birth date: July 12, 2006
County of residence: Smith
Name: Tarin Vaughan
Sex: Male
Birth date: December 29, 2008
County ofresidence: Smith
Name: Trinity Vaughan
Sex: Female
Birth date: February 16, 2010
County of residence: Smith
5. Mother
The mother of the children the subject Ofthis suit is Lacy Vaughan.
Process should be served at any location in which she may be found.
6. Father
The father of the children the subject of this suit is Aaron Vaughan.
Process should be served by and through his attorney ofrecord, Cameron Castleberry, at
422 Spring Street, Tyler, Texas.
7. Court-Ordered Relationships
There are no court—ordered conservatorships, court-ordered guardianships, or other coun-
ordered relationships affecting the children the subject 0f this suit other than those which are
filed of record herein.
8. Property
N0. 12-2355-D; ITIO VAUGHAN CHILDREN
JOINT PETITION [N INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION PAGE 3
There has been no change of consequence in the status of the property of the children the
subject 0f this suit since the prior order was rendered.
9. Conservatorship
It is in the best interest of the children that Intervenors Daniel Vaughan and Karen
Vaughan be appointed joint managing conservators of the children, Tristan Vaughan and Tanner
Vaughan. It is in the best interest 0f Tarin Vaughan and Trinity Vaughan that Intervenors
Michael Broers and Kristin Boyles be appointed joint managing conservators of the children,
Tarin Vaughan and Trinity Vaughan. Further, appointment 0f the parents as joint managing
conservators would not be in the best interest of the children because the appointment "would
significantly impair the children's physical health 0r emotional development.
1 0. Requestfor Temporary Orders
Intervenors request the Court, after notice and hearing, to make temporary orders for the
safety and welfare 0f the children, including but not limited t0 the following:
Appointing Child Protective Services and Intervenors Daniel Vaughan and Karen
Vaughan temporary joint managing conservators of the children Tristan Vaughan and Tanner
Vaughan.
Appointing Child Protective Services and Intervenors Michael Broers and Kristin
Broyles temporary joint managing conservators 0f the children Tarin Vaughan and Trinity
Vaughan.
Ordering Respondents to pay child support while this case ispending.
N0. 12-2355—D; ITIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION PAGE 4
Denying Respondents access t0 the children or, alternatively, rendering a possession
order providing that periods of Visitation by Respondent be continuously supervised.
Ordering the psychological evaluation 0f Aaron Vaughan and Lacy Vaughan and the
children.
Ordering Respondents to execute all necessary releases required by Intervenors to obtain
any discovery allowed by the Texas Rules of Civil Procedure.
Ordering Respondents t0 execute all necessary releases pursuant to the Health Insurance
Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 topermit Intervenors
to obtain health-care information regarding the children.
Ordering Respondents t0 execute for all health-care providers of the children an
authorization for disclosure 0f protected health information to Intervenors pursuant to the Health
Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.
Ordering Respondents t0 designate Intervenors as persons to whom protected health
information regarding the children may be disclosed whenever Respondent executes an
authorization for disclosure of protected health information pursuant t0 the Health Insurance
Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.
Ordering a pretrial conference t0 simplify the issues in this case and detennine the
stipulations ofthe parties and for any other matters the Court deems appropriate.
I1 . Requestfor Temporary Orders and Injunction
Intervenors request the Court t0 dispense with the necessity of a bond, and Intervenors
NO. l2-2355-D; [TIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION PAGE 5
request that, after notice and hearing, Respondents be further restrained and enjoined, pending
the further order of the Court, from:
Disturbing the children or Intervenors or interfering in any way with possession of the
children by Intervenors by taking or attempting t0 take possession of the children, directly or
through any other person, from the residence, school, 0r any other place.
Withdrawing the children from enrollment in the school 0r day-care facility where the
children are presently enrolled.
Hiding 0r secreting the children from Intervenors.
Making disparaging remarks regarding Intervenors 0r the family of Intervenors in the
presence 0r within hearing 0f the children.
Canceling, altering, failing to pay premiums, 0r in any manner affecting the present level
of coverage of any health insurance policy insuring the children.
Consuming alcohol, illegal drugs, or any controlled substance for which Respondents do
not have a valid prescription within the 24 hours before or during the period of possession of or
access t0 the children.
Canceling, altering, failing to pay premiums, or in any manner affecting the present level
of coverage 0f any health insurance policy insuring the children.
12. Requestfor Permanent Injunction
Intervenors request the Coult, after trial on the merits, to grant the following permanent
injunction:
Disturbing the children 0r Intervenors or interfering in any way with possession of the
NO. lZ-2355—D; ITIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION [N
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 6
children by Intervenors by taking or attempting to take possession of the children, directly or
through any other person, from the residence, school, or any other place.
Withdrawing the children from enrollment in the school or day-care facility where the
children are presently enrolled.
Hiding 0r secreting the children from Intervenors.
Making disparaging remarks regarding Intervenors or the family 0f Intervenors in the
presence 0r within hearing 0f the children.
Canceling, altering, failing t0 pay premiums, or in any manner affecting the present level
of coverage ofany health insurance policy insuring the
children.
Consuming alcohol, illegal drugs, or any controlled substance for which Respondents do
not have a valid prescription within the 24 hours before or during the period of possession of or
access to the children.
Canceling, altering, failing to pay premiums, or in any manner affecting the present level
ofcoverage ofany health insurance policy insuring the
children.
PETITION FOR TERMINATION AND ADOPTION
J. Discovery Level
Discovery in this case is intended to be conducted under Ieve] 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Objection t0 Assignment ofCase to Associate Judge
Petitioners object to the assignment of this matter t0 an associate judge for a trial on the
merits or presiding at a jury trial.
N0. 12-23554); ITIo VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION 1N
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 7
3. Intervenors
This suit is brought by Michael Broyles and Kristin Broyles, Intervenors, who are
husband and wife.
Intervenor Michael Broyles and Kristin Broyles are the respite parents of the children,
Tristan Ray Vaughan and Trinity Rebecca Vaughan the subj ect ofthis suit.
The last three numbers of Michael Broyles driver's license number are 124. The last
three numbers of Michael Broyles's Social Security number are 448. The last three numbers of
Kristin Broyles’ driver’s license number are 451. The last three numbers of Kristin Broyles’
Social Security number are I77.
4. Jurisdiction
This Court has acquired and retains continuing, exclusive jurisdiction 0f this suit and 0f
the children the subj ect of this suit as a result of prior proceedings.
5, Interstate Placement Infbrmation
A verified allegation or statement complying with section 162.002 0f the Texas Family
Code will be filed herein prior t0 a Final Hearing.
6. Children
The following children are the subject of this suit:
Name: Tarin Ryder Vaughan
Sex: Male
Birth date: December 29, 2008
Name: Trinity Rebecca Vaughan
Sex: Female
Birth date: February 16, 2010
NO. 12-2355-D; ITIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION [N
SUIT AFFECTING THE PARENT—CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 8
7. Persons Entitled t0 Citation
The father of the children the subject of this suit isAaron Vaughan.
Process should be served by and through his attorney of record, Cameron Castleberry,
422 S. Spring, Tyler, Texas 75702.
The mother of the children the subject of this suit is Lacy Vaughan.
Process should be served at any place in which she
may be found.
There are n0 court-ordered conservatorships, court-ordered guardianships, 0r other court-
ordered relationships affecting the children the subject of this suit, other than those which are
filed of record herein.
8. PrOperty
No property Ofconsequence isowned or possessed by the children the subject of
this suit.
9. Termination Sought
A. Father
Termination 0f the parent-child relationship between Aaron Vaughan and the children,
Tarin Ryder Vaughan and Trinity Rebecca Vaughan the subject of this suit is inthe best interest
ofthe children, and such termination is requested.
As grounds for termination, Intervenors allege that this parent has-
a. knowingly placed 0r knowingly allowed the children to remain in conditions or
surroundings that endanger the physical or emotional well~being 0f the children;
b. engaged in conduct or knowingly placed the children with persons who engaged
in conduct that endangers the
physical or emotional well-being Ofthe children;
c. been the major cause Ofthe children's absence from the home without the consent
of the parents 0r guardian for a substantial length of time or without the intent to
N0. [2-2355-D; [TIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 9
return;
d. used a controlled substance (as defined chapter 481
by of the Texas Health and
Safety Code) in a manner that endangered the health or safety of the children and
failed to complete a court-ordered substance
abuse treatment program; and
e. been the cause 0f the children's being born addicted to alcohol or a controlled
substance, other than a controlled substance legally obtained by prescription, as
defined by section 261.001 of the Texas Family Code.
B. Mother
Termination of the parent-child relationship between Lacy Vaughan and the children,
Tarin Ryder Vaughan and Trinity Rebecca Vaughan the subject of this suit is in the best interest
of the children, and such termination is requested.
As grounds for termination, Intervenors allege that this parent has-
a. knowingly placed or knowingly allowed the children to remain in conditions 0r
surroundings that endanger the physical or emotional welI-being 0f the children;
b. engaged in conduct or knowingly placed the children with persons who engaged
in conduct that endangers the physical 0r emotional well-being of the children;
c. been the major cause of the children's absence from the home without the consent
of the parents 0r guardian for a substantial length of time or without the intent to
return;
d. used a controlled substance (as defined by chapter 481 of the Texas Health and
Safety Code) in a manner that endangered the health or safety of the children and
failed to complete a court-ordered substance abuse treatment program; and
e. been the cause of the children‘s being born addicted to alcohol or a controlled
substance, other than a controlled substance legally obtained by prescription, as
defined by section 26 I.001 ofthe Texas Family Code.
l 0. Attorney Ad Litem
N0. 12-2355-D; ITIO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION [N
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 10
Jennifer Deen has been previously appointed as attorney ad litem t0 provide legal
services for the children.
I 1. Adoption Sought
It is in the best interest of the children Tarin Ryder Vaughan and Trinity Rebecca
Vaughan the subject of this suit t0 be adopted Michael
by Broyles and Kristin Broyles, and
adoption of the children issought.
12. Residence with Intervenors
The children the subject of this suit will have lived in the home of Intervenors for at Ieast
six months when this case is heard for adoption.
13, Children’s Names
Intervenors request that the name ofthe child Tarin Ryder Vaughan be changed to Tarin
Ryder Broyles.
Intervenors request that the name of the child Trinity Rebecca Vaughan be changed to
Trinity Rebecca Broyles.
1 4. Social Studies
Intervenors request the Court to order the preparation of the preadoptive and
postplacement social studies required by the Texas Family Code. Intervenors further request
that a copy 0f the social studies be made available to Intervenors before a final order is entered.
15. Medical History Report
Intervenors request the Court order Aaron
t0 Vaughan and Lacy Vaughan to provide
information regarding the medical of Aaron
history Vaughan and Lacy Vaughan and Aaron
N0. 12-2355-D; [TlO VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE ll
Vaughan and Lacy Vaughan’s ancestors.
I 6. Sealing QfRecords
Intervenors request the Court to order the sealing
of the file and the minutes of the Court.
1 7. Attorney’s Fees, Expenses, Costs and Interest
It was necessary for Intervenors to secure the services ofAlicia Barkley and Michael K. Hogan,
licensed attorneys, to preserve and protect the rights of Intervenors and 0f the children.
Reasonable attorneys’ fees, expenses, and costs should be awarded to the attorneys for
Intervenors and a judgment should be rendered in favor of the attorneys and against Respondents
and be ordered paid directly to the attorney for Intervenors, who may enforce the judgment in the
attomeys’ own name. Intervenors request postjudgment interest as allowed
by law.
18. Prayer
Intervenors pray for relief as requested in this petition.
Intervenors pray that the Court, after notice and hearing, grant a temporary injunction
enjoining Respondents, in conformity with the allegation of this petition, from the acts set forth
above while this case is pending.
Intervenors pray that, on final hearing, the Court enter a permanent injunction enjoining
Respondents, in conformity with the allegations ofthis
petition, from the acts set forth above.
Intervenors pray for attorney's fees, expenses, costs, and interest as requested above.
Intervenors pray for general relief.
NO. 12-2355-D; [T10 VAUGHAN CHILDREN
JOINT PETITION 1N INTERVENTION IN
SUIT AFFECTING THE PARENT-CHILD
RELATIONSHIP AND PETITION FOR
TERMINATION AND ADOPTION
PAGE 12
'-'///T
ii. 05:23
Jul. I0. L‘HJ OLI"+HM LaWVIIfCe Ui HJIL‘Id
Na, 33
Ill DiJKlEy ”0.11433 r. "+
Ill
l I
I
Respectfully submitted
The Law Offices ofAlicia Barkley,
P.C.
21 7 W. Houston Street
Tyler, Texas 75702
Tel: (903) 597-5663
Fax: (903) 597—5664
7
B)’:
MxM/A)
Alicia BarEIey
State Bar No. 00792424
Anomey for Intervcnors
a
Daniel Vaughan and Karen
Vaughan
The Law Ofiicc Michael K. Hogan
123 E, Houston
Tyler, Texas 75702
Tel: (903) 597—3808
Fax: (903) 597-3 870
a/
/.
By:
Michacl K. Hogan
State Bax No. 09801 670 a
Attorney for Intervcnors
Michael Broylcs and Kristin
Broyles
Certificate of Service
I certify that a true ccpy of the above was served on each attorney ofrecord or party in
accordance with tho Texas
Rules of Civil Proccd on 1ny Lg 2 “.
AkEia Barkley
Attorney for Intervcnors
Daniel Vaughan and Karen Vaughan
N0. 124355-13;mo VAUGHAN CHILDREN
JOINT PETITION IN INTERVENTION
1N
smr Armcrmo mt PARENT-me
RELATIONSHIP AND PETITION FOR
TERMINATION AND Aboprxom
PAGE 13
Preview
r‘ " I LIE;- ' 3:35?ng ' ''- "I - {fr N0. 12-23554) “‘«J‘sK h i1 5;} {UL IN THE INTEREST 0F § 1N THE DISTRIQI COURT I fi M n !6 § oMITH CGUFFY _ \ / ._ TRISTAN VAUGHAN, TANNER § 321$T JUDICIAgyDISTRICI‘ VAUGHAN, TARIN VAUGHAN AND § TRINITY VAUGHAN, § § CHILDREN § SMITH COUNTY, TEXAS JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION OF PARENTAL RIGHTS AND ADOPTION INTERVENTION This Joint Petition in Intervention brought Daniel is by Vaughan, Karen Vaughan, Michael Broyles and Kristin Broyles. In support, Intervenors show: 1. Objection t0 Assignment ofCase t0 Associate Judge Intervenors object to the assignment of this matter t0 an associate judge for a trial 0n the merits or presiding at a jury trial. 2. Parties Intervenors, Danie] Vaughan and Karen Vaughan are the paternal grandparents of the children the subject ofthis suit. Intervenors have standing to intervene in this proceeding in that the children’s present circumstances, if returned to either parent, would significantly impair the children’s physical health 0r emotional development. Further, the children have been placed with Intervenors by prior order of this Court and have resided in the home 0f Intervenors for more than six months. Intervenors Michael Broyles and Kristin Broyles are the respite-care family 0f the N0. 12-23554); ITIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE l children the subject 0f this suit. Intervenors have standing to intervene in this proceeding in that, if the children were returned to either parent, the children’s present circumstances would significantly impair the children’s physical health or emotional development. Further, the children have been placed with Intervenors for respite care by prior order of this Coult, and are both adults who have had actual possession and control of the children on numerous occasions during the previous thirty-day period preceding the filing of this petition. Additionally, both Intervenors are adults who have had substantial past contact with the children sufficient to warrant standing in this matter. The last three numbers of Daniel Vaughan's driver's license number are 694. The last three numbers of Daniel Vaughan's Social Security number are 201. The last three numbers of Karen Vaughan’s driver’s license number are 806. The last three numbers of Karen Vaughan’s Social Security number are 093. The last three numbers of Michael Broyles‘ driver's license number are 124. The last three numbers of Michael Broyles' Social Security number are 448. The last three numbers of Kristin Broyles’ driver’s license number are 451. The last three numbers of Kristin Broyles’ Social Security number are 177. 3. Jurisdiction This Court has acquired and retains continuing, exclusive jurisdiction 0f this suit and of the children the subject of this suit as a result of pn'or proceedings. 4. Children The following children are the subject 0f this suit: Name: Tristan Vaughan Sex: Male N0. 12-2355-D; lTIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT—CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 2 Birth date: July 6, 2002 County ofresidence: Smith Name: Tanner Vaughan Sex: Male Birth date: July 12, 2006 County of residence: Smith Name: Tarin Vaughan Sex: Male Birth date: December 29, 2008 County ofresidence: Smith Name: Trinity Vaughan Sex: Female Birth date: February 16, 2010 County of residence: Smith 5. Mother The mother of the children the subject Ofthis suit is Lacy Vaughan. Process should be served at any location in which she may be found. 6. Father The father of the children the subject of this suit is Aaron Vaughan. Process should be served by and through his attorney ofrecord, Cameron Castleberry, at 422 Spring Street, Tyler, Texas. 7. Court-Ordered Relationships There are no court—ordered conservatorships, court-ordered guardianships, or other coun- ordered relationships affecting the children the subject 0f this suit other than those which are filed of record herein. 8. Property N0. 12-2355-D; ITIO VAUGHAN CHILDREN JOINT PETITION [N INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 3 There has been no change of consequence in the status of the property of the children the subject 0f this suit since the prior order was rendered. 9. Conservatorship It is in the best interest of the children that Intervenors Daniel Vaughan and Karen Vaughan be appointed joint managing conservators of the children, Tristan Vaughan and Tanner Vaughan. It is in the best interest 0f Tarin Vaughan and Trinity Vaughan that Intervenors Michael Broers and Kristin Boyles be appointed joint managing conservators of the children, Tarin Vaughan and Trinity Vaughan. Further, appointment 0f the parents as joint managing conservators would not be in the best interest of the children because the appointment "would significantly impair the children's physical health 0r emotional development. 1 0. Requestfor Temporary Orders Intervenors request the Court, after notice and hearing, to make temporary orders for the safety and welfare 0f the children, including but not limited t0 the following: Appointing Child Protective Services and Intervenors Daniel Vaughan and Karen Vaughan temporary joint managing conservators of the children Tristan Vaughan and Tanner Vaughan. Appointing Child Protective Services and Intervenors Michael Broers and Kristin Broyles temporary joint managing conservators 0f the children Tarin Vaughan and Trinity Vaughan. Ordering Respondents to pay child support while this case ispending. N0. 12-2355—D; ITIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 4 Denying Respondents access t0 the children or, alternatively, rendering a possession order providing that periods of Visitation by Respondent be continuously supervised. Ordering the psychological evaluation 0f Aaron Vaughan and Lacy Vaughan and the children. Ordering Respondents to execute all necessary releases required by Intervenors to obtain any discovery allowed by the Texas Rules of Civil Procedure. Ordering Respondents t0 execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 topermit Intervenors to obtain health-care information regarding the children. Ordering Respondents t0 execute for all health-care providers of the children an authorization for disclosure 0f protected health information to Intervenors pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508. Ordering Respondents t0 designate Intervenors as persons to whom protected health information regarding the children may be disclosed whenever Respondent executes an authorization for disclosure of protected health information pursuant t0 the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508. Ordering a pretrial conference t0 simplify the issues in this case and detennine the stipulations ofthe parties and for any other matters the Court deems appropriate. I1 . Requestfor Temporary Orders and Injunction Intervenors request the Court t0 dispense with the necessity of a bond, and Intervenors NO. l2-2355-D; [TIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 5 request that, after notice and hearing, Respondents be further restrained and enjoined, pending the further order of the Court, from: Disturbing the children or Intervenors or interfering in any way with possession of the children by Intervenors by taking or attempting t0 take possession of the children, directly or through any other person, from the residence, school, 0r any other place. Withdrawing the children from enrollment in the school 0r day-care facility where the children are presently enrolled. Hiding 0r secreting the children from Intervenors. Making disparaging remarks regarding Intervenors 0r the family of Intervenors in the presence 0r within hearing 0f the children. Canceling, altering, failing to pay premiums, 0r in any manner affecting the present level of coverage of any health insurance policy insuring the children. Consuming alcohol, illegal drugs, or any controlled substance for which Respondents do not have a valid prescription within the 24 hours before or during the period of possession of or access t0 the children. Canceling, altering, failing to pay premiums, or in any manner affecting the present level of coverage 0f any health insurance policy insuring the children. 12. Requestfor Permanent Injunction Intervenors request the Coult, after trial on the merits, to grant the following permanent injunction: Disturbing the children 0r Intervenors or interfering in any way with possession of the NO. lZ-2355—D; ITIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION [N SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 6 children by Intervenors by taking or attempting to take possession of the children, directly or through any other person, from the residence, school, or any other place. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. Hiding 0r secreting the children from Intervenors. Making disparaging remarks regarding Intervenors or the family 0f Intervenors in the presence 0r within hearing 0f the children. Canceling, altering, failing t0 pay premiums, or in any manner affecting the present level of coverage ofany health insurance policy insuring the children. Consuming alcohol, illegal drugs, or any controlled substance for which Respondents do not have a valid prescription within the 24 hours before or during the period of possession of or access to the children. Canceling, altering, failing to pay premiums, or in any manner affecting the present level ofcoverage ofany health insurance policy insuring the children. PETITION FOR TERMINATION AND ADOPTION J. Discovery Level Discovery in this case is intended to be conducted under Ieve] 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Objection t0 Assignment ofCase to Associate Judge Petitioners object to the assignment of this matter t0 an associate judge for a trial on the merits or presiding at a jury trial. N0. 12-23554); ITIo VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION 1N SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 7 3. Intervenors This suit is brought by Michael Broyles and Kristin Broyles, Intervenors, who are husband and wife. Intervenor Michael Broyles and Kristin Broyles are the respite parents of the children, Tristan Ray Vaughan and Trinity Rebecca Vaughan the subj ect ofthis suit. The last three numbers of Michael Broyles driver's license number are 124. The last three numbers of Michael Broyles's Social Security number are 448. The last three numbers of Kristin Broyles’ driver’s license number are 451. The last three numbers of Kristin Broyles’ Social Security number are I77. 4. Jurisdiction This Court has acquired and retains continuing, exclusive jurisdiction 0f this suit and 0f the children the subj ect of this suit as a result of prior proceedings. 5, Interstate Placement Infbrmation A verified allegation or statement complying with section 162.002 0f the Texas Family Code will be filed herein prior t0 a Final Hearing. 6. Children The following children are the subject of this suit: Name: Tarin Ryder Vaughan Sex: Male Birth date: December 29, 2008 Name: Trinity Rebecca Vaughan Sex: Female Birth date: February 16, 2010 NO. 12-2355-D; ITIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION [N SUIT AFFECTING THE PARENT—CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 8 7. Persons Entitled t0 Citation The father of the children the subject of this suit isAaron Vaughan. Process should be served by and through his attorney of record, Cameron Castleberry, 422 S. Spring, Tyler, Texas 75702. The mother of the children the subject of this suit is Lacy Vaughan. Process should be served at any place in which she may be found. There are n0 court-ordered conservatorships, court-ordered guardianships, 0r other court- ordered relationships affecting the children the subject of this suit, other than those which are filed of record herein. 8. PrOperty No property Ofconsequence isowned or possessed by the children the subject of this suit. 9. Termination Sought A. Father Termination 0f the parent-child relationship between Aaron Vaughan and the children, Tarin Ryder Vaughan and Trinity Rebecca Vaughan the subject of this suit is inthe best interest ofthe children, and such termination is requested. As grounds for termination, Intervenors allege that this parent has- a. knowingly placed 0r knowingly allowed the children to remain in conditions or surroundings that endanger the physical or emotional well~being 0f the children; b. engaged in conduct or knowingly placed the children with persons who engaged in conduct that endangers the physical or emotional well-being Ofthe children; c. been the major cause Ofthe children's absence from the home without the consent of the parents 0r guardian for a substantial length of time or without the intent to N0. [2-2355-D; [TIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 9 return; d. used a controlled substance (as defined chapter 481 by of the Texas Health and Safety Code) in a manner that endangered the health or safety of the children and failed to complete a court-ordered substance abuse treatment program; and e. been the cause 0f the children's being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 261.001 of the Texas Family Code. B. Mother Termination of the parent-child relationship between Lacy Vaughan and the children, Tarin Ryder Vaughan and Trinity Rebecca Vaughan the subject of this suit is in the best interest of the children, and such termination is requested. As grounds for termination, Intervenors allege that this parent has- a. knowingly placed or knowingly allowed the children to remain in conditions 0r surroundings that endanger the physical or emotional welI-being 0f the children; b. engaged in conduct or knowingly placed the children with persons who engaged in conduct that endangers the physical 0r emotional well-being of the children; c. been the major cause of the children's absence from the home without the consent of the parents 0r guardian for a substantial length of time or without the intent to return; d. used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the children and failed to complete a court-ordered substance abuse treatment program; and e. been the cause of the children‘s being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 26 I.001 ofthe Texas Family Code. l 0. Attorney Ad Litem N0. 12-2355-D; ITIO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION [N SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 10 Jennifer Deen has been previously appointed as attorney ad litem t0 provide legal services for the children. I 1. Adoption Sought It is in the best interest of the children Tarin Ryder Vaughan and Trinity Rebecca Vaughan the subject of this suit t0 be adopted Michael by Broyles and Kristin Broyles, and adoption of the children issought. 12. Residence with Intervenors The children the subject of this suit will have lived in the home of Intervenors for at Ieast six months when this case is heard for adoption. 13, Children’s Names Intervenors request that the name ofthe child Tarin Ryder Vaughan be changed to Tarin Ryder Broyles. Intervenors request that the name of the child Trinity Rebecca Vaughan be changed to Trinity Rebecca Broyles. 1 4. Social Studies Intervenors request the Court to order the preparation of the preadoptive and postplacement social studies required by the Texas Family Code. Intervenors further request that a copy 0f the social studies be made available to Intervenors before a final order is entered. 15. Medical History Report Intervenors request the Court order Aaron t0 Vaughan and Lacy Vaughan to provide information regarding the medical of Aaron history Vaughan and Lacy Vaughan and Aaron N0. 12-2355-D; [TlO VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE ll Vaughan and Lacy Vaughan’s ancestors. I 6. Sealing QfRecords Intervenors request the Court to order the sealing of the file and the minutes of the Court. 1 7. Attorney’s Fees, Expenses, Costs and Interest It was necessary for Intervenors to secure the services ofAlicia Barkley and Michael K. Hogan, licensed attorneys, to preserve and protect the rights of Intervenors and 0f the children. Reasonable attorneys’ fees, expenses, and costs should be awarded to the attorneys for Intervenors and a judgment should be rendered in favor of the attorneys and against Respondents and be ordered paid directly to the attorney for Intervenors, who may enforce the judgment in the attomeys’ own name. Intervenors request postjudgment interest as allowed by law. 18. Prayer Intervenors pray for relief as requested in this petition. Intervenors pray that the Court, after notice and hearing, grant a temporary injunction enjoining Respondents, in conformity with the allegation of this petition, from the acts set forth above while this case is pending. Intervenors pray that, on final hearing, the Court enter a permanent injunction enjoining Respondents, in conformity with the allegations ofthis petition, from the acts set forth above. Intervenors pray for attorney's fees, expenses, costs, and interest as requested above. Intervenors pray for general relief. NO. 12-2355-D; [T10 VAUGHAN CHILDREN JOINT PETITION 1N INTERVENTION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP AND PETITION FOR TERMINATION AND ADOPTION PAGE 12 '-'///T ii. 05:23 Jul. I0. L‘HJ OLI"+HM LaWVIIfCe Ui HJIL‘Id Na, 33 Ill DiJKlEy ”0.11433 r. "+ Ill l I I Respectfully submitted The Law Offices ofAlicia Barkley, P.C. 21 7 W. Houston Street Tyler, Texas 75702 Tel: (903) 597-5663 Fax: (903) 597—5664 7 B)’: MxM/A) Alicia BarEIey State Bar No. 00792424 Anomey for Intervcnors a Daniel Vaughan and Karen Vaughan The Law Ofiicc Michael K. Hogan 123 E, Houston Tyler, Texas 75702 Tel: (903) 597—3808 Fax: (903) 597-3 870 a/ /. By: Michacl K. Hogan State Bax No. 09801 670 a Attorney for Intervcnors Michael Broylcs and Kristin Broyles Certificate of Service I certify that a true ccpy of the above was served on each attorney ofrecord or party in accordance with tho Texas Rules of Civil Proccd on 1ny Lg 2 “. AkEia Barkley Attorney for Intervcnors Daniel Vaughan and Karen Vaughan N0. 124355-13;mo VAUGHAN CHILDREN JOINT PETITION IN INTERVENTION 1N smr Armcrmo mt PARENT-me RELATIONSHIP AND PETITION FOR TERMINATION AND Aboprxom PAGE 13