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FILED
AUG 30 2016
NOTICE; THIS DOCUMENT
CONTAINS SENSITIVE DATA
LOIS ROGERS TX
COURT, SMT
CAUSE NO. 15-1876-D 73 EPUTY
IN THE INTEREST OF INT DISTRICT COURT\PF
AS. SMITH COUNTY, TEXAS
ACHILD 321ST JUDICIAL DISTRICT
AGREED FINAL ORDER
IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
On June 30, 2016, the Court heard this case.
1 Appearances
L1. The Department of Family and Protective Services (“the Department”) appeared
through VIVIAN TAYLOR, caseworker, and by attorney, TIFFANI WICKEL
and announced ready.
1.2. Respondent Mother LAURA GRIGGS appeared in person and through attomey
of record KYNTOSHIA BROWN and guardian ad litem ALICIA BARKLEY
and announced ready; agreed to the terms of this order as evidenced by signature
on Rule 11 Agreement filed with the Court on June 29, 2016.
13 Respondent Father SHYAM SAH appeared in person and through attorney of
record JENNIFER DEEN and announced ready; agreed to the terms of this order
as evidenced by signature on Rule 11 Agreement filed with the Court on June 29,
2016.
1.4. JAMES CARTER, appointed by the Court as Attorney Ad Litem for the child
the subject of this suit, appeared and announced ready; agreed to the terms of this
order as evidenced by signature on Rule 11 Agreement filed with the Court on
June 29, 2016.
1.5 CASA, appointed by the Court as Guardian Ad Litem for the child the subject of
this suit, appeared and announced ready; agreed to the terms of this order as
evidenced by signature on Rule 11 Agreement filed with the Court on June 29,
2016.
1.6 JAMIE ODOM appeared and announced ready; agreed to the terms of this order
as evidenced by signature on Rule 11 Agreement filed with the Court on June 29,
2016.
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Findings
21 The Court, having examined the record and heard the evidence and argument of
counsel, finds that 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 of this case pursuant to
Subchapter C, Chapter 152, Texas Family Code, by virtue of the fact that Texas is
the home state of the child.
2.3. All persons entitled to citation were properly cited.
2.4. The Court finds that SHYAM SAH is the father of the child ANNABELLA
SAH.
2.5. The Court finds that this order sufficiently defines the rights and duties of the
parents of the child pursuant to § 153.603, Texas Family Code, and no further
parenting plan is appropriate or necessary.
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 321st Judicial
District Court of SMITH County.
The child
The Court finds that the following child is the subject of this suit
Name: ANNABELLA SAH
Sex: Female
Birth Date: July 21, 2011
Social Security Number: XXX-XX-X433
Present Residence: relative's home
Driver’s License Number: na
Managing Conservatorship: ANNABELLA SAH
6.1 The Court finds that appointment of SHYAM SAH and JAMIE ODOM as Joint
Managing Conservators of the subject child, ANNABELLA SAH, is in the best
interest of the subject child.
6.2. The Court finds that the nonparent JAMIE ODOM was informed of the rights
and duties of a nonparent appointed as the Permanent Managing Conservator of a
child.
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6.3. IT IS THEREFORE ORDERED that JAMIE ODOM and SHYAM SAH are
appointed Joint Permanent Managing Conservators of the child ANNABELLA
SAH, with the rights and duties specified ini § 153.371, Texas Family Code; the
Court finds this appointment to be in the best interest of the child.
6.3.1. JAMIE ODOM shall have the exclusive right to the receipt of child
support and to designate the residence of the.child.
6.3.2. JAMIE ODOM shall reside with the child in Smith or contiguous
counties.
64 IT IS FURTHER ORDERED that JAMIE ODOM has the authority to:
6.4.1, Authorize immunization of the child or any other medical treatment that
requires parental consent;
6.4.2. Obtain and maintain health insurance coverage for the child and
automobile insurance coverage for the child, if appropriate;
6.4.3 Enroll the child in a daycare program or school, including pre-
kindergarten;
6.4.4. Authorize the child to participate in school-related or extracurricular or
social activities, including athletic activities;
6.4.5, Authorize the child to obtain a learner's permit, driver's license, or state-
issued identification card;
6.4.6 Authorize employment of the child;
6.4.7, Apply for and receive public benefits for or on behalf of the child; and
6.4.8, Obtain legal services for the child and execute contracts or other legal
documents for the child.
6.5. IT IS FURTHER ORDERED that JAMIE ODOM shall, each twelve months.
after the date of this order, file with the Court a report of facts concerning the
child’s welfare, including the child’s whereabouts and physical condition,
required by § 153.375, Texas Family Code.
6.6. IT IS FURTHER ORDERED that as of the date of the signing of this judgment,
the DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES is
REMOVED as a Managing and/or Possessory Conservator of the child at issue in
this case and is RELEASED from any further duties, or responsibilities pursuant
to any designation or authority that this court may have granted to the Department
during the pendency of this case and prior to the date of this judgment.
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6.7, IT 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 § 1612021, Texas Family Code.
7 Parties Granted Possession or Access
71. Respondent Mother LAURA GRIGGS is appointed possessory conservator of
the child, ANNABELLA SAH. The Court finds that such appointment is in the
best interest of the child, and possession and access shall be as provided by this
order, and does not exceed the restrictions needed to protect the best interest of
the child.
7.2 Rights of Parent at All Times Pursuant to § 153.073, Texas Family Code:
7.2.1. Unless limited by court order, a parent appointed as a conservator of a
child has at all times the right:
7.2.1.1. to receive information from any other conservator of the
child concerning the health, education, and welfare of the
child;
7.2.1.2. to confer with the other parent to the extent possible before
making a decision concerning the health, education, and
welfare of the child;
7.213, of access to medical, dental, psychological, and educational
records of the child;
7.2.1.4. to consult with a physician, dentist, or psychologist of the
child;
7215, to consult with school officials concerning the child’s
welfare and educational status, including school activities;
7.2.1.6, to attend school activities;
7.2.1.7, to be designated on the child’s records as a person to be
notified in case of an emérgency;
7.21.8, to consent to medical, dental, and surgical treatment during
an emergency involving an immediate danger to the health
and safety of the child; and
7.2.1.9. to manage the estate of the child to the extent the estate has
been created by the parent or the parent's family.
73. Rights and Duties During Period of Possession Pursuant to § 153.074, Texas
Family Code:
Final Order
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7.3.1. Unless limited by court order, a parent appointed as a conservator of a
child has the following rights and duties during the period that the parent
has possession of the child:
73.1.1. the duty of care, control, protection, and reasonable
discipline of the child;
7.3.1.2. the duty to support the child, including providing the child
with clothing, food, shelter, and medical and dental care not
involving an invasive procedure;
7.3.1.3 the right to consent for the child to medical and dental care
not involving an invasive procedure; and
73.1.4, the right to direct the moral and religious training of the
child.
1A, Duty to Provide Information Pursuant to § 153.076, Texas Family Code:
7.4.1. IT IS ORDERED that each conservator of the child has a duty to inform
the other conservator of the child in a timely manner of significant
information concerning the health, education, and welfare of the child.
74.2. IT IS ORDERED pursuant to § 153.076(b), Texas Family Code, that each
conservator of the child has the duty to inform the other conservator if the
conservator resides with for at least 30 days, marries, or intends to marry a
person who the conservator knows:
7.4.2.1. is registered as a sex offender under Chapter 62, Code of
Criminal Procedure; or
7.4.2.2, is currently charged with an offense for which on
conviction the person would be required to register under
that chapter.
743. The noticece required to be made under § 153.076(b), Texas Family Code,
must be made as soon as practicable but not later than the 40 day after
the date the conservator of the child begins to reside with the person or the
10" day after the date the marriage occurs, as appropriate. The notice
must include a description of the offense that is the basis of the person’s
requirement to register as a sex offender or of the offense with which the
person is charged.
TAA, IT IS ORDERED pursuant to §153.076(b-1), Texas Family Code, that
each conservator of ANNABELLA SAH has the duty to inform the other
conservator of the child if the conservator:
Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST
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7.4.4.1 Establishes a residence with a person who the conservator knows is
the subject of a final protective order sought by an individual other
than the conservator that is in effect on the date the residence with
the person is established; or
7.4.4.2. Resides with, or allows unsupervised access to a child by, a person
who is the subject of a final protective order sought by the
conservator after the expiration of the 60 day period following the
date the final protective order is issued; or:
74A4.3.Is the subject of a final protective order issued after the date of the
order establishing conservatorship.
745. The notice required to be made under §153.076(b-1), Texas Family Code,
must be made as soon as practicable but not later than:
74,5.1.The 30" day after the date the conservator establishes residence
with the person who is the subject of the final protective order, if
notice is required by subsection 7.5.4.1 above; or
745.2.The 90" day after the date the final protective order was issued, if
notice is required by subsection 7.5.4.2 above; or
7.4.5,3.The 30° day after the date the final protective order was issued, if
notice is required by subsection 7.5.4.3 above.
746. A CONSERVATOR COMMITS AN OFFENSE IF THE
CONSERVATOR FAILS TO PROVIDE NOTICE IN THE
MANNER REQUIRED BY SUBSECTIONS (b) AND (0), OR
SUBSECTIONS (b-1) AND (c-1), AS APPLICABLE, OF § 153.076,
TEXAS FAMILY CODE. AN OFFENSE UNDER § 153.076 (d) IS A
CLASS C MISDEMEANOR.
75. IT IS ORDERED that the conservators shall have possession of the child as
specified in Attachment A to this order, which is incorporated herein as if set out
verbatim in this paragraph. The periods of possession ordered above apply to
each child the subject of this suit while that child is under the age of eighteen
years and not otherwise emancipated.
Child Support
IT IS ORDERED that the Respondent Father, SHYAM SAH, shall pay child support
for the child as set forth in Attachment B to this Order, which is incorporated herein as if
set out verbatim.in this paragraph.
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Statement On Modification
THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE
SUPPORT OF A CHILD, IF:
91, THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED
BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY
CHANGED; OR
9.2. IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED
OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD
SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20
PERCENT OR $100.00 FROM THE AMOUNT THAT WOULD BE
AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT
GUIDELINES.
10. Medical Support and Health Insurance
IT IS ORDERED that the Respondent Father, SHYAM SAH, shall provide for the
medical. support of the child as set forth in Attachment C to this Order, which is
incorporated herein as if set out verbatim in this paragraph.
11 Required Information and Notices Regarding the Parties and Child
11.1. EXCEPT FOR THOSE PERSONS SPECIFICALLY EXEMPTED FROM
SUCH DISCLOSURE BELOW, EACH PERSON WHO IS A PARTY TO
THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE
PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ‘ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
EMPLOYMENT, DRIVER’S LICENSE NUMBER AND WORK
TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE
OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE
STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE
THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
COULD NOT HAVE KNOWN OF THE CHANGE IN SUFEICIENT TIME
TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIETH DAY AFTER
THE DATE THAT THE PARTY KNOWS OF THE CHANGE.
11.2. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER
PARTY, THE COURT, AND THE STATE CASE REGISTRY
CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR
ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
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11.3. 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.
11.4. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE
CASE REGISTRY WITH THE CHANGE IN THE REQUIRED
INFORMATION MAY RESULT IN FURTHER LITIGATION TO
ENFORCE THE ORDER, INCLUDING. CONTEMPT OF COURT. A
FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN
JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH
VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF
ATTORNEY’S FEES AND COURT COSTS.
11.5 Notice shall be given to the other party by delivering a copy of the notice to the
party by registered or certified mail, return receipt requested. Notice shall be
given to the Court by delivering a copy of the notice either in person to the clerk
of the Court or by registered or certified mail addressed to the clerk. Notice to the
State Case Registry shall not be required until the registry is established and
procedures for notification published by the Title IV-D agency under Chapter
234, Texas Family Code.
11.6. The child’s.information isprovided above; the informationrequired of each party
not exempted from such disclosure is:
Final Order in Suit Affecting Parent-Child Relationship. 15-1876-D
/ 321ST.
Page
11.6.1 Name: LAURA GRIGGS
Social Security number: XXX-XX-X064
Current address
11.6.2 Name SHYAM SAH
Social Security number: XXX-XX-X476
Current address:
12. Warnings to Parties
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY
CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500
FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF
ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY
RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE
PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS
TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR
ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-
ORDERED CHILD SUPPORT TO THAT PARTY.
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 and the Respondent Parents are hereby terminated
and any parties claiming a court-ordered relationship with the child and the Respondent
Parents are DISMISSED from this suit.
14. Nonsuit of Other Relief
All relief requested in this case, and not expressly granted, was nonsuited by the
Department.
15. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO § 263.405, TEXAS
FAMILY CODE
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
Final Orderin Suit Affecting Parent-Chitd Relationship 15-1876-D /321ST
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APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF
APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN
THE DISMISSAL OF THE APPEAL.
16, 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.
SIGNED and ENTERED thiG{> day of ( Lug 2016.
JUDGE PRESIDING
Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST
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ATTACHMENT A
Possession of and Access to the Child
17. IT IS ORDERED that Respondent Mother, LAURA GRIGGS, named as possessory
conservator of the child, ANNABELLA SAH, shall have supervised possession and
access as follows:
17.1 at times mutually agreed to in advance by the parties; and, in the absence of
mutual agreement, on the following schedule, terms and conditions:
17.1.1. LAURA GRIGGS shall have line of sight supervised day visits as agreed
to by JAMIE ODOM.
17.1.2. In the event of no agreement, LAURA GRIGGS shall have supervised
visitation at least once weekly for a minimum of two hours at
times/locations agreed to by JAMIE ODOM and LAURA GRIGGS.
17.2. LAURA GRIGGS shall execute any and all releases necessary so that JAMIE
ODOM is able to communicate with her (LAURA GRIGGS’) mental health
providers in order to verify that she (LAURA GRIGGS) remains medication
compliant and continues to follow recommendations made by her providers.
17. 2.1. 1f JAMIE ODOM has verified that LAURA GRIGGS is medication
compliant, is following the recommendations of her mental health
providers and so long as she (JAMIE ODOM) feels such is safe and
appropriate, JAMIE ODOM may approve the following
17.2.1.1.Non-line of sight supervised contact between LAURA GRIGGS
and the subject child.
17.2.1... LAURA GRIGGS’ attendance at public events, school activities
and/or church activities that the subject child is participating in
(without supervision).
17.2.1.3.SHYAM SAH is a person that JAMIE ODOM can designate to
supervise LAURA GRIGGS? day visits.
18. IT IS ORDERED that Respondent Father, SHYAM SAH, named as a managing
conservator of the child, ANNABELLA SAH, shall have possession and access as
follows:
18.1 at times mutually agreed to in advance by the parties; and, in the absence of
mutual agreement, on the following schedule, terms and conditions:
18.1.1. SHYAM SAH shall have reasonable (unsupervised) visitation with the
subject child by agreement;
‘Attachment: Possession of and Access to the Children ‘SAP 141
Paget
18.1.2. The Court finds that the parties agree that reasonable visitation would be
at a minimum of 2 or 3 times a week for at least 1 hour per visit at
times/locations agreed to by JAMIE ODOM and SHYAM SAH.
18.1.3. SHYAM SAH may have unsupervised overnight visits with the subject
child, so long as LAURA GRIGGS is not present, as agreed.
‘Attachment: Possession of and Accessto the Children ASAP 11
Page 2
ATTACHMENT B
Child Support
19, Child Support Obligation: SHYAM SAH
19.1 The Court finds that SHYAM SAH is obligated to support ANNABELLA SAH,
a child the subject of this suit, pursuant to §154.001, Texas Family Code.
19.2. Monthly Payments
19.2.1. IT IS ORDERED that SHYAM SAH is obligated: to pay and shall pay
child support to JAMIE ODOM in the amount of 381.00 per month for
the support of ANNABELLA SAH, with the first payment being due and
payable on the 1° day of September, 2016 and a like payment being due
and payable on the 1* day of each month thereafter until the first month
following the date of the earliest occurrence of one of the events specified
below
19,2.1.1. The child reaches the age of eighteen years, provided that, if the
child is fully enrolled in an accredited secondary school in a
program leading toward a high school diploma, the periodic child
support payments shall continue to be due and paid until the end
of the month in which the child graduates;
19.2.1.2. The child marries;
19.2.1.3. The child dies:
19.2.1.4. The child’s disabilities are otherwise removed for general
purposes.
19.2.1.5, further order modifying this child support;
19,2,1.6, The child is dismissed from this action; or
19.2.1.7. the date on which the child begins active service in the armed
forces, as defined by 10 U.S.C., Section 101
19.3 Notice of Change of Employer
IT IS FURTHER ORDERED that SHYAM SAH and his employer shall notify
this Court and the Managing Conservator of the child the subject of this suit by
US. certified mail, return receipt requésted, of any termination of employment.
This notice shall be given no later than seven days after the termination of
employment, and shall include the current, or last known address of SHYAM
SAH and the name and address of the new employer, if known. SHYAM SAH
Attachment: Child Support 15-1876-D
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Page 3. ASAP 11
shall inform any subsequent employer of this support obligation and the
withholding order,
20. Place and Manner of Payment of Child Support
20.1. IT IS ORDERED that all child support payments are to be made through the
Texas Child Support State Disbursement Unit, P.O. Box 659791, San Antonio,
Texas 78265-9791, for distribution according to law.
21 Statement on Guidelines
To the extent that any support obligation specified above varies from the amount
computed. by applying the percentage guidelines in Chapter 154, Texas Family Code, the
Court finds that the application of the percentage guidelines. would be unjust or
inappropriate, as more particularly shown in this Court’s Findings on Child Support
Order with respect to each obligor, which findings are incorporated herein as if set out
verbatim in this paragraph.
22, Statement On Modification
THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE
SUPPORT OF A CHILD, IF:
22.1, THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED
BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY
CHANGED; OR
22.2, IT HAS. BEEN THREE YEARS SINCE THE ORDER WAS RENDERED
OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD
SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20
PERCENT OR $100.00 FROM THE AMOUNT THAT WOULD BE
AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT
GUIDELINES.
23. Termination of Duty of Support
Pursuant to §154.006, Texas Family Code, unless otherwise agreed in writing or
expressly provided in the order or as provided by Subsection (b), the child support order
terminates on
23.1. The child reaches the age of eighteen years, provided that, if the child is fully
enrolled in an accredited secondary school in a program leading toward a high
school diploma, the periodic child support payments shall continue to be due and
paid until the end of the month in which the child graduates;
23.2. The child marries;
23.3. The child dies;
‘Attachment: Chilé Support 16-1876-D/321ST
Page4 ASAP 11
23.4, The child’s disabilities are otherwise removed for general purposes;
23.5 further order modifying this child support;
23.6. The child is dismissed from this action; or
23.7. the ‘date on which the child begins active service in the armed forces, as defined
by 10 U.S.C., Section 101.
‘Attachment. Child Support 15-1876-D /321ST
Page 5 ASAP 11
ATTACHMENT C
Medical Support and Health Insurance Provisions
24, Parent Obligated to Pay'for Health Insurance: SHYAM SAH
24.1. The Court finds that SHYAM SAH is obligated to pay for health insurance for
the child, ANNABELLA SAH, and that this obligation is in addition to the
amounts required for child support under this order; SHYAM SAH shall ensure
that the child remains on medical insurance through his employer.
24.2. Change, Termination or Lapse of Insurance
Tf the health insurance coverage for ANNABELLA SAH changes, lapses or
terminates, SHYAM SAH is ORDERED to notify the other party, and provide
any additional information regarding health insurance coverage that becomes
available, no later than the fifteenth day after the date of such change, termination
or lapse. If additional health insurance is available or becomes available to
SHYAM SAH, she shall notify the child’s Managing Conservator no later than
the fifteenth day after the date the insurance becomes available, and shall enroll
the child in a health insurance plan at the next available enrollment period.
General Health Insurance Provisions
25.1. “Health insurance” is defined as insurance coverage that provides basic health-
care services, including usual physician services, office visits, hospitalization, and
laboratory, X-ray, and emergency services and may be provided through a health
maintenance organization or other private or public organization.
25.2. In addition to the provision of insurance or cash medical support ordered above,
SHYAM SAH is ORDERED to pay 100% of all reasonable and necessary
health-care expenses not paid by insurance and incurred by or on behalf of the
child,. including, without limitation, the yearly deductible and medical,
prescription drug, psychiatric, psychological, dental, eye care, ophthalmologic,
and orthodontic charges, for as long as child support is payable under the terms of
these orders.
25,3. IT IS ORDERED that the party who pays for a health-care expense on behalf of
the child shall submit to the obligated parent(s), within ten days of receiving
them, all forms, receipts, bills, and statements reflecting the uninsured portion of
the health-care expenses the paying party incurs on behalf of the child.
25.4. IT IS FURTHER ORDERED that, within ten days after the non-paying party
receives the forms, receipts, bills, or statements, that party shall pay his or her
share of the uninsured portion of the health-care expenses either by paying the
health-care provider directly or by reimbursing the paying party for any advance
payment exceeding the paying party’s share of the expenses.
‘AttachmentC: Medical Support ASAP 2013
‘Page
25.5. IT IS ORDERED that reasonableness of the charges for health-care expenses
shall be presumed on presentation of the bill to a party and that disallowance of
the bill by a health insurer shall not excuse that party’s obligation to make
payment or reimbursement as otherwise provided herein.
25.6. IT IS ORDERED that a party providing health insurance shall furnish to the
child’s Managing Conservator the following information no later than the tenth
day after the date the notice of the rendition of this decree is received:
the Social Security number of the party providing insurance;
the name and address of the employer of the party providing insurance;
whether the employer is self-insured or has health insurance available;
proof that health insurance has been provided for the child; and,
either the name of the health insurance carrier, the number of the policy, a copy
of the policy and schedule of benefits, a health insurance membership card,
claim forms, and any other information necessary to submit a claim
or, if the employer is self-insured, a copy of the schedule of benefits, a
membership card, claim forms, and any other information necessary to submit
aclaim.
25.7. Notices and other communications required to carry out the terms of this medical
support order shall be given by certified mail, retum receipt requested to the
address provided for the receiving party in this order.
25.8. Constructive Trust for Payments Received
IT IS ORDERED thatany insurance payments received by the party carrying the
health insurance policy covering the child from the health insurance carrier as
reimbursement for health-care expenses incurred by or on behalf of the child shall
belong to the party who incurred and paid those expenses. IT IS FURTHER
ORDERED that the party carrying the policy is designated a constructive trustee
to receive any insurance checks or payments for health-care expenses incurred
and paid by the other party, and the party carrying the policy shall endorse and
forward the checks or payments, along with any explanation of benefits, to the
other party within three days of receiving them.
25.9. Insurance Claim by Party Not Carrying Insurance
In accordance with Article 3.51—13 of the Texas Insurance Code, IT 1S
ORDERED that the party who is not carrying the health insurance policy
covering the child may, at that party’s option, file directly with the insurance
carrier with whom coverage is provided for the benefit of the child any claims for
health-care expenses, including, but not limited to, medical, hospitalization, and
dental costs. Further, for the sole purpose of article 3.51—13 of the Texas
Insurance Code, the party who is not carrying the health insurance policy is
designated the managing conservator of the child.
Attachment C: Medical Support ASAP 2013
Page 2
26, Warning
A parent ordered to provide health insurance who fails to do so is liable for
necessary medical expenses of the child, without regard to whether the expenses
would have been paid if health insurance had been provided.
Attachment C: Medical Support ASAP 2013
Page 3
Preview
FILED AUG 30 2016 NOTICE; THIS DOCUMENT CONTAINS SENSITIVE DATA LOIS ROGERS TX COURT, SMT CAUSE NO. 15-1876-D 73 EPUTY IN THE INTEREST OF INT DISTRICT COURT\PF AS. SMITH COUNTY, TEXAS ACHILD 321ST JUDICIAL DISTRICT AGREED FINAL ORDER IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP On June 30, 2016, the Court heard this case. 1 Appearances L1. The Department of Family and Protective Services (“the Department”) appeared through VIVIAN TAYLOR, caseworker, and by attorney, TIFFANI WICKEL and announced ready. 1.2. Respondent Mother LAURA GRIGGS appeared in person and through attomey of record KYNTOSHIA BROWN and guardian ad litem ALICIA BARKLEY and announced ready; agreed to the terms of this order as evidenced by signature on Rule 11 Agreement filed with the Court on June 29, 2016. 13 Respondent Father SHYAM SAH appeared in person and through attorney of record JENNIFER DEEN and announced ready; agreed to the terms of this order as evidenced by signature on Rule 11 Agreement filed with the Court on June 29, 2016. 1.4. JAMES CARTER, appointed by the Court as Attorney Ad Litem for the child the subject of this suit, appeared and announced ready; agreed to the terms of this order as evidenced by signature on Rule 11 Agreement filed with the Court on June 29, 2016. 1.5 CASA, appointed by the Court as Guardian Ad Litem for the child the subject of this suit, appeared and announced ready; agreed to the terms of this order as evidenced by signature on Rule 11 Agreement filed with the Court on June 29, 2016. 1.6 JAMIE ODOM appeared and announced ready; agreed to the terms of this order as evidenced by signature on Rule 11 Agreement filed with the Court on June 29, 2016. F inalage Ordern Suit Afecing Parent-Chid Relavonship 15-1876-D /321ST ASAP 2015 Findings 21 The Court, having examined the record and heard the evidence and argument of counsel, finds that 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 of this case pursuant to Subchapter C, Chapter 152, Texas Family Code, by virtue of the fact that Texas is the home state of the child. 2.3. All persons entitled to citation were properly cited. 2.4. The Court finds that SHYAM SAH is the father of the child ANNABELLA SAH. 2.5. The Court finds that this order sufficiently defines the rights and duties of the parents of the child pursuant to § 153.603, Texas Family Code, and no further parenting plan is appropriate or necessary. 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 321st Judicial District Court of SMITH County. The child The Court finds that the following child is the subject of this suit Name: ANNABELLA SAH Sex: Female Birth Date: July 21, 2011 Social Security Number: XXX-XX-X433 Present Residence: relative's home Driver’s License Number: na Managing Conservatorship: ANNABELLA SAH 6.1 The Court finds that appointment of SHYAM SAH and JAMIE ODOM as Joint Managing Conservators of the subject child, ANNABELLA SAH, is in the best interest of the subject child. 6.2. The Court finds that the nonparent JAMIE ODOM was informed of the rights and duties of a nonparent appointed as the Permanent Managing Conservator of a child. Final Order in Suit Affecing Parent-Child Relationship 45-1876-D /321ST Page 2 2015 6.3. IT IS THEREFORE ORDERED that JAMIE ODOM and SHYAM SAH are appointed Joint Permanent Managing Conservators of the child ANNABELLA SAH, with the rights and duties specified ini § 153.371, Texas Family Code; the Court finds this appointment to be in the best interest of the child. 6.3.1. JAMIE ODOM shall have the exclusive right to the receipt of child support and to designate the residence of the.child. 6.3.2. JAMIE ODOM shall reside with the child in Smith or contiguous counties. 64 IT IS FURTHER ORDERED that JAMIE ODOM has the authority to: 6.4.1, Authorize immunization of the child or any other medical treatment that requires parental consent; 6.4.2. Obtain and maintain health insurance coverage for the child and automobile insurance coverage for the child, if appropriate; 6.4.3 Enroll the child in a daycare program or school, including pre- kindergarten; 6.4.4. Authorize the child to participate in school-related or extracurricular or social activities, including athletic activities; 6.4.5, Authorize the child to obtain a learner's permit, driver's license, or state- issued identification card; 6.4.6 Authorize employment of the child; 6.4.7, Apply for and receive public benefits for or on behalf of the child; and 6.4.8, Obtain legal services for the child and execute contracts or other legal documents for the child. 6.5. IT IS FURTHER ORDERED that JAMIE ODOM shall, each twelve months. after the date of this order, file with the Court a report of facts concerning the child’s welfare, including the child’s whereabouts and physical condition, required by § 153.375, Texas Family Code. 6.6. IT IS FURTHER ORDERED that as of the date of the signing of this judgment, the DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES is REMOVED as a Managing and/or Possessory Conservator of the child at issue in this case and is RELEASED from any further duties, or responsibilities pursuant to any designation or authority that this court may have granted to the Department during the pendency of this case and prior to the date of this judgment. Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST Page3 ASAP 2015 6.7, IT 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 § 1612021, Texas Family Code. 7 Parties Granted Possession or Access 71. Respondent Mother LAURA GRIGGS is appointed possessory conservator of the child, ANNABELLA SAH. The Court finds that such appointment is in the best interest of the child, and possession and access shall be as provided by this order, and does not exceed the restrictions needed to protect the best interest of the child. 7.2 Rights of Parent at All Times Pursuant to § 153.073, Texas Family Code: 7.2.1. Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: 7.2.1.1. to receive information from any other conservator of the child concerning the health, education, and welfare of the child; 7.2.1.2. to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; 7.213, of access to medical, dental, psychological, and educational records of the child; 7.2.1.4. to consult with a physician, dentist, or psychologist of the child; 7215, to consult with school officials concerning the child’s welfare and educational status, including school activities; 7.2.1.6, to attend school activities; 7.2.1.7, to be designated on the child’s records as a person to be notified in case of an emérgency; 7.21.8, to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and 7.2.1.9. to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 73. Rights and Duties During Period of Possession Pursuant to § 153.074, Texas Family Code: Final Order in Suit Affecting Parent-Child Relationship 15-1876-D/ 321ST Page4 ASAP 2015 7.3.1. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: 73.1.1. the duty of care, control, protection, and reasonable discipline of the child; 7.3.1.2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 7.3.1.3 the right to consent for the child to medical and dental care not involving an invasive procedure; and 73.1.4, the right to direct the moral and religious training of the child. 1A, Duty to Provide Information Pursuant to § 153.076, Texas Family Code: 7.4.1. IT IS ORDERED that each conservator of the child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 74.2. IT IS ORDERED pursuant to § 153.076(b), Texas Family Code, that each conservator of the child has the duty to inform the other conservator if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: 7.4.2.1. is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or 7.4.2.2, is currently charged with an offense for which on conviction the person would be required to register under that chapter. 743. The noticece required to be made under § 153.076(b), Texas Family Code, must be made as soon as practicable but not later than the 40 day after the date the conservator of the child begins to reside with the person or the 10" day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. TAA, IT IS ORDERED pursuant to §153.076(b-1), Texas Family Code, that each conservator of ANNABELLA SAH has the duty to inform the other conservator of the child if the conservator: Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST Pages ASAP 2015 7.4.4.1 Establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; or 7.4.4.2. Resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60 day period following the date the final protective order is issued; or: 74A4.3.Is the subject of a final protective order issued after the date of the order establishing conservatorship. 745. The notice required to be made under §153.076(b-1), Texas Family Code, must be made as soon as practicable but not later than: 74,5.1.The 30" day after the date the conservator establishes residence with the person who is the subject of the final protective order, if notice is required by subsection 7.5.4.1 above; or 745.2.The 90" day after the date the final protective order was issued, if notice is required by subsection 7.5.4.2 above; or 7.4.5,3.The 30° day after the date the final protective order was issued, if notice is required by subsection 7.5.4.3 above. 746. A CONSERVATOR COMMITS AN OFFENSE IF THE CONSERVATOR FAILS TO PROVIDE NOTICE IN THE MANNER REQUIRED BY SUBSECTIONS (b) AND (0), OR SUBSECTIONS (b-1) AND (c-1), AS APPLICABLE, OF § 153.076, TEXAS FAMILY CODE. AN OFFENSE UNDER § 153.076 (d) IS A CLASS C MISDEMEANOR. 75. IT IS ORDERED that the conservators shall have possession of the child as specified in Attachment A to this order, which is incorporated herein as if set out verbatim in this paragraph. The periods of possession ordered above apply to each child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. Child Support IT IS ORDERED that the Respondent Father, SHYAM SAH, shall pay child support for the child as set forth in Attachment B to this Order, which is incorporated herein as if set out verbatim.in this paragraph. Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST Page 6 ASAP 2015, Statement On Modification THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF: 91, THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED; OR 9.2. IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100.00 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES. 10. Medical Support and Health Insurance IT IS ORDERED that the Respondent Father, SHYAM SAH, shall provide for the medical. support of the child as set forth in Attachment C to this Order, which is incorporated herein as if set out verbatim in this paragraph. 11 Required Information and Notices Regarding the Parties and Child 11.1. EXCEPT FOR THOSE PERSONS SPECIFICALLY EXEMPTED FROM SUCH DISCLOSURE BELOW, EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ‘ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFEICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIETH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. 11.2. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. Final Orderin Suit Affecting Parent-Chid Relationship 15-1876-D /321ST Page 7 ASAP 2015 11.3. 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. 11.4. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING. CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. 11.5 Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk. Notice to the State Case Registry shall not be required until the registry is established and procedures for notification published by the Title IV-D agency under Chapter 234, Texas Family Code. 11.6. The child’s.information isprovided above; the informationrequired of each party not exempted from such disclosure is: Final Order in Suit Affecting Parent-Child Relationship. 15-1876-D / 321ST. Page 11.6.1 Name: LAURA GRIGGS Social Security number: XXX-XX-X064 Current address 11.6.2 Name SHYAM SAH Social Security number: XXX-XX-X476 Current address: 12. Warnings to Parties FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT- ORDERED CHILD SUPPORT TO THAT PARTY. 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 and the Respondent Parents are hereby terminated and any parties claiming a court-ordered relationship with the child and the Respondent Parents are DISMISSED from this suit. 14. Nonsuit of Other Relief All relief requested in this case, and not expressly granted, was nonsuited by the Department. 15. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO § 263.405, TEXAS FAMILY CODE 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 Final Orderin Suit Affecting Parent-Chitd Relationship 15-1876-D /321ST Page 9 ASAP 2015 APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL. 16, 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. SIGNED and ENTERED thiG{> day of ( Lug 2016. JUDGE PRESIDING Final Order in Suit Affecting Parent-Child Relationship 15-1876-D /321ST Page 10 ASAP 2015 ATTACHMENT A Possession of and Access to the Child 17. IT IS ORDERED that Respondent Mother, LAURA GRIGGS, named as possessory conservator of the child, ANNABELLA SAH, shall have supervised possession and access as follows: 17.1 at times mutually agreed to in advance by the parties; and, in the absence of mutual agreement, on the following schedule, terms and conditions: 17.1.1. LAURA GRIGGS shall have line of sight supervised day visits as agreed to by JAMIE ODOM. 17.1.2. In the event of no agreement, LAURA GRIGGS shall have supervised visitation at least once weekly for a minimum of two hours at times/locations agreed to by JAMIE ODOM and LAURA GRIGGS. 17.2. LAURA GRIGGS shall execute any and all releases necessary so that JAMIE ODOM is able to communicate with her (LAURA GRIGGS’) mental health providers in order to verify that she (LAURA GRIGGS) remains medication compliant and continues to follow recommendations made by her providers. 17. 2.1. 1f JAMIE ODOM has verified that LAURA GRIGGS is medication compliant, is following the recommendations of her mental health providers and so long as she (JAMIE ODOM) feels such is safe and appropriate, JAMIE ODOM may approve the following 17.2.1.1.Non-line of sight supervised contact between LAURA GRIGGS and the subject child. 17.2.1... LAURA GRIGGS’ attendance at public events, school activities and/or church activities that the subject child is participating in (without supervision). 17.2.1.3.SHYAM SAH is a person that JAMIE ODOM can designate to supervise LAURA GRIGGS? day visits. 18. IT IS ORDERED that Respondent Father, SHYAM SAH, named as a managing conservator of the child, ANNABELLA SAH, shall have possession and access as follows: 18.1 at times mutually agreed to in advance by the parties; and, in the absence of mutual agreement, on the following schedule, terms and conditions: 18.1.1. SHYAM SAH shall have reasonable (unsupervised) visitation with the subject child by agreement; ‘Attachment: Possession of and Access to the Children ‘SAP 141 Paget 18.1.2. The Court finds that the parties agree that reasonable visitation would be at a minimum of 2 or 3 times a week for at least 1 hour per visit at times/locations agreed to by JAMIE ODOM and SHYAM SAH. 18.1.3. SHYAM SAH may have unsupervised overnight visits with the subject child, so long as LAURA GRIGGS is not present, as agreed. ‘Attachment: Possession of and Accessto the Children ASAP 11 Page 2 ATTACHMENT B Child Support 19, Child Support Obligation: SHYAM SAH 19.1 The Court finds that SHYAM SAH is obligated to support ANNABELLA SAH, a child the subject of this suit, pursuant to §154.001, Texas Family Code. 19.2. Monthly Payments 19.2.1. IT IS ORDERED that SHYAM SAH is obligated: to pay and shall pay child support to JAMIE ODOM in the amount of 381.00 per month for the support of ANNABELLA SAH, with the first payment being due and payable on the 1° day of September, 2016 and a like payment being due and payable on the 1* day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below 19,2.1.1. The child reaches the age of eighteen years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma, the periodic child support payments shall continue to be due and paid until the end of the month in which the child graduates; 19.2.1.2. The child marries; 19.2.1.3. The child dies: 19.2.1.4. The child’s disabilities are otherwise removed for general purposes. 19.2.1.5, further order modifying this child support; 19,2,1.6, The child is dismissed from this action; or 19.2.1.7. the date on which the child begins active service in the armed forces, as defined by 10 U.S.C., Section 101 19.3 Notice of Change of Employer IT IS FURTHER ORDERED that SHYAM SAH and his employer shall notify this Court and the Managing Conservator of the child the subject of this suit by US. certified mail, return receipt requésted, of any termination of employment. This notice shall be given no later than seven days after the termination of employment, and shall include the current, or last known address of SHYAM SAH and the name and address of the new employer, if known. SHYAM SAH Attachment: Child Support 15-1876-D / 321ST Page 3. ASAP 11 shall inform any subsequent employer of this support obligation and the withholding order, 20. Place and Manner of Payment of Child Support 20.1. IT IS ORDERED that all child support payments are to be made through the Texas Child Support State Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, for distribution according to law. 21 Statement on Guidelines To the extent that any support obligation specified above varies from the amount computed. by applying the percentage guidelines in Chapter 154, Texas Family Code, the Court finds that the application of the percentage guidelines. would be unjust or inappropriate, as more particularly shown in this Court’s Findings on Child Support Order with respect to each obligor, which findings are incorporated herein as if set out verbatim in this paragraph. 22, Statement On Modification THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF: 22.1, THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED; OR 22.2, IT HAS. BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100.00 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES. 23. Termination of Duty of Support Pursuant to §154.006, Texas Family Code, unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on 23.1. The child reaches the age of eighteen years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma, the periodic child support payments shall continue to be due and paid until the end of the month in which the child graduates; 23.2. The child marries; 23.3. The child dies; ‘Attachment: Chilé Support 16-1876-D/321ST Page4 ASAP 11 23.4, The child’s disabilities are otherwise removed for general purposes; 23.5 further order modifying this child support; 23.6. The child is dismissed from this action; or 23.7. the ‘date on which the child begins active service in the armed forces, as defined by 10 U.S.C., Section 101. ‘Attachment. Child Support 15-1876-D /321ST Page 5 ASAP 11 ATTACHMENT C Medical Support and Health Insurance Provisions 24, Parent Obligated to Pay'for Health Insurance: SHYAM SAH 24.1. The Court finds that SHYAM SAH is obligated to pay for health insurance for the child, ANNABELLA SAH, and that this obligation is in addition to the amounts required for child support under this order; SHYAM SAH shall ensure that the child remains on medical insurance through his employer. 24.2. Change, Termination or Lapse of Insurance Tf the health insurance coverage for ANNABELLA SAH changes, lapses or terminates, SHYAM SAH is ORDERED to notify the other party, and provide any additional information regarding health insurance coverage that becomes available, no later than the fifteenth day after the date of such change, termination or lapse. If additional health insurance is available or becomes available to SHYAM SAH, she shall notify the child’s Managing Conservator no later than the fifteenth day after the date the insurance becomes available, and shall enroll the child in a health insurance plan at the next available enrollment period. General Health Insurance Provisions 25.1. “Health insurance” is defined as insurance coverage that provides basic health- care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services and may be provided through a health maintenance organization or other private or public organization. 25.2. In addition to the provision of insurance or cash medical support ordered above, SHYAM SAH is ORDERED to pay 100% of all reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of the child,. including, without limitation, the yearly deductible and medical, prescription drug, psychiatric, psychological, dental, eye care, ophthalmologic, and orthodontic charges, for as long as child support is payable under the terms of these orders. 25,3. IT IS ORDERED that the party who pays for a health-care expense on behalf of the child shall submit to the obligated parent(s), within ten days of receiving them, all forms, receipts, bills, and statements reflecting the uninsured portion of the health-care expenses the paying party incurs on behalf of the child. 25.4. IT IS FURTHER ORDERED that, within ten days after the non-paying party receives the forms, receipts, bills, or statements, that party shall pay his or her share of the uninsured portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the paying party for any advance payment exceeding the paying party’s share of the expenses. ‘AttachmentC: Medical Support ASAP 2013 ‘Page 25.5. IT IS ORDERED that reasonableness of the charges for health-care expenses shall be presumed on presentation of the bill to a party and that disallowance of the bill by a health insurer shall not excuse that party’s obligation to make payment or reimbursement as otherwise provided herein. 25.6. IT IS ORDERED that a party providing health insurance shall furnish to the child’s Managing Conservator the following information no later than the tenth day after the date the notice of the rendition of this decree is received: the Social Security number of the party providing insurance; the name and address of the employer of the party providing insurance; whether the employer is self-insured or has health insurance available; proof that health insurance has been provided for the child; and, either the name of the health insurance carrier, the number of the policy, a copy of the policy and schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim or, if the employer is self-insured, a copy of the schedule of benefits, a membership card, claim forms, and any other information necessary to submit aclaim. 25.7. Notices and other communications required to carry out the terms of this medical support order shall be given by certified mail, retum receipt requested to the address provided for the receiving party in this order. 25.8. Constructive Trust for Payments Received IT IS ORDERED thatany insurance payments received by the party carrying the health insurance policy covering the child from the health insurance carrier as reimbursement for health-care expenses incurred by or on behalf of the child shall belong to the party who incurred and paid those expenses. IT IS FURTHER ORDERED that the party carrying the policy is designated a constructive trustee to receive any insurance checks or payments for health-care expenses incurred and paid by the other party, and the party carrying the policy shall endorse and forward the checks or payments, along with any explanation of benefits, to the other party within three days of receiving them. 25.9. Insurance Claim by Party Not Carrying Insurance In accordance with Article 3.51—13 of the Texas Insurance Code, IT 1S ORDERED that the party who is not carrying the health insurance policy covering the child may, at that party’s option, file directly with the insurance carrier with whom coverage is provided for the benefit of the child any claims for health-care expenses, including, but not limited to, medical, hospitalization, and dental costs. Further, for the sole purpose of article 3.51—13 of the Texas Insurance Code, the party who is not carrying the health insurance policy is designated the managing conservator of the child. Attachment C: Medical Support ASAP 2013 Page 2 26, Warning A parent ordered to provide health insurance who fails to do so is liable for necessary medical expenses of the child, without regard to whether the expenses would have been paid if health insurance had been provided. Attachment C: Medical Support ASAP 2013 Page 3