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CAUSE NO. 11CV31714 (_CR| OLIVER
O:STR!CT CLERK
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§ 2Q12 NOV 20 P !: 32
SHOBONIQUE BUCKLEY § SHELBY COUNTY, TEXAS
THOMAS BUCKLEY, JR. §
§
CHILDREN § RIwWDJKajA^ DISTRICT
ORDER OF TERMINATION
On October 12,2012, the Court heard this case in a De Novo Trial.
1. Appearances
1.1. The Department of Family and Protective Services ("the Department") appeared
through STARLA HALL, supervisor, and by attorney, GARY RHOLES, and
announced ready.
1.2. Respondent Mother KIMBERLY BROWN
□ appeared in person and announced ready.
□ appeared through attorney of record DEXTER "DECK" JONES and announced
ready.
Dxappeared in person and through attorney of record DEXTER "DECK" JONES
and announced ready.
□ waived issuance and service of citation by waiver duly filed.
□ agreed to the terms of this order as evidenced by signature below.
D although duly and properly notified, did not appear.
D was not notified, and did not appear.
1.3. Respondent Father THOMAS BUCKLEY
□ appeared in person and announced ready.
□ appeared through attorney of record STEPHEN SHIRES and announced ready.
D^appeared in person and through attorney of record STEPHEN SHIRES and
announced ready.
□ waived issuance and service of citation by waiver duly filed.
□ agreed to the terms of this order as evidenced by signature below.
D although duly and properly notified, did not appear.
D was not notified, and did not appear.
1.4. CORNELIA HARTMAN, appointed by the Court as Attorney/Guardian Ad Litem
of the children the subject of this suit,
0i appeared and announced ready.
□ agreed to the terms of this order as evidenced by signature below.
D although duly and properly notified, did not appear.
Order of Termination 11CV31714
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1.5. Also Appearing C ft £
2. Jurisdiction and Service of Process
2.1. The Court, having examined the record and heard the evidence and argument of
counsel, finds the following:
2.1.1. a request for identification of a court of continuing, exclusive jurisdiction has
been made as required by Section 155.101, Texas Family Code.
2.1.2. this Court has jurisdiction of this case and of all the parties and that no other
court has continuing, exclusive jurisdiction of this case.
2.2. The Court, having examined the record and heard the evidence and argument of
counsel, finds that the State of Texas has jurisdiction to render final orders regarding
the children the subject of this suit pursuant to Subchapter C, Chapter 152, Texas
Family Code, by virtue of the fact that Texas is the home state of the children.
2.3. The Court finds that all persons entitled to citation were properly cited.
2.4 The referring Court held a De Novo Trial following an appeal from associate judge's
ruling per Texas Family Code §261.1042.
3. Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
4. Record
The record of testimony was duly reported by the court reporter for the 123rd Judicial
District Court of Shelby County.
5. The Children
The Court finds that the following children are the subject of this suit:
5.1. Name: SHOBONIQUE BUCKLEY
Sex: Female
Birth Date: January 6,2010
Present Residence: Foster Home
Driver's License Number n/a
Order of Termination 11CV317W
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5.2. Name: THOMAS BUCKLEY, JR.
Sex: Male
Birth Date: April 18,2011
Present Residence: Foster Home
Driver's License Number: n/a
6. Termination of Respondent Mother KIM BERL V BROWN'S Parental Rights
6.1. The Court finds by clear and convincing evidence that termination of the parent-child
relationship between KIMBERLY BROWN and the children the subject of this suit is
in the children's best interest.
6.2. Further, the Court finds by clear and convincing evidence that KIMBERLY
BROWN has:
6.2.1. knowingly placed or knowingly allowed the children to remain in conditions
or surroundings which endanger the physical or emotional well-being of the
children;
6.2.2. 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;
6.2.3. 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.
6.2.4. The Court finds that the Department has made reasonable efforts to return the
children to the mother.
6.3. IT IS THEREFORE ORDERED that the parent-child relationship between
KIMBERLY BROWN and the children the subject of this suit is terminated.
7. Termination of Respondent Father THOMAS BUCKLEY'S Parental Rights
7.1. The Court finds by clear and convincing evidence that termination of the parent-child
relationship between THOMAS BUCKLEY and the children the subject of this suit is
in the children's best interest.
7.2. Further, the Court finds by clear and convincing evidence that THOMAS
BUCKLEY has:
7.2.1. knowingly placed or knowingly allowed the children to remain in conditions
or surroundings which endanger the physical or emotional well-being of the
children;
Ordef of Termination 11CV31714
7.2.2. 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;
7.2.3. 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
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.
7.2.4. The Court finds that the Department has made reasonable efforts to return the
children to the father.
7.3. IT IS THEREFORE ORDERED that the parent-child relationship between
THOMAS BUCKLEY and the children is terminated.
8. Interstate Compact
The Court finds that Petitioner has filed a verified allegation or statement regarding
compliance with the Interstate Compact on the Placement of Children as required by
§ 162.002(b)(l) of the Texas Family Code.
9. Managing Conservatorship: SHOBONIQUE BUCKLEY
9.1. The Court finds that the appointment of the Respondents as permanent managing
conservator of the children is not in the children's best interest because the
appointment would significantly impair children's physical health or emotional
development.
9.2. IT IS ORDERED that the DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES is appointed Permanent Managing Conservator of SHOBONIQUE
BUCKLEY, a child the subject of this suit, with the rights and duties specified in §
153.371, Texas Family Code; the Court finding this appointment to be in the best
interest of the child.
9.2.1. In addition to these rights and duties, IT IS ORDERED that the Department
is authorized to consent to the medical care for SHOBONIQUE BUCKLEY
under § 266.004, Texas Family Code.
10. Managing Conservatorship: THOMAS BUCKLEY, JR.
10.1. The Court finds that the appointment of the Respondents as permanent managing
conservator of the children is not in the children's best interest because the
appointment would significantly impair children's physical health or emotional
development
Order of Termination 11CV31714
10.2. IT IS ORDERED that the DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES is appointed Permanent Managing Conservator of THOMAS
BUCKLEY, JR., a child the subject of this suit, with the rights and duties specified
in § 153.371, Texas Family Code; the Court finding this appointment to be in the best
interest of the child.
10.2.1. In addition to these rights and duties, IT IS ORDERED that the Department
is authorized to consent to the medical care for THOMAS BUCKLEY, JR.
under § 266.004, Texas Family Code.
11. Required Information Regarding the Parties and Children
11.1. The children's information is provided above; the information required of each party
not exempted from such disclosure is:
11.1.1. Name: KIMBERLY BROWN
Driver's License:
Current address: 825 Hughes St., Center, TX 75935
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
11-1.2. Name: THOMAS BUCKLEY
Driver's License:
Current address: 825 Hughes St., Center, TX 75935
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
11.2. 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 § 161.2021, Texas Family Code.
12. Continuation of Court-Ordered Ad Litem or Advocate
12.1. The Court finds that the children the subject of this suit will continue in care and this
Court will continue to review the placement, progress and welfare of the children.
12.2. IT IS THEREFORE ORDERED that CORNELIA HARTMAN, earlier appointed
as Attorney Ad Litem to represent the best interest of the children, is continued in this
relationship until further order of this Court or final disposition of this suit.
12.3. IT IS THEREFORE ORDERED that CASA OF DEEP EAST TEXAS, earlier
appointed as Guardian Ad Litem to represent the interests of the children, is continued
in this relationship until further order of this Court or final disposition of this suit.
Order o( Termination 11CV31714
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13. Court Ordered Ad Litem for Parent
13.1. IT IS ORDERED that DEXTER "DECK" JONES for KIMBERLY BROWN
earlier appointed to represent KIMBERLY BROWN shall continue in that capacity
until all appeals of a final order terminating parental rights are exhausted or waived.
13.2. IT IS THEREFORE ORDERED that STEPHEN SHIRES for THOMAS
BUCKLEY earlier appointed to represent THOMAS BUCKLEY shall continue in
that capacity until all appeals of a final order terminating parental rights are
exhausted or waived.
14. Dismissal of Other Court-Ordered Relationships
Except as otherwise provided in this order, any other existing court-ordered relationships
with the children the subject of this suit are hereby terminated and any parties claiming a
court-ordered relationship with the children are dismissed from this suit.
15. Inheritance Rights
This Order shall not affect the right of any child to inherit from and through any party.
16. Denial of Other Relief
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
17. WARNING: APPEAL OF FINAL ORDER, PURSUANT TO § 263.405, TFC
A PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL AN
APPEAL IN A SUIT IN WHICH TERMINATION OF THE PARENT-CHILD
RELATIONSHIP IS SOUGHT IS GOVERNED BY THE PROCEDURES FOR
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF
APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS RULES OF
APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN
THE DISMISSAL OF THE APPEAL.
18. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:
YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD
CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON
THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE
ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL
OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE
TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON
WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS
Order of Termination 11CV31714
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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 this .2 0 day of
APPROVED AS TO FORM:
Gary-Kholes, Attorney for Petitioner Cornelia Hartman
Department of Family and Protective Services Attorney At Law
518 Nacogdoches Street 123 San Augustine Street
Center, Texas 75935 Center, Texas 75935-3951
phone: (936)598-6109 phone: (936)598-3999
fax: (936)598-9184 fax: (936)598-3031
State Bar # 16824740 State Bar #09159850
Attorney/Guardian Ad Litemfor the Children
Dexter "Deck" Jones Stephen Shires
Attorney At Law Attorney At Law
P.O. Box 419 403 Nacogdoches Street
Center, Texas 75935 Center, Texas 75935
phone: (936) 598-5737 phone: (936)598-9400
fax: (936)598-5859 fax: (936)598-6122
State Bar #10869900 State Bar #50511894
Attorneyfor Kimberly Brown Attorneyfor Thomas Buckley
CASA of Deeb East Texas
Order of Termination 11CV31714
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