Preview
FILED: 8/27/2020 1:40 PM
David Trantham
Denton County District Clerk
By: Kristie Kaviani, Deputy
VNOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
20-6774-393
CAUSE NO.
IN THE INTEREST OF IN THE DISTRICT COURT OF
JOSIAH WILSON DENTON COUNTY, TEXAS
AVERI WILSON
THE CHILDREN JUDICIAL DISTRICT
ORIGINAL PETITION FOR PROTECTION OF A CHILD,
FOR CONSERVATORSHIP, AND FOR TERMINATION
IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
This Original Petition for Protection ofa Child, for Conservatorship, and for Termination in Suit
Affecting the Parent-Child Relationship is brought by the Department of Family and Protective
Services (“the Department”), whose address is 1450 E. McKinney, Suite 3100, Denton, Texas
76209 for the purposes of§ 30.015, Texas Civil Practice and Remedies Code. The Department
has standing to bring this suit under §§ 102.003(5) and 262.001, Texas Family Code.
1. Discovery Level
Discovery in this case is intended to be conducted under Level 2, subject to the discovery
limitations provided by Rule 190.3, unless modified by order pursuant to Rule 190.5, Texas
Rules of Civil Procedure.
Jurisdiction
2.1. This Court has jurisdiction of the suit affecting the parent-child relationship and of
the suit for protection of a child under Chapter 262, Texas Family Code, and
Petitioner believes no other Court has continuing, exclusive jurisdiction over the
children.
2D, In accordance with § 155.101(a), Texas Family Code, the Department will request
that the Vital Statistics Unit identify the court that last had continuing, exclusive
jurisdiction, or confirm that the children have not been the subjects of a suit
resulting in a court of continuing jurisdiction.
2.3. Information required by § 152.209 of the Texas Family Code is provided in the
affidavit attached to this petition. This Court has emergency and/or home state
jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
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3. The Children:
The following children are the subject of this suit
3.1. Name: JOSIAH WILSON
Sex: Male
Birth Date May 4, 2016
Indian Child Status UNKNOWN
3.2. Name: AVERI WILSON
Sex: Female
Birth Date December 26, 2017
Indian Child Status UNKNOWN
4. Parties to be Served
4.1. The mother of the children the subject of this suit is:
Party: JADA MCCALL
Date of Birth: January 24, 1997
Address: 2425 Old North Rd Apt. 1, Denton, TX 76209
The Department requests that process be served at that address or in Court.
4.2 The alleged father of the child JOSIAH WILSON AND AVERI WILSON is:
Party: ADRIAN WILSON
Date of Birth: May 9, 1999
The location of the alleged father is unknown. The Department will make a diligent
effort to locate him, request a search of the paternity registry and request service of
process if Respondent’s address becomes known.
Citation by publication or other substituted service may be necessary for the reasons
stated in the attached Affidavit or in an Affidavit that will be filed with the Court.
4.3 To the best of the Department’s knowledge, there are no Court-ordered
conservatorships, guardianships, or other court-ordered relationships affecting the
children the subject of this suit.
44 The Attorney General’s office will be served by mail under Rule 21a, Texas Rules
of Civil Procedure at P.O. Box 12017, Austin, Texas 78711-2017, pursuant to
§ 102.009(d), Texas Family Code.
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5. Information on Protective Orders
To the best of the Department’s knowledge, there are no protective orders in effect or
applications pending, as described in § 102.008(b)(11), Texas Family Code, in regard to a
party to the suit or a child ofa party to the suit.
6. Interstate Compact on the Placement of Children
A verified statement of compliance with Subchapter B, Chapter 162, Texas Family Code,
as required by § 162.002, Texas Family Code will be filed at a later time should one be
required.
ae Property Owned by the children
No property of consequence is owned or possessed by the children the subject of this suit.
8. Reasonable Efforts to Reunify Family
8.1. The Department made reasonable efforts, consistent with time and circumstances
prior to the children’s removal and prior to the placement of the children in foster
care, to prevent or eliminate the need for removal of the children and the
Department has made reasonable efforts to make it possible for the children to
return home.
8.2. The Department will make reasonable efforts to eliminate the need for the
children’s removal and to enable the return of the children to the parent.
9. Request for Permission to Take Possession of Children in an Emergency
one There is an immediate danger to the physical health or safety of the children, or the
children have been the victims of neglect or sexual abuse. Continuation in the home
would be contrary to the children’s welfare. There is no time consistent with the
physical health or safety of the children for a full adversary hearing, and reasonable
efforts, consistent with the circumstances and providing for the safety of the
children were made to prevent or eliminate the need for removal of the children.
9.2 The Department has attached to this Petition an affidavit setting out the facts of this
case.
9.3. The Department requests emergency orders and/or attachments required to gain
possession of the children as authorized by §262.101, Texas Family Code.
10. Managing Conservatorship
The Department requests that the court immediately, without notice or an adversary
hearing, appoint the Department as temporary sole managing conservator of the children
as provided in Chapter 262 and § 105.001(a)(1) and (h), Texas Family Code.
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11. Required Information
11.1. The Department requests that each Parent, Alleged Father or Relative of the
children before the Court provide the full name and current address or whereabouts
and phone number of any absent parent of the children the subject of this suit
pursuant to Rule 194, Texas Rules of Civil Procedure and §262.201, Texas Family
Code.
11.2. The Department requests that each Parent, Alleged Father or Relative of the
children before the Court submit the Child Placement Resources Form provided
under § 261.307, if the form has not previously been provided and provide the
Department and the Court the full name and current address or whereabouts and
phone number of any and all relatives of the children the subject of this suit with
whom the Department may place the children during the pendency of this suit,
pursuant to Rule 194, Texas Rules of Civil Procedure, and § 262.201, Texas Family
Code.
11.3. The Department requests that each parent of the children the subject of this suit
furnish information sufficient to accurately identify that parent’s net resources and
ability to pay child support along with copies of income tax returns for the past two
years, any financial statements, bank statements, and current pay stubs, pursuant to
Rule 196, Texas Rules of Civil Procedure, and § 154.063, Texas Family Code.
11.4. The Department requests that each parent of the children the subject of this suit
provide to the Department and the Court evidence of health insurance available for
the children, pursuant to Rule 196, Texas Rules of Civil Procedure, and § 154.182,
Texas Family Code.
11.4.1. Further that if private health insurance is in effect, the Department requests
that each parent provide the identity of the insurance company, the policy
number, which parent is responsible for the payment of any insurance
premium, whether the coverage is provided through a parent’s employment,
and the cost of such premium.
11.4.2. If private health insurance is not in effect, the Department requests that each
parent provide information on whether the child is receiving medical
assistance under chapter 32 Human Resource Code; or the child is receiving
health benefits coverage under the state child health plan under chapter 62,
Health and Safety Code and the cost of any premium or if either parent has
access to private health insurance at reasonable cost to the parent.
11.5. The Department requests that each Respondent provide the Department and the
Court information sufficient to establish the parentage and immigration status of
the children, including but not limited to marriage records, birth or death
certificates, baptismal records, Social Security cards, records of lawful permanent
residence (“green cards”), naturalization certificates, or any other records from the
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United States Citizenship and Immigration Services, and records of Indian ancestry
or tribal membership, pursuant to Rule 196, Texas Rules of Civil Procedure.
IEG? The Department requests that each Respondent furnish to the Department all
information necessary to ensure the Department has an adequate medical history
for the children, including but not limited to immunization records and the names
and addresses of all treating physicians. The Department requests the Court order
each parent to provide information regarding the medical history of the parent and
parent’s ancestors on the medical history report form, pursuant to § 161.2021,
Texas Family Code.
11.7. The Department requests that each parent of the children provide any information
regarding whether the children have Native American heritage and identify any
Native American tribe with which the children may be associated and provide all
available family history information relevant to determination of Indian child status
on request.
11.8. The Department requests that, at the full adversary hearing in this cause, the Court
order the Respondents to execute an authorization for the release of the
Respondents’ medical and mental health records to the Department, and to further
provide the Department with a list of the names and addresses of the physicians and
mental health providers who have treated the Respondents.
12. Determination of Parentage: ADRIAN WILSON
12s The Department requests the Court to determine whether ADRIAN WILSON is
the father of JOSIAH WILSON AND AVERI WILSON, pursuant to Chapter
160, Texas Family Code.
12.2 If the allegation of parentage is admitted, the Court should waive genetic testing
and enter temporary orders, including orders for temporary support of the child
pursuant to § 160.624, Texas Family Code.
12.3 If ADRIAN WILSON appears and any party denies paternity, the Court should
immediately order the alleged father, and the child to submit to genetic testing
pursuant to § 160.502 Texas Family Code.
12.4 ADRIAN WILSON, on final hearing, if adjudicated to be the father, should be
ordered to pay retroactive support pursuant to § 154.009, Texas Family Code.
12.5 If any party denies the presumption that a man presumed to be the father of the
children is in fact the biological father of the children subject of this suit, the
Department requests that the Court order genetic testing and pretrial proceedings
as provided by Chapter 160, Texas Family Code, if such testing is permitted by that
chapter.
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13. Request for Temporary Orders
At the full adversary hearing under §262.201, Texas Family Code, the Court should render
temporary orders under §105.001, Texas Family Code, to include but not be limited to:
a) a provision appointing the Department temporary sole managing conservator of the
subject children, with all of the rights and duties listed in § 153.371, Texas Family
Code, pending the final disposition of this suit;
b) a provision authorizing the Department to consent to medical care of the subject
children, pursuant to § 266.004, Texas Family Code;
°) a provision pursuant to §154.001(b), Texas Family Code, ordering the parents of the
subject children to make payments for the temporary support of the subject children,
pending final disposition of this suit, these subject children support payments to be
withheld from their disposable earnings;
qd) a provision ordering the parents of the children to provide health insurance for the
children under §§ 154.182 and 154.183, Texas Family Code, pending final disposition
of the suit;
e) a provision restricting the parents’ possession and access to the children the subject of
this suit;
a provision for the preparation of a social study into the circumstances and conditions
of the children and the home of any person requesting managing conservatorship or
possession of the children;
8) a provision ordering the parents of the children to submit to psychological
examinations;
h) a provision ordering the parents of the children to attend counseling sessions to address
the specific issues that led to the removal of the children from the home and to attend
counseling sessions to address any additional issues arising from the psychological
examinations or from the counseling sessions;
i) a provision ordering the parents of the children to attend parenting classes as requested
by the Department;
d a provision ordering the Respondents to submit to a drug and alcohol assessment and
to complete a substance abuse treatment program if needed;
k) a provision ordering the parents of the children to comply with each requirement set
out in the Department’s original, or any amended, service plan during the pendency of
this suit, as provided by §§ 263.106 and 153.602, Texas Family Code;
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1) a provision ordering the Respondents to provide the Court and the Department with a
current residence address and telephone number at which each can be contacted;
m) a provision ordering the Respondents to notify the Court and the Department of any
change in his or her residence address or telephone number within five (5) days of a
change of address or telephone number;
n) a provision ordering the Respondents not to have any unsupervised contact with any
child under the age of 16.
14, Reunification
14.1. The Department will make reasonable efforts to eliminate the need for the
children’s removal and to enable the return of the children to a parent.
14.2. If the children cannot be safely reunified with either parent, then the Department
will seek alternative relief as described in the sections below.
15. Permanent Conservatorship and Support of the Children
15.1. Conservatorship
15.1.1. Pursuant to §§ 153.005 and 263.404, Texas Family Code, if the children
cannot safely be reunified with either parent, but may be permanently
placed with a relative or other suitable person, the Department requests that
the Court appoint the person as permanent sole managing conservator of the
children; if the children cannot safely be reunified with either parent or
permanently placed with a relative or other suitable person, the Department
requests that the Court appoint the Department as permanent sole managing
conservator of the children; if the parental rights are terminated or if the
department specifically consents in writing to being appointed permanent
sole managing conservator without terminating of parental rights.
15.1.2. Pursuant to § 153.131, Texas Family Code, the appointment of a parent as
permanent managing conservator of the children is not in the children's best
interest, because the appointment would significantly impair the children's
physical health or emotional development.
15.1.3. Pursuant to § 153.191, Texas Family Code, the appointment of a parent as
permanent possessory conservator of the children is not in the best interest
of children and parental possession or access would endanger the physical
or emotional welfare of the children.
15.1.4. If conservatorship is awarded under this section, the application of the
guidelines for possession and access to the children, as set out in
§§ 153.311, et seg., Texas Family Code, would not be in the children’s best
interest. The parents of the children, as possessory conservators of the
children, should have limited access to and possession of the children, under
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conditions and restrictions prescribed by the Court for the best interests of
the children.
15.2. Support
15.2.1. Each parent should be ordered to make payments for the support of the
children in accordance with § 154.001(b), Texas Family Code, including
retroactive support if appropriate, determined pursuant to § 154.131, Texas
Family Code, and in a manner specified by the Court under Chapter 154,
Texas Family Code. The payments for the support of the children should
survive the death of either parent and become the obligation of the deceased
Parent’s estate.
15.2.2. Each parent should be ordered to provide health insurance for the children
in accordance with §§ 154.182 and 154.183, Texas Family Code.
15.2.3. If any parent is found to be in arrears in child support or medical support
payments ordered in this or in any other action, a judgment for enforcement
of said arrearage should be issued against that parent pursuant to
§§ 157.261, 158.003 and 158.004, Texas Family Code.
16 Termination of JADA MCCALL’S Parental Rights
If reunification with the mother cannot be achieved, the Court should terminate the parent-
child relationship between JADA MCCALL and the children, JOSIAH WILSON AND
AVERI WILSON the subject of this suit under Chapter 161, Texas Family Code, if both
of the following are shown:
16.1. JADA MCCALL has committed any of the following acts or omissions:
16.1.1. voluntarily left the children alone or in the possession of another not the
parent and expressed an intent not to return, pursuant to § 161.001(b)(1)(A),
Texas Family Code;
16.1.2. voluntarily left the children alone or in the possession of another not the
parent without expressing an intent to return, without providing for the
adequate support of the children, and remained away for a period of at least
three months, pursuant to § 161.001(b)(1)(B), Texas Family Code;
16.1.3. voluntarily left the children alone or in the possession of another without
providing adequate support of the children and remained away for a period
of at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code;
16.1.4. knowingly placed or knowingly allowed the children to remain in
conditions or surroundings which endanger the physical or emotional well-
being of the children, pursuant to § 161.001(b)(1)(D), Texas Family Code;
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16.1.5. engaged in conduct or knowingly placed the children with persons who
engaged in conduct which endangers the physical or emotional well-being
of the children, pursuant to § 161.001(b)(1)(E), Texas Family Code;
16.1.6. failed to support the children in accordance with the mother’s ability during
a period of one year ending within six months of the date of the filing of the
petition, pursuant to § 161.001(b)(1)(F), Texas Family Code;
16.1.7. abandoned the children without identifying the children or furnishing means
of identification, and the children’s identity cannot be ascertained by the
exercise of reasonable diligence, pursuant to § 161.001(b)(1)(G), Texas
Family Code;
16.1.8. contumaciously refused to submit to a reasonable and lawful order of a court
under Subchapter D, Chapter 261, Texas Family Code, pursuant to
§ 161.001(b)(1)(1), Texas Family Code;
16.1.9. been the major cause of: (1) the failure of the children to be enrolled in
school as required by the Education Code; or (2) the children’s absence
from the children’s home without the consent of the parents or guardian for
a substantial length of time or without the intent to return, pursuant to
§ 161.001(b)(1)(J), Texas Family Code;
16.1.10.executed before or after the suit is filed an unrevoked or irrevocable
affidavit of relinquishment of parental rights as provided by Chapter 161,
Texas Family Code, pursuant to § 161.001(b)(1)(K), Texas Family Code;
16.1.11.been convicted or has been placed on community supervision, including
deferred adjudication community supervision, for being criminally
responsible for the death or serious injury of a child under the following
sections of the Penal Code, or under a law of another jurisdiction that
contains elements that are substantially similar to the elements of an offense
under one of the following Penal Code Sections, or adjudicated under Title
3 for conduct that caused the death or serious injury of a child and that
would constitute a violation of one of the following Penal Code sections:
§ 19.02 (murder)
§ 19.03 (capital murder)
§ 19.04 (manslaughter)
§ 21.11 (indecency with a child)
§ 22.01 (assault)
§ 22.011 (sexual assault)
§ 22.02 (aggravated assault)
§ 22.021 (aggravated sexual assault)
§ 22.04 (injury to a child, elderly individual, or disabled individual)
§ 22.041 (abandoning or endangering child)
§ 25.02 (prohibited sexual conduct)
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§ 43.25 (sexual performance by a child)
§ 43.26 (possession or promotion of child pornography)
§ 21.02 (continuous sexual abuse of a young child or children)
§ 20A.02(a)(7) or (8) (trafficking)
§ 43.05(a)(2) (compelling prostitution)
16.1.12.had her parent-child relationship terminated with respect to another child
based on a finding that the mother’s conduct was in violation of
§ 161.001(b)(1)(D) or (E), Texas Family Code, or substantially equivalent
provisions of the law of another state, pursuant to § 161.001(b)(1)(M),
Texas Family Code;
16.1.13.constructively abandoned the children who have been in the permanent or
temporary managing conservatorship of the Department of Family and
Protective Services for not less than six months and: (1) the Department has
made reasonable efforts to return the children to the mother; (2) the mother
has not regularly visited or maintained significant contact with the children;
and (3) the mother has demonstrated an inability to provide the children
with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family
Code;
16.1.14.failed to comply with the provisions of a court order that specifically
established the actions necessary for the mother to obtain the return of the
children who have been in the permanent or temporary managing
conservatorship of the Department of Family and Protective Services for
not less than nine months as a result of the children’s removal from the
parent under Chapter 262 for the abuse or neglect of the children, pursuant
to § 161.001(b)(1)(O), Texas Family Code;
16.1.15.used a controlled substance, as defined by Chapter 481, Health and Safety
Code, in a manner that endangered the health or safety of the children, and
(1) failed to complete a court-ordered substance abuse treatment program;
or (2) after completion of a court-ordered substance abuse treatment
program continued to abuse a controlled substance, pursuant to
§ 161.001(b)(1)(P), Texas Family Code;
16.1.16.knowingly engaged in criminal conduct that has resulted in the mother’s
conviction of an offense and confinement or imprisonment and inability to
care for the children for not less than two years from the date of filing the
petition, pursuant to § 161.001(b)(1)(Q), Texas Family Code;
16.1. AND that termination of the parent-child relationship is in each child's best interest.
17. Termination of Alleged Father ADRIAN WILSON’S Parental Rights
The Department requests that the Court terminate the parent-child relationship between
ADRIAN WILSON, the alleged father, and JOSIAH WILSON AND AVERI
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WILSON, a child the subject of this suit, under § 161.002, Texas Family Code, if any of
the following is shown:
ele After being served with citation, he has not responded by timely filing an admission
of paternity or a counterclaim for paternity under Chapter 160;
17.2. He has not registered with the paternity registry under Chapter 160, Texas Family
Code; or
17.3. He has registered with the paternity registry under Chapter 160, Texas Family
Code, but the Department’s attempt to personally serve citation at the address
provided to the registry and at any other address for the alleged father known by
the Department has been unsuccessful, despite the due diligence of the Department.
If ADRIAN WILSON appears and is established as the father, or is determined to be the
presumed father, and reunification with the father cannot be achieved, the Court should
terminate the parent-child relationship between ADRIAN WILSON and the child
JOSIAH WILSON AND AVERI WILSON under Chapter 161, Texas Family Code, if
both of the following are shown:
17.4. ADRIAN WILSON has committed any of the following acts or omissions:
17.4.1. voluntarily left the child alone or in the possession of another not the parent
and expressed an intent not to return, pursuant to § 161.001(b)(1)(A), Texas
Family Code;
17.4.2. voluntarily left the child alone or in the possession of another not the parent
without expressing an intent to return, without providing for the adequate
support of the child, and remained away for a period of at least three months,
pursuant to § 161.001(b)(1)(B), Texas Family Code;
17.4.3. voluntarily left the child alone or in the possession of another without
providing adequate support of the child and remained away for a period of
at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code;
17.4.4. knowingly placed or knowingly allowed the child to remain in conditions
or surroundings which endanger the physical or emotional well-being of the
child, pursuant to § 161.001(b)(1)(D), Texas Family Code;
17.4.5. engaged in conduct or knowingly placed the child with persons who
engaged in conduct which endangers the physical or emotional well-being
of the child, pursuant to § 161.001(b)(1)(E), Texas Family Code;
17.4.6. failed to support the child in accordance with the father’s ability during a
period of one year ending within six months of the date of the filing of the
petition, pursuant to § 161.001(b)(1)(F), Texas Family Code;
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17.4.7. abandoned the child without identifying the child or furnishing means of
identification, and the child’s identity cannot be ascertained by the exercise
of reasonable diligence, pursuant to § 161.001(b)(1)(G), Texas Family
Code;
17.4.8. voluntarily, and with knowledge of the pregnancy, abandoned the mother
of the child beginning at a time during her pregnancy with the child and
continuing through the birth, failed to provide adequate support or medical
care for the mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the child since
the birth, pursuant to § 161.001(b)(1)(H), Texas Family Code;
17.4.9. contumaciously refused to submit to a reasonable and lawful order of a court
under Subchapter D, Chapter 261, Texas Family Code, pursuant to
§ 161.001(b)(1)(1), Texas Family Code;
17.4.10.been the major cause of: (1) the failure of the child to be enrolled in school
as required by the Education Code; or (2) the child’s absence from the
child’s home without the consent of the parents or guardian for a substantial
length of time or without the intent to return, pursuant to § 161.001(b)(1)(J),
Texas Family Code;
17.4.11.executed before or after the suit is filed an unrevoked or irrevocable
affidavit of relinquishment of parental rights as provided by Chapter 161,
Texas Family Code, pursuant to § 161.001(b)(1)(K), Texas Family Code;
17.4.12.been convicted or has been placed on community supervision, including
deferred adjudication community supervision, for being criminally
responsible for the death or serious injury of a child under the following
sections of the Penal Code, or under a law of another jurisdiction that
contains elements that are substantially similar to the elements of an offense
under one of the following Penal Code Sections, or adjudicated under Title
3 for conduct that caused the death or serious injury of a child and that
would constitute a violation of one of the following Penal Code sections:
§ 19.02 (murder)
§ 19.03 (capital murder)
§ 19.04 (manslaughter)
§ 21.11 (indecency with a child)
§ 22.01 (assault)
§ 22.011 (sexual assault)
§ 22.02 (aggravated assault)
§ 22.021 (aggravated sexual assault)
§ 22.04 (injury to a child, elderly individual, or disabled individual)
§ 22.041 (abandoning or endangering child)
§ 25.02 (prohibited sexual conduct)
§ 43.25 (sexual performance by a child)
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§ 43.26 (possession or promotion of child pornography)
§ 21.02 (continuous sexual abuse ofa young child or children)
§ 20A.02(a)(7) or (8) (trafficking)
§ 43.05(a)(2) (compelling prostitution)
17.4.13.had his parent-child relationship terminated with respect to another child
based on a finding that the father’s conduct was in violation of
§ 161.001(b)(1)(D) or (E), Texas Family Code, or substantially equivalent
provisions of the law of another state, pursuant to § 161.001(b)(1)(M),
Texas Family Code;
17.4.14.constructively abandoned the child who has been in the permanent or
temporary managing conservatorship of the Department of Family and
Protective Services for not less than six months and: (1) the Department has
made reasonable efforts to return the child to the father; (2) the father has
not regularly visited or maintained significant contact with the child; and
(3) the father has demonstrated an inability to provide the child with a safe
environment, pursuant to § 161.001(b)(1)(N), Texas Family Code;
17.4.15.failed to comply with the provisions of a court order that specifically
established the actions necessary for the father to obtain the return of the
child who has been in the permanent or temporary managing
conservatorship of the Department of Family and Protective Services for
not less than nine months as a result of the child’s removal from the parent
under Chapter 262 for the abuse or neglect of the child, pursuant to
§ 161.001(b)(1)(O), Texas Family Code;
17.4.16.used a controlled substance, as defined by Chapter 481, Health and Safety
Code, in a manner that endangered the health or safety of the child, and (1)
failed to complete a court-ordered substance abuse treatment program; or
(2) after completion of a court-ordered substance abuse treatment program
continued to abuse a controlled substance, pursuant to § 161.001(b)(1)(P),
Texas Family Code;
17.4.17.knowingly engaged in criminal conduct that has resulted in the father’s
conviction of an offense and confinement or imprisonment and inability to
are for the child for not less than two years from the date of filing the
petition, pursuant to § 161.001(b)(1)(Q), Texas Family Code;
17.5. AND that termination of the parent-child relationship is in the child's best interest.
18. Attorney Ad Litem and Guardian Ad Litem for the Children
18.1. The immediate appointment of an attorney ad litem for the children is required by
§ 107.012, Texas Family Code.
18.2. The immediate appointment of a guardian ad litem to represent the interests of the
children is required by § 107.011, Texas Family Code.
Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/
‘Suit Affecting the Parent-Child Relationship Denton County
Page 13
18.3. Petitioner would show the Court that the Department possesses information which
may be essential to the work of the attorney ad litem and guardian ad litem, but
which cannot be provided, except by direction of this Court, without the editing
required by § 261.201(g), Texas Family Code. Resource limitations will result in
substantial delay in providing the information if the editing must be done before
release. The release of all files, reports, records, communications and working
papers used or developed in the investigation or in the providing of services to the
children the subject of this suit to the attorney ad litem and guardian ad litem is in
the best interests of the children, is essential to the administration of justice, and is
not likely to endanger the life or safety of any person. If the Court determines that
release of the information to the attorney ad litem and guardian ad litem, as officers
of the Court, without editing should be made, the Department requests that
appropriate orders be made to prevent further disclosure of the information.
19. Attorneys for Parents and Respondents; Payment of Attorney Ad Litem Fees and
Expenses
19.1. Indigent Parent
If a parent responds in opposition to this suit affecting their parent-child
relationship and appears without attorney, the Department requests that the Court
determine whether the parent is indigent. If the Court determines that the parent is
indigent, the appointment of an attorney ad litem to represent the interests of that
parent is required by § 107.013, Texas Family Code. The Court may appoint one
attorney to represent both indigent parents if the parents’ interests are not in
conflict.
19.2. Parent with Mental or Emotional Illness or Deficiency
If termination of parental rights is sought due to the inability of a parent to provide
for the physical, emotional, and mental needs of the children due to mental or
emotional illness or deficiency, the appointment of an attorney ad litem to represent
the parent is required by§ 161.003(b), Texas family Co
Preview
FILED: 8/27/2020 1:40 PM David Trantham Denton County District Clerk By: Kristie Kaviani, Deputy VNOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 20-6774-393 CAUSE NO. IN THE INTEREST OF IN THE DISTRICT COURT OF JOSIAH WILSON DENTON COUNTY, TEXAS AVERI WILSON THE CHILDREN JUDICIAL DISTRICT ORIGINAL PETITION FOR PROTECTION OF A CHILD, FOR CONSERVATORSHIP, AND FOR TERMINATION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP This Original Petition for Protection ofa Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship is brought by the Department of Family and Protective Services (“the Department”), whose address is 1450 E. McKinney, Suite 3100, Denton, Texas 76209 for the purposes of§ 30.015, Texas Civil Practice and Remedies Code. The Department has standing to bring this suit under §§ 102.003(5) and 262.001, Texas Family Code. 1. Discovery Level Discovery in this case is intended to be conducted under Level 2, subject to the discovery limitations provided by Rule 190.3, unless modified by order pursuant to Rule 190.5, Texas Rules of Civil Procedure. Jurisdiction 2.1. This Court has jurisdiction of the suit affecting the parent-child relationship and of the suit for protection of a child under Chapter 262, Texas Family Code, and Petitioner believes no other Court has continuing, exclusive jurisdiction over the children. 2D, In accordance with § 155.101(a), Texas Family Code, the Department will request that the Vital Statistics Unit identify the court that last had continuing, exclusive jurisdiction, or confirm that the children have not been the subjects of a suit resulting in a court of continuing jurisdiction. 2.3. Information required by § 152.209 of the Texas Family Code is provided in the affidavit attached to this petition. This Court has emergency and/or home state jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page1 3. The Children: The following children are the subject of this suit 3.1. Name: JOSIAH WILSON Sex: Male Birth Date May 4, 2016 Indian Child Status UNKNOWN 3.2. Name: AVERI WILSON Sex: Female Birth Date December 26, 2017 Indian Child Status UNKNOWN 4. Parties to be Served 4.1. The mother of the children the subject of this suit is: Party: JADA MCCALL Date of Birth: January 24, 1997 Address: 2425 Old North Rd Apt. 1, Denton, TX 76209 The Department requests that process be served at that address or in Court. 4.2 The alleged father of the child JOSIAH WILSON AND AVERI WILSON is: Party: ADRIAN WILSON Date of Birth: May 9, 1999 The location of the alleged father is unknown. The Department will make a diligent effort to locate him, request a search of the paternity registry and request service of process if Respondent’s address becomes known. Citation by publication or other substituted service may be necessary for the reasons stated in the attached Affidavit or in an Affidavit that will be filed with the Court. 4.3 To the best of the Department’s knowledge, there are no Court-ordered conservatorships, guardianships, or other court-ordered relationships affecting the children the subject of this suit. 44 The Attorney General’s office will be served by mail under Rule 21a, Texas Rules of Civil Procedure at P.O. Box 12017, Austin, Texas 78711-2017, pursuant to § 102.009(d), Texas Family Code. Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page2 5. Information on Protective Orders To the best of the Department’s knowledge, there are no protective orders in effect or applications pending, as described in § 102.008(b)(11), Texas Family Code, in regard to a party to the suit or a child ofa party to the suit. 6. Interstate Compact on the Placement of Children A verified statement of compliance with Subchapter B, Chapter 162, Texas Family Code, as required by § 162.002, Texas Family Code will be filed at a later time should one be required. ae Property Owned by the children No property of consequence is owned or possessed by the children the subject of this suit. 8. Reasonable Efforts to Reunify Family 8.1. The Department made reasonable efforts, consistent with time and circumstances prior to the children’s removal and prior to the placement of the children in foster care, to prevent or eliminate the need for removal of the children and the Department has made reasonable efforts to make it possible for the children to return home. 8.2. The Department will make reasonable efforts to eliminate the need for the children’s removal and to enable the return of the children to the parent. 9. Request for Permission to Take Possession of Children in an Emergency one There is an immediate danger to the physical health or safety of the children, or the children have been the victims of neglect or sexual abuse. Continuation in the home would be contrary to the children’s welfare. There is no time consistent with the physical health or safety of the children for a full adversary hearing, and reasonable efforts, consistent with the circumstances and providing for the safety of the children were made to prevent or eliminate the need for removal of the children. 9.2 The Department has attached to this Petition an affidavit setting out the facts of this case. 9.3. The Department requests emergency orders and/or attachments required to gain possession of the children as authorized by §262.101, Texas Family Code. 10. Managing Conservatorship The Department requests that the court immediately, without notice or an adversary hearing, appoint the Department as temporary sole managing conservator of the children as provided in Chapter 262 and § 105.001(a)(1) and (h), Texas Family Code. Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page3 11. Required Information 11.1. The Department requests that each Parent, Alleged Father or Relative of the children before the Court provide the full name and current address or whereabouts and phone number of any absent parent of the children the subject of this suit pursuant to Rule 194, Texas Rules of Civil Procedure and §262.201, Texas Family Code. 11.2. The Department requests that each Parent, Alleged Father or Relative of the children before the Court submit the Child Placement Resources Form provided under § 261.307, if the form has not previously been provided and provide the Department and the Court the full name and current address or whereabouts and phone number of any and all relatives of the children the subject of this suit with whom the Department may place the children during the pendency of this suit, pursuant to Rule 194, Texas Rules of Civil Procedure, and § 262.201, Texas Family Code. 11.3. The Department requests that each parent of the children the subject of this suit furnish information sufficient to accurately identify that parent’s net resources and ability to pay child support along with copies of income tax returns for the past two years, any financial statements, bank statements, and current pay stubs, pursuant to Rule 196, Texas Rules of Civil Procedure, and § 154.063, Texas Family Code. 11.4. The Department requests that each parent of the children the subject of this suit provide to the Department and the Court evidence of health insurance available for the children, pursuant to Rule 196, Texas Rules of Civil Procedure, and § 154.182, Texas Family Code. 11.4.1. Further that if private health insurance is in effect, the Department requests that each parent provide the identity of the insurance company, the policy number, which parent is responsible for the payment of any insurance premium, whether the coverage is provided through a parent’s employment, and the cost of such premium. 11.4.2. If private health insurance is not in effect, the Department requests that each parent provide information on whether the child is receiving medical assistance under chapter 32 Human Resource Code; or the child is receiving health benefits coverage under the state child health plan under chapter 62, Health and Safety Code and the cost of any premium or if either parent has access to private health insurance at reasonable cost to the parent. 11.5. The Department requests that each Respondent provide the Department and the Court information sufficient to establish the parentage and immigration status of the children, including but not limited to marriage records, birth or death certificates, baptismal records, Social Security cards, records of lawful permanent residence (“green cards”), naturalization certificates, or any other records from the Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page4 United States Citizenship and Immigration Services, and records of Indian ancestry or tribal membership, pursuant to Rule 196, Texas Rules of Civil Procedure. IEG? The Department requests that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history for the children, including but not limited to immunization records and the names and addresses of all treating physicians. The Department requests the Court order each parent to provide information regarding the medical history of the parent and parent’s ancestors on the medical history report form, pursuant to § 161.2021, Texas Family Code. 11.7. The Department requests that each parent of the children provide any information regarding whether the children have Native American heritage and identify any Native American tribe with which the children may be associated and provide all available family history information relevant to determination of Indian child status on request. 11.8. The Department requests that, at the full adversary hearing in this cause, the Court order the Respondents to execute an authorization for the release of the Respondents’ medical and mental health records to the Department, and to further provide the Department with a list of the names and addresses of the physicians and mental health providers who have treated the Respondents. 12. Determination of Parentage: ADRIAN WILSON 12s The Department requests the Court to determine whether ADRIAN WILSON is the father of JOSIAH WILSON AND AVERI WILSON, pursuant to Chapter 160, Texas Family Code. 12.2 If the allegation of parentage is admitted, the Court should waive genetic testing and enter temporary orders, including orders for temporary support of the child pursuant to § 160.624, Texas Family Code. 12.3 If ADRIAN WILSON appears and any party denies paternity, the Court should immediately order the alleged father, and the child to submit to genetic testing pursuant to § 160.502 Texas Family Code. 12.4 ADRIAN WILSON, on final hearing, if adjudicated to be the father, should be ordered to pay retroactive support pursuant to § 154.009, Texas Family Code. 12.5 If any party denies the presumption that a man presumed to be the father of the children is in fact the biological father of the children subject of this suit, the Department requests that the Court order genetic testing and pretrial proceedings as provided by Chapter 160, Texas Family Code, if such testing is permitted by that chapter. Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page5 13. Request for Temporary Orders At the full adversary hearing under §262.201, Texas Family Code, the Court should render temporary orders under §105.001, Texas Family Code, to include but not be limited to: a) a provision appointing the Department temporary sole managing conservator of the subject children, with all of the rights and duties listed in § 153.371, Texas Family Code, pending the final disposition of this suit; b) a provision authorizing the Department to consent to medical care of the subject children, pursuant to § 266.004, Texas Family Code; °) a provision pursuant to §154.001(b), Texas Family Code, ordering the parents of the subject children to make payments for the temporary support of the subject children, pending final disposition of this suit, these subject children support payments to be withheld from their disposable earnings; qd) a provision ordering the parents of the children to provide health insurance for the children under §§ 154.182 and 154.183, Texas Family Code, pending final disposition of the suit; e) a provision restricting the parents’ possession and access to the children the subject of this suit; a provision for the preparation of a social study into the circumstances and conditions of the children and the home of any person requesting managing conservatorship or possession of the children; 8) a provision ordering the parents of the children to submit to psychological examinations; h) a provision ordering the parents of the children to attend counseling sessions to address the specific issues that led to the removal of the children from the home and to attend counseling sessions to address any additional issues arising from the psychological examinations or from the counseling sessions; i) a provision ordering the parents of the children to attend parenting classes as requested by the Department; d a provision ordering the Respondents to submit to a drug and alcohol assessment and to complete a substance abuse treatment program if needed; k) a provision ordering the parents of the children to comply with each requirement set out in the Department’s original, or any amended, service plan during the pendency of this suit, as provided by §§ 263.106 and 153.602, Texas Family Code; Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page6 1) a provision ordering the Respondents to provide the Court and the Department with a current residence address and telephone number at which each can be contacted; m) a provision ordering the Respondents to notify the Court and the Department of any change in his or her residence address or telephone number within five (5) days of a change of address or telephone number; n) a provision ordering the Respondents not to have any unsupervised contact with any child under the age of 16. 14, Reunification 14.1. The Department will make reasonable efforts to eliminate the need for the children’s removal and to enable the return of the children to a parent. 14.2. If the children cannot be safely reunified with either parent, then the Department will seek alternative relief as described in the sections below. 15. Permanent Conservatorship and Support of the Children 15.1. Conservatorship 15.1.1. Pursuant to §§ 153.005 and 263.404, Texas Family Code, if the children cannot safely be reunified with either parent, but may be permanently placed with a relative or other suitable person, the Department requests that the Court appoint the person as permanent sole managing conservator of the children; if the children cannot safely be reunified with either parent or permanently placed with a relative or other suitable person, the Department requests that the Court appoint the Department as permanent sole managing conservator of the children; if the parental rights are terminated or if the department specifically consents in writing to being appointed permanent sole managing conservator without terminating of parental rights. 15.1.2. Pursuant to § 153.131, Texas Family Code, the appointment of a parent as permanent managing conservator of the children is not in the children's best interest, because the appointment would significantly impair the children's physical health or emotional development. 15.1.3. Pursuant to § 153.191, Texas Family Code, the appointment of a parent as permanent possessory conservator of the children is not in the best interest of children and parental possession or access would endanger the physical or emotional welfare of the children. 15.1.4. If conservatorship is awarded under this section, the application of the guidelines for possession and access to the children, as set out in §§ 153.311, et seg., Texas Family Code, would not be in the children’s best interest. The parents of the children, as possessory conservators of the children, should have limited access to and possession of the children, under Petition for Protection of a Child, for Conservatorship, and for Terrination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page7 conditions and restrictions prescribed by the Court for the best interests of the children. 15.2. Support 15.2.1. Each parent should be ordered to make payments for the support of the children in accordance with § 154.001(b), Texas Family Code, including retroactive support if appropriate, determined pursuant to § 154.131, Texas Family Code, and in a manner specified by the Court under Chapter 154, Texas Family Code. The payments for the support of the children should survive the death of either parent and become the obligation of the deceased Parent’s estate. 15.2.2. Each parent should be ordered to provide health insurance for the children in accordance with §§ 154.182 and 154.183, Texas Family Code. 15.2.3. If any parent is found to be in arrears in child support or medical support payments ordered in this or in any other action, a judgment for enforcement of said arrearage should be issued against that parent pursuant to §§ 157.261, 158.003 and 158.004, Texas Family Code. 16 Termination of JADA MCCALL’S Parental Rights If reunification with the mother cannot be achieved, the Court should terminate the parent- child relationship between JADA MCCALL and the children, JOSIAH WILSON AND AVERI WILSON the subject of this suit under Chapter 161, Texas Family Code, if both of the following are shown: 16.1. JADA MCCALL has committed any of the following acts or omissions: 16.1.1. voluntarily left the children alone or in the possession of another not the parent and expressed an intent not to return, pursuant to § 161.001(b)(1)(A), Texas Family Code; 16.1.2. voluntarily left the children alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the children, and remained away for a period of at least three months, pursuant to § 161.001(b)(1)(B), Texas Family Code; 16.1.3. voluntarily left the children alone or in the possession of another without providing adequate support of the children and remained away for a period of at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code; 16.1.4. knowingly placed or knowingly allowed the children to remain in conditions or surroundings which endanger the physical or emotional well- being of the children, pursuant to § 161.001(b)(1)(D), Texas Family Code; Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page8 16.1.5. engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangers the physical or emotional well-being of the children, pursuant to § 161.001(b)(1)(E), Texas Family Code; 16.1.6. failed to support the children in accordance with the mother’s ability during a period of one year ending within six months of the date of the filing of the petition, pursuant to § 161.001(b)(1)(F), Texas Family Code; 16.1.7. abandoned the children without identifying the children or furnishing means of identification, and the children’s identity cannot be ascertained by the exercise of reasonable diligence, pursuant to § 161.001(b)(1)(G), Texas Family Code; 16.1.8. contumaciously refused to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261, Texas Family Code, pursuant to § 161.001(b)(1)(1), Texas Family Code; 16.1.9. been the major cause of: (1) the failure of the children to be enrolled in school as required by the Education Code; or (2) the children’s absence from the children’s home without the consent of the parents or guardian for a substantial length of time or without the intent to return, pursuant to § 161.001(b)(1)(J), Texas Family Code; 16.1.10.executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161, Texas Family Code, pursuant to § 161.001(b)(1)(K), Texas Family Code; 16.1.11.been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of the Penal Code, or under a law of another jurisdiction that contains elements that are substantially similar to the elements of an offense under one of the following Penal Code Sections, or adjudicated under Title 3 for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following Penal Code sections: § 19.02 (murder) § 19.03 (capital murder) § 19.04 (manslaughter) § 21.11 (indecency with a child) § 22.01 (assault) § 22.011 (sexual assault) § 22.02 (aggravated assault) § 22.021 (aggravated sexual assault) § 22.04 (injury to a child, elderly individual, or disabled individual) § 22.041 (abandoning or endangering child) § 25.02 (prohibited sexual conduct) Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page9 § 43.25 (sexual performance by a child) § 43.26 (possession or promotion of child pornography) § 21.02 (continuous sexual abuse of a young child or children) § 20A.02(a)(7) or (8) (trafficking) § 43.05(a)(2) (compelling prostitution) 16.1.12.had her parent-child relationship terminated with respect to another child based on a finding that the mother’s conduct was in violation of § 161.001(b)(1)(D) or (E), Texas Family Code, or substantially equivalent provisions of the law of another state, pursuant to § 161.001(b)(1)(M), Texas Family Code; 16.1.13.constructively abandoned the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months and: (1) the Department has made reasonable efforts to return the children to the mother; (2) the mother has not regularly visited or maintained significant contact with the children; and (3) the mother has demonstrated an inability to provide the children with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code; 16.1.14.failed to comply with the provisions of a court order that specifically established the actions necessary for the mother to obtain the return of the children who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the children’s removal from the parent under Chapter 262 for the abuse or neglect of the children, pursuant to § 161.001(b)(1)(O), Texas Family Code; 16.1.15.used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the children, and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code; 16.1.16.knowingly engaged in criminal conduct that has resulted in the mother’s conviction of an offense and confinement or imprisonment and inability to care for the children for not less than two years from the date of filing the petition, pursuant to § 161.001(b)(1)(Q), Texas Family Code; 16.1. AND that termination of the parent-child relationship is in each child's best interest. 17. Termination of Alleged Father ADRIAN WILSON’S Parental Rights The Department requests that the Court terminate the parent-child relationship between ADRIAN WILSON, the alleged father, and JOSIAH WILSON AND AVERI Petition for Protection of a Child, for Conservatorship, and for Terrination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page 10 WILSON, a child the subject of this suit, under § 161.002, Texas Family Code, if any of the following is shown: ele After being served with citation, he has not responded by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160; 17.2. He has not registered with the paternity registry under Chapter 160, Texas Family Code; or 17.3. He has registered with the paternity registry under Chapter 160, Texas Family Code, but the Department’s attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the Department has been unsuccessful, despite the due diligence of the Department. If ADRIAN WILSON appears and is established as the father, or is determined to be the presumed father, and reunification with the father cannot be achieved, the Court should terminate the parent-child relationship between ADRIAN WILSON and the child JOSIAH WILSON AND AVERI WILSON under Chapter 161, Texas Family Code, if both of the following are shown: 17.4. ADRIAN WILSON has committed any of the following acts or omissions: 17.4.1. voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return, pursuant to § 161.001(b)(1)(A), Texas Family Code; 17.4.2. voluntarily left the child alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child, and remained away for a period of at least three months, pursuant to § 161.001(b)(1)(B), Texas Family Code; 17.4.3. voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months, pursuant to § 161.001(b)(1)(C), Texas Family Code; 17.4.4. knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child, pursuant to § 161.001(b)(1)(D), Texas Family Code; 17.4.5. engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, pursuant to § 161.001(b)(1)(E), Texas Family Code; 17.4.6. failed to support the child in accordance with the father’s ability during a period of one year ending within six months of the date of the filing of the petition, pursuant to § 161.001(b)(1)(F), Texas Family Code; Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page 11 17.4.7. abandoned the child without identifying the child or furnishing means of identification, and the child’s identity cannot be ascertained by the exercise of reasonable diligence, pursuant to § 161.001(b)(1)(G), Texas Family Code; 17.4.8. voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth, pursuant to § 161.001(b)(1)(H), Texas Family Code; 17.4.9. contumaciously refused to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261, Texas Family Code, pursuant to § 161.001(b)(1)(1), Texas Family Code; 17.4.10.been the major cause of: (1) the failure of the child to be enrolled in school as required by the Education Code; or (2) the child’s absence from the child’s home without the consent of the parents or guardian for a substantial length of time or without the intent to return, pursuant to § 161.001(b)(1)(J), Texas Family Code; 17.4.11.executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161, Texas Family Code, pursuant to § 161.001(b)(1)(K), Texas Family Code; 17.4.12.been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of the Penal Code, or under a law of another jurisdiction that contains elements that are substantially similar to the elements of an offense under one of the following Penal Code Sections, or adjudicated under Title 3 for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following Penal Code sections: § 19.02 (murder) § 19.03 (capital murder) § 19.04 (manslaughter) § 21.11 (indecency with a child) § 22.01 (assault) § 22.011 (sexual assault) § 22.02 (aggravated assault) § 22.021 (aggravated sexual assault) § 22.04 (injury to a child, elderly individual, or disabled individual) § 22.041 (abandoning or endangering child) § 25.02 (prohibited sexual conduct) § 43.25 (sexual performance by a child) Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page 12 § 43.26 (possession or promotion of child pornography) § 21.02 (continuous sexual abuse ofa young child or children) § 20A.02(a)(7) or (8) (trafficking) § 43.05(a)(2) (compelling prostitution) 17.4.13.had his parent-child relationship terminated with respect to another child based on a finding that the father’s conduct was in violation of § 161.001(b)(1)(D) or (E), Texas Family Code, or substantially equivalent provisions of the law of another state, pursuant to § 161.001(b)(1)(M), Texas Family Code; 17.4.14.constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months and: (1) the Department has made reasonable efforts to return the child to the father; (2) the father has not regularly visited or maintained significant contact with the child; and (3) the father has demonstrated an inability to provide the child with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code; 17.4.15.failed to comply with the provisions of a court order that specifically established the actions necessary for the father to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child, pursuant to § 161.001(b)(1)(O), Texas Family Code; 17.4.16.used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child, and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance, pursuant to § 161.001(b)(1)(P), Texas Family Code; 17.4.17.knowingly engaged in criminal conduct that has resulted in the father’s conviction of an offense and confinement or imprisonment and inability to are for the child for not less than two years from the date of filing the petition, pursuant to § 161.001(b)(1)(Q), Texas Family Code; 17.5. AND that termination of the parent-child relationship is in the child's best interest. 18. Attorney Ad Litem and Guardian Ad Litem for the Children 18.1. The immediate appointment of an attorney ad litem for the children is required by § 107.012, Texas Family Code. 18.2. The immediate appointment of a guardian ad litem to represent the interests of the children is required by § 107.011, Texas Family Code. Petition for Protection of a Child, for Conservatorship, and for Termination in ‘Criginal Petition/ ‘Suit Affecting the Parent-Child Relationship Denton County Page 13 18.3. Petitioner would show the Court that the Department possesses information which may be essential to the work of the attorney ad litem and guardian ad litem, but which cannot be provided, except by direction of this Court, without the editing required by § 261.201(g), Texas Family Code. Resource limitations will result in substantial delay in providing the information if the editing must be done before release. The release of all files, reports, records, communications and working papers used or developed in the investigation or in the providing of services to the children the subject of this suit to the attorney ad litem and guardian ad litem is in the best interests of the children, is essential to the administration of justice, and is not likely to endanger the life or safety of any person. If the Court determines that release of the information to the attorney ad litem and guardian ad litem, as officers of the Court, without editing should be made, the Department requests that appropriate orders be made to prevent further disclosure of the information. 19. Attorneys for Parents and Respondents; Payment of Attorney Ad Litem Fees and Expenses 19.1. Indigent Parent If a parent responds in opposition to this suit affecting their parent-child relationship and appears without attorney, the Department requests that the Court determine whether the parent is indigent. If the Court determines that the parent is indigent, the appointment of an attorney ad litem to represent the interests of that parent is required by § 107.013, Texas Family Code. The Court may appoint one attorney to represent both indigent parents if the parents’ interests are not in conflict. 19.2. Parent with Mental or Emotional Illness or Deficiency If termination of parental rights is sought due to the inability of a parent to provide for the physical, emotional, and mental needs of the children due to mental or emotional illness or deficiency, the appointment of an attorney ad litem to represent the parent is required by§ 161.003(b), Texas family Co