in Re Rosemary Margenau

ACCEPTED
01-15-00776-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/10/2015 12:09:44 PM
CHRISTOPHER PRINE
CLERK

01-15-00776-CV
No.
FILED IN
IN THE COURT OF
1st APPEALS,
COURT OF APPEALS
HOUSTON, TEXAS
9/10/2015 12:09:44 PM
CHRISTOPHER A. PRINE
Clerk

In re Rosemary Margenau, Relator § FOR THE FOURTEENTH
DISTRICT

§ HOUSTON, TEXAS

PETITION FOR WRIT OF MANDAMUS

Meyers
/s/ Alison J.
Alison J. Meyers
Attorney for Relator
State Bar No.2 24041477
1601 Westheimer Rd.
Houston, Texas 77006
Ph.: 713-859-9271
Fax: 1-888-845-2889
ameyersﬂameverslawxom
Identity of the Parties and Counsel

The following is a list of all parties and all counsel who have appeared in

this matter:

Relator: Rosemary Margenau
Attorney for Relator in the trial court: Alison J. Meyers, 1601 Westheimer,
Houston, Texas 77006, State Bar No.
24041477

Respondent: Honorable John Phillips

Real Party in Interest: Texas Department of Family and Protective
Services
in the trial
Attorney for Texas Department of Family and Protective Services
court:
Marc 1019 Congress, 15”‘ ﬂoor,
Ritter,
Houston, Texas 77002, State Bar No.
1 695 1 500

Real Party in Interest: George Margenau
Attorney for George Margenau in the trial court:
Juliane Phillips,
P.O.Box 10151, Houston, Texas 77026,
State Bar No. 24000653

Real Party in Interest K. B. H. and K. M. R.
Attorney Ad Litem in the trial court:
Patrick Shelton,3600 Montrose, Ste 104,
Houston, Texas, 77006, State Bar No
18208900
Table of Contents

Index of Authorities:

In re Cochran, 151 S.W.3d 275 (Tex. App.- Texarkana 2004)

In re Tonya Allen, 359 S.W.3d (Tex. App.- Texarkana 2012)

Texas Constitution

Texas Family Code

Texas Government Code

1. Statement of the Case

II. Statement of Jurisdiction

III. Issue Presented

IV. Statement of Facts

V. Argument

VI. Prayer

Appendices The following documents are attached to this petition and

incorporated in it for all purposes.

1.Certiﬁed Copy of “Temporary Order Following Adversary Hearing
dated August 26, 2015 signed by Respondent in Cause No. 2015—04673J.

2.Reporter’s Record Volume 1 ofl Volumes in Cause No. 2015-04673}
prepared and certiﬁed by Julia M. Range], 314"‘ Court Reporter.

3. Supplemental Reporter’s Record Volume 1 of 1 Volumes prepared
and certiﬁed by Julia M. Rangel, 314"‘ Court Reporter
Statement of the Case

1. The underlying suit is a petition for protection of a child for

conservatorship, and for termination of the parent—child relationship.

2. Respondent is Honorable John Phillips, Judge of the 314"‘

Judicial Court of Harris County, Texas whose address is 1200 Congress, 5”‘
ﬂoor,

Houston, Texas 77006.

3. Evidence was factually and legally insufficient to support

the Real Party in Interest, Department of Family and Protective Services (the

“Department”), being named Temporary Managing Conservator of the children.

Statement of Jurisdiction

This Court has jurisdiction to issue a writ of mandamus under section

6 of article V of the Texas Constitution and section 22221 (a), (b) of the Texas

Government Code.

Issue Presented

lssue No. 1: Respondent abused his discretion in denying Relator’s request
to have the children returned home and naming the Department
temporary managing conservator of the children because
evidence presented at the adversary hearing was factually and
legally insufﬁcient pursuant to sectior 262.201 of the Texas
Family Code.
Statement of Facts

On or about August 6, 2015, the Department ﬁled an Original Petition

for Protection of a Child for Conservatorship, and for Termination in Suit

Affecting the Parent—Child Relationship and Application for Writ of Attachment as

to K. B. H. and K. M. R., and subsequently removed the children from their home

and their parents’ possession.

On August 25, 2015 in Cause No. 2015-2015-04673J Respondent held the

adversary hearing required by Section 262.201 of the Texas Family Code.

Testimony from the Depa1tment’s investigator, Danitra Fields-Frazier, indicated

that the reasons for the children coming into care included outcries from both

children alleging sexual abuse, and Relator’s refusal to cooperate with the

Department. (Rep0rter’s Record at 4-5; 11) The investigator testified that prior to

ﬁling the original petition, a “Safety Plan” was developed that required one of the

alleged perpetrators, Troy Ready, to leave the home. (Reporter’s Record at 9-10.)

The “Safety Plan” did not include a date and time certain for the children to

participate in a forensic interview at the Children’s Assessment Center (“CAC”).

(Repo1ter’s Record at 10)

Danitra Fields-Frazier testified that to her knowledge Troy Ready was

no longer living in the home as required by the Safety Plan. (Reporter’s Record at

10) Testimony regarding Relator’s refusal to cooperate with the Department
included allegations that the investigator made calls and left voice messages which

were unanswered by Relator. (Reporter’s Record at 11). Additionally, the

investigator testified that attempts were made to visit the children in the home.

(Reporter’s Record at 11). The children were scheduled for a forensic interview at

the CAC. (Reporter’s Record at 5) However, they were not brought to CAC by the
Relator for the interviews because the Relator believed the case to be closed.

(Reporter’s Record at 5)

Since coming into the care of the Department, K. B. H. has

participated in a forensic interview at the CAC. (Reporter’s Record at 10) An
extended assessment is not required and the Department is recommending that the

child participate in a psychological assessment (Reporter’s Record at 10) K. M. R.

was hospitalized to evaluate her mental stability and is currently placed in a

Residential Treatment Central. (Reporter’s Record at 7-8) As of August 25, 2015

K. M. R. had not participated in a forensic interview. (Reporter’s Record at 10).

Relator requested that the children be returned to their home.

(Repo1ter’s Record at 20)

At the conclusion of the hearing Respondent made no rendition

regarding his orders or ﬁndings regarding the requests of Relator and the

Department. (Reporter’s Record at 26) Respondent merely set the next hearing for

this case. (Reporter’s Record at 26)
Argument

A full adversary hearing was held on August 25, 2015. The purpose

of the full adversary hearing is to determine if the Department will be named

Temporary Managing Conservator of the child. Texas Family Code Section

262.201(b) sets out the burden the Department must show in order to be named

Temporary Managing Conservator of the child:

(1) there was a danger to the physical health or safety of the
child which was caused by an act or failure to act of the person
entitled to possession and for the child to remain in the home is
contrary to the welfare of the child;

(2) the urgent need for protection required the immediate
removal of the child and reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were
made to eliminate or prevent the child’s removal; and

(3) reasonable efforts have been made to enable the child to
return home, but there is a substantial risk of a continuing
danger if the child is returned home.

Respondent signed a “Temporary Order Following Adversary Hearing in

Cause No. 2015-04673J dated August 26, 2015 appointing the Department as

temporary managing conservator of K. B. H. and K. M. R.

The Department offered no evidence or testimony to support a ﬁnding under

section (b)(1). A Safety Plan was established prior to ﬁling this suit which

required the removal of one of the alleged perpetrators, Troy Ready. The “Safety

Plan” did not require the other alleged perpetrators, George Margenau and Stephen
Margenau, to vacate the home. The CPS caseworker testified that to her

knowledge, the alleged perpetrator was no longer in living in the home. There was

no testimony from the caseworker or the children’s Attorney Ad Litem that there

was a danger to the physical health or safety of the children by the other alleged

perpetrators remaining in the home. In fact, the child K. B. H., participated in a

forensic interview aiid made no outcry as to sexual abuse. The only testimony

regarding the physical health of the children was in regard to K. M. H. and her

purported mental health issues. Relator testified as to her attempts to address the

child’s purported mental health issues identified prior to this lawsuit. The

Department and the children’s Attorney Ad Litem recommended that the child, K.

M. H., continue to be evaluated to assess her mental health. However, the

Department offered no testimony with regard to the danger either child would face

if returned home while the necessary evaluations were conducted. Danita Fields-

Frazier testified that the children were scheduled for a forensic interview regarding

the allegations of sexual abuse. However, the children were not brought for the

interview by the Relator and the Department testiﬁed as to numerous attempts to

contact the Relator regarding the interview and to subsequent attempts to see the

children in the Relator’s home. As a matter of law, the trial court could not have

made the requisite findings for appointing the Department Temporary Managing

Conservator because the Court had no evidence pertaining to the danger to the
physical health or safety of the children. See In re Cochran, 151 S.W.3d 275, 280

(Tex. App-Texarkana 2004) (explaining that in the absence of any current

conditions or actions that would constitute a danger to the child’s health or safety,

the trial court could not have reasonably based its ﬁndings on prior terminations

alone).

The Departmenfs investigator, Danitra Fields-frazier, offered no testimony

or evidence as to the reasonable efforts under the circumstances for the children to

remain in the home pursuant to Section (b)(2) or as to the reasonable efforts made

to permit the children to return home pursuant to Section (b)(3). See In re Tonya
Allen, 359 S.W. 3d 286, 291 (Tex. App ~ Texarkana 2012) (ﬁnding insufﬁcient

evidence to support trial court’s ﬁndings under Section 262.20l(b)(2) and (b)(3)).

Prayer

Realtor prays that this Court issue its writ of mandamus commanding the
trial court to vacate the order of August 26, 2015.

Meyers
/s/ Alison J.
Alison J. Meyers
Attorney for Relator
State Bar No.: 24041477
1601 Westheimer Rd.
Houston, Texas 77006
Ph.: 713-859-9271
Fax: 1-888-845-2889
ameyersﬁameverslawxom

Certiﬁcation

I certify that I have reviewed the petition and concluded that every factual

statement in the petition is supported by competent evidence included in the

appendix or record ﬁled with this Court.

/S/Alison J.Meyers
Alison J. Meyers

10
Certiﬁcate of Service

I certify that a true copy of this Petition for Writ of Mandamus was served in

accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party

or that party’s lead counsel as follows:

Party:Honorable John Phillips, Respondent
Address of service: 1200 Congress, 5”‘ Floor, Houston, Texas 77002
Method of service by mail :

Date of service: September 10, 2015

Party: The Department of Family and Protective Services
Lead Attorney: Marc Ritter
Address of service: 1019 Congress, 15"‘ Floor, Houston, Texas 77002
Method of service: by fax
Date of service: September 10, 2015

Party: George Margenau
Lead Attorney: Juliane Phillips
Address of service: PO. Box 10151, Houston, Texas 77026
Method of service: by mail
Date of service: September 10, 2015

Party: K. B. H. and K. M.
R.
Attorney Ad Litem: Patrick Shelton
Address of service: 3600 Montrose, Ste. 104, Houston, Texas 77006
Method of service: by mail
Date of service: September 10, 2015

A
copy of this notice is being ﬁled with the appellate clerk in accordance
with rule 25 .1(e) of the Texas Rules of Appellate Procedure.

/s/Alison J.Meyers
Alison J. Meyers

11
Appendix A:

This appendix contains the following:

1. Certified Copy of “Temporary Order Following Adversary Hearing
dated August 26, 2015 signed by Respondent in Cause No. 2015-04673].

2. Reporter’s Record Volume 1 of 1 Volumes in Cause No. 2015-04673]
prepared and certiﬁed by Julia M. Rangel, 314"‘ Court Reporter.

3. Supplemental Reporter’s Record Volume 1 of l Volumes prepared
and certiﬁed by Julia M. Rangel, 314th Court Reporter
APPENDIX A
1
8l6l2015 12:04:02 PM
‘
; i

Oiiiﬁiiiiii
.

Chris Daniel - District Clerk i

Ear"? c°lilmy63B3
i

nye ope o: 275
2015-04673J / Court _ i

NOTICE: THIS DOCUMENT
....
Mi
CONTAINS SENSITIVE DATA Tncjiﬁ
xv
DANITRA Y. FIELDS-FRAZIER 600-2
JENNIFER ‘BOOTH 600-2
CAUSE N0.
INTIIE INTEREST OF IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

CHILDREN JUDICIAL
FAMILY/JUVENILE DISTRICT
TEMPORARY ORDER FOLLOWING ADVERSARY HEARING

On 2' :2 S ’
.20/f , a full adversary hearing pursuant to §262.20l or
262.205, Texas Family Code. was held in this cause.
9
of
1 1. Appearances
Page

1.6. The Department of Family and Protective Services (“the Department") appeared
DANITRA
-

through Y. FIELDS-FRAZIER, caseworker, and by attorney
66514602
STEPHANIE EWING and announced ready.

1.7. Respondent MOTHER ROSEMARY MARGENAU

~
El appeared in person and announced ready.
Public:

the
Cl appeared through attorney of record and announced ready.
appeared in person and through attorney of record and announced ready. /////50/V /{jg/J
U
to
waived issuance and service of citation by waiver duly ﬁled.
El agreed to the terms of this order as evidenced by signature below.
Ci although duly and properly notiﬁed. did not appear and wholly made default.
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of‘)
D was notvnotiﬁed. and did not appear.
1 Not

1.8. Respondent FATHER GEORGE MARGENAU
U
Page
Do
- - appeared in person and announced ready.
Only El appeared through attorney of record and announced ready.
66946748

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ﬂ appeared in person and. through attorney of record and announced ready.
El waived issuance and service of citation by waiver duly ﬁled.
Jx/
El agreed to the terms of this order as evidenced by signature below.
Ci althoughduly and properly notiﬁed, did not appear and wholly made default.
Number:

Governmental

El was ‘not notified. and did not appear.

Document

M
Temporary Orders
Official

P A "9 ust
RECORDER'S MEMORANDUM
1 .

This instrument is.of pool‘ quality
For
Certiﬁed

at the time of imaging.
0 appointed by the Court.as Attorney and Guardian
, Ad
Litem of the children the subject of this suit.
appeared and a.nnounced ready.
agreed to the terms of this order as evidenced by signature below.
Cl although duly and properly notiﬁed, did not appear.

1.10. Also Appearing.

2. Jurisdiction

The Court, aﬁerexamining the record and hearing the evidence and argument of counsel,
finds that all necessary prerequisites of the law have been satisﬁed -andthat this Court has
jurisdiction of‘this case and of all the parties.

3. Findings

3.1. The Court ﬁnds there is sufficient evidence to satisfy a person of ordinary
9 prudence and caution that: (l) there was a danger to the physical health or safety
of

2 of the children which was caused by an act or failure to act of the person entitled
to possession and for the children to remain in the hom :'is contrary to the welfare
of the children; (2) the urgent need for protection required the immediate removal
Page

of the children and makes efforts to eliminate or prevent the children’s removal
impossible or unreasonable; and (3) notwithstanding reasonable efforts to
l4602

665 eliminate the need for the children’s removal and enable the children to retum
home, there is a substantial risk of a continuingdanger if the children are returned
Public:

home.
the
3.2. A The Court ﬁnds sufficient evidence to satisfy a person of ordinary prudence and
to
caution that there is a continuing danger to the physical health or safety of the
children and for the children to remain in the home is contrary to the welfare of
Disseminate

the children.
of9

2 Not
3.3. The Court ﬁnds with respect to the
Page
that reasonable efforts consistent with the
Do
- -
children's health and safety have been made by the Department to prevent or
Only
eliminate the need for removal of the children from ‘the home and to make it
66946748
possible for the children to return home, but that continuation in the home would
Use
be contrary to the welfare of the children.

Number: 3.4; The Court ﬁnds that the following orders for the safety and wel"fare~of the children
are in the best interest ofthe children.
Governmental

Document

Official Temporary Orders (qinad)
Page 2 August 6. 2015

For
Certiﬁed
I

4. Appointment of Counsel for Parents or Parties

‘j
4.]. ROSEMARY MARGENAU is/ is not'indigent.i Based on
Court ﬁnds that
that ROSEMARY MARGENAU is not indigent and pursuant to
'

the tin I

§l07.0l5 oft as Family Code, IS ORDERED that ROSEMARY
1'!‘

MARGENAU is responsi a reasonable fee the amount set by the
i_n

~
y

ed to represent the
'

Court by separate order to the attorney I

children, ANDIOR

‘~~
.

GEORGE MARGENAU isl is not indigent.
~
4.2. e Court finds that Based on the

the Texas Family , IS ORDERED
that GEORGE MARGENAU is

~
unt set by -the Court
'

responsible to ‘pay a reasonable
'
by separate
order to the attorney ad litem appointed toprepresen

The Court makes no ﬁnding with regard to. the indigency of Respondent§

because said Responden is/rt,’I)’t'r'1')resent1y
before the Court and/or insufficient information is available to make such a
determination at this time.
9
of
3 5. Appointment of Single Counsel for Both Parents

The Court finds that the interests of both indigent parents who have responded in
Page

opposition to the termination of the parent-child relationship are not in conflict, and
-

66514602
therefore has appointed a single attorney ad lilem to represent the interests of both
parents.

Public:
6. Conservatorship

the
6.1. IT IS ORDERED that the Department of Family and Protective Services is
to
appointed Temporary Managing Conservator of the following children:

Name:
FEMALE
Disseminate

Sex:
of9

Date for Birth:
3 Not
lndian Child Status: UNKNOWN
Page
Do
-
-

Name:
Only
Sex: FEMALE
Date for Birth:
66946748

Use

Indian Child Status: UNKNOWN
Number:

Governmental
6.2. IT‘lS ORDERED that the Temporary Managing Conservator shall have all the
rights and duties set forth in §153.37l, Texas Family Code.-

Document

Oﬁicial
Temporaty Otders (ginad)
Page 3 August 6. 2015

For
Certiﬁed
6.2.1. IT ES ORDERED that in addition to the rights and duties listed in
§l53.371, Texas Family Code, the Department its employee or
designee is authorized to consent to medical care of the subject
children, pursuant to §266.004, Texas Family Code.

OR
Th Coun authorizes
to conse ~ care of the subject children, pursuant to
'

Texas Family Co e.
' ' ' '

§266.004(b)(_1), limited to
~~
the provision of medical care services provided by the Medicar
program.

6.3.. The Court ﬁnds that it is in the best interest of the children to limit the rights and
duties ofeach parent

6.4. The Court makes no ﬁnding at this time with regard to the appointment of a
Temporary Possessory Conservator.

Q
[Or]

IT IS THEREFORE ORDERED that
~~
6.5.
9 is appoln _
hiid,
of
with the limited rights and duties set forth below.
4
Page
6.6. IT IS THEREFORE ORDERED that
-
‘s ap mt Conservator of the child,
, withthe limited rights and duties set 0 e .
66514602

7. Rights and Duties of Temporary Possessory Parents
Public:
4704
Each Order have the
_ _

7.1,. this shall
the following rights:
to

7.1.1. the right to receive information concerning the health, education, and
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welfare of the children;
9
of 7.1.2. the right to access to medical, dental, psychological, and educational
4 Not records of the children;
Page
Do
-
- 7.1.3. the right to consult with a physician, dentist, or psychologist of the
Only children;
66946748

Use
7.1.4. the right to consult with school officials concerning the children's
welfare and educational status, including school activities;
Number:

Governmental

Document

Oiticial
Tempqraryorrters (ghadj
Page 4 August 6, 2015

For
Certiﬁed
7.1.5. the right, during times of unsupervised possession, to consent for the
child to medical, dental, and surgical treatment. during an emergency
involving immediate-danger to the health and safety of the children;
'

7.l.6. the right, during times of possession, to direct the moral and religious
training of the children;

and the right to

f/1//’/i//’
7.2. Each this Order ‘shall have the
following duties:

7.2.1. the duty, during periods of possession of the children which are not
supervised by the Department or its designee, of care, control,
protection, and reasonable discipline of the children;

7.2.2. the-duty to support the children, including providing the children with
clothing, food, and shelter during periods of possession of the children
which are not supervised by the Department or its designee;
9
of
and the duty to
5
Page

66514602

7.3. Possession of and Access to the children
Public:

7.3.]. The Court ﬁnds that the application of the guidelines for possession of
the and access to the children, as set out in Subchapter F, Chapter 153,
to Texas Family Code, is not in the children’s best. interest. [T IS
ORDERED that the parents named as temporary possessory
Disseminate conservators of the children shall have limited access to and
of‘)
possession of the children as set forth below.
5 Not
The Court ﬁnds that the parents shall have the right to visitation with
Page
Do the children in accordance with the policy established by Department
of Family and Protective Services and at all other times mutually
- -

agreeable to the Temporary Managing Conservator and the parents of
Only

said children.
66946748

Use

Number:

Governmental

[of]
~
Document

Official Temporary Orders (ginad)
Page 5 August 6. 2015

For
Ceniﬁed
7.3.2. I'I"~IS ORDERED that each Temporary Possessory Conservator
a 'nted in this Order shall have visitation with the children as

Child Support

The Court ﬁnds that the parents have a duty to support the child the subject of this suit.

[Or]

The Court makes no ﬁnding at this time with regard to the payment of child support.

IT IS ORDERED that any child support ordered to be paid for the support of the
children as a result of anyprior court order be ordered to be redirected and paid to the
9
of Texas Department of Family and Protective Services.
6
Page Release of Medical and Mental Health Records

ORDERED ROSEMARY MARGENAU GEORGE
-

IT IS that Respondents and
66514602
MARGENAU execute an authorization for‘ the release of Respondents‘, and the
children's (if needed) past, current‘ or future medical and mental health records to the

Public:
Department from all physicians, psychologists, or other health care professionals, who
have treated Respondents or their children which information the Department shall be
the authorized ‘to share ‘with all other groups or persons it deems necessary; and to further
to provide the Department with a list of the names and addresses of all physicians,
psychologists, or other healthcare providers who have tnated Respondents or the
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childrerr.~. Respondents shall execute the authorization and deliver it, together with the
list of physicians, psychologists, or other healthcare providers , to the Department within
of‘)
15 days of the date of this hearing.
6 Not

Page
Do Required Home Study
-

finds that Respondent Mother, ROSEMARY MARGENAU, has/has
-

Only l0.l. The Court
66946748 not submitted the Child Placement Resources Form required under §26'l.307,
Use
Texas Family Code.

Number:

Governmental
10.2. The-Courtﬁnds that Respondent Father, GEORGE
MARCENAUJIBS/I188 not
submitted the Child Placement Resources Form required under §26l.307, Texas
Family Code.
Document

Ofﬁcial Temporary Orders (ginad)
Pqe 6 Augustli. 2015

For

Certiﬁed
10.3. IT IS ORDERED that each Parent, Alleged Father or Relative of the subject
children before the Court submit the Child _Placernent Resources Form provided
under §26l.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 subject children the subject of this
suit with whom the Department may place the subject children during the
pendency of this suit, pursuant to § 262.201, Texas Family Code.

10.4. 1'!‘
IS ORDERED that theDepartment shall continue to evaluate substitute
caregiver options until the Department identiﬁes a relative or other designated
individual qualiﬁed to be a substitute caregiver.

10.5. IT IS ORDERED that the Department shall conduct a home/social study on
, if preliminary criminal and CPS background checks of
all members of the household age 14 and up are favorable

11. Finding and Notice

The Court finds and hereby notiﬁes the parents that each of the actions required of
them below are necessary to obtain the return of the children, and failure to fully
comply with these orders may result in the restriction or termination of parental
rights.
9
of
l2. Compliance with Service Plan
7
Page
l2.l. ROSEMARY MARGENAU is ORDERED, pursuant to §263.l06 Texas
-
Family Code, to comply with each requirement set out in the Department’s
original, or any amended, service plan during the pendmcy of this suit.
66514602

12.2. GEORGE MARGENAU is ORDERED, pursuant to §263.lO6 Texas Family
Public: Code, to comply with each requirement set out in the Department’s original, or
any amended,_ service plan duringthe pendency of this suit.
the

to l2.3. IT IS FURTHER ORDERED that:
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of‘)

7 Not

Page Do
-
—

Only 12.4. The court ﬁnds that this order, as supplemented by the service plan to be
66946748 approved at the Status Hearing under Texas Family Code §263.20l, sufficiently
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defines the rights and duties of the parents of the child pursuant to Texas‘ Family
Code §l53.602 and satisﬁes the requirements of a parenting plan. To the extent
Number:
Governmental there is evidence demonstrating that the children have been exposed to harmful

Document

Official Temporary Order: (BMW)
Page 7 August 6. 2015

For

Certiﬁed
parental conflict, the coun orders that the Department address this issue in the
Family Plan of Service.

13. Required lnfomration

13.]. IT IS ORDERED that each Respondent to this cause provide to the Department
and the Court, no later than thirty days from the date of this hearing, the
information detailed below.

l3.2. IT IS ORDERED that each Respondent to this cause provide to the Department
and the Court the full name and current address or whereabouts and phone
number of any absent parent of ‘the children the subject of thissuit, pursuant to
Rule .194, Texas Rules of Civil Procedure.

13.3. IT IS ORDERED that each Respondent to this cause subrnitthe Child Placement
Resources Fonn provided under §261.307. Texas Family Code, if the form has
not been previously provided and provide to the Department and the Court the full
name and current address or whereabouts and phone number of any relative 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 197, Texas Rules of Civil
Procedure. and §262.20l(e), Texas Family Code.

9 l3.4. IT IS ORDERED that each Parent furnish information sufficient to accurately
of identify that parent‘s net resources‘ and ability to pay child support along with
8 copies of income tax returns for the past. two years, any ﬁnancial statements, bank
Page
statements, and current pay stubs, pursuant to Rule [96, Texas Rules of Civil
-
Procedure, and §l54.l82, Texas Family Code.

ORDERED
l4602

l3.5. IT IS that each Respondent provide the Department and the Court
information sufficient to establish the parentage and immigration status of the
665

Public:
children, including but not limited to marriage records, birth or death certiﬁcates,
baptismal records, social security cards, records of lawful permanent residence-
the (“grecn cards”), naturalization certiﬁcates, and any other record of the United States
to Citizenship and immigration Services and records of lndian ancestry or tribal
membership.

ORDERED
Disseminate

13.6. IT IS that each Respondent furnish to the Department all
information necessary to ensure the Department has an adequate medical history
of‘)

8 Not
for the children. including but not limited. to the immunization records for the
Page
Do children and the names and addresses of all treating physicians.
-
-

Only
l3.7. IT IS ORDERED that each Respondent provide the Department information
66946748

Use
regarding the medical history of the parent and parents ancestors on the medical
history report form, pursuant to §l6l.202l, Texas Family Code.

Number:

Governmental

Temporary Orders
Document

(sinadl
Official

Page 8.
August 6. 2015

For
Certiﬁed
l3.8. IT IS ORDERED that each Respondent to this cause provide to the Department
and Court a current residence address and telephone number
the. at which each
can be contacted.

13.9. IT IS ORDERED that each Respondent to this cause notify the Department and
the Court of any change in his or her residence address or telephone number
within ﬁve (5) days of a change of address or telephone number.

Dismissal Date and Notice of Status Hearing

Pursuant to §263.306(l 1), Texas Family Code, the Co rt determines that the date
for dismissal of this cause shall be E‘ Z ' 43 .

IT IS ORDERED that this cause for a Status Hearing, pursuant to § 263.201
is set
Texas Family Code, on /0- / 020/5' '—
at 7300 o'clock gm.
in the 3/7 Judicial District Court of Harris County in Houston, Texas.

l5. All said TEMPORARY ORDERS shall continue in force during the pendency of this
suit or until further order of the Court.

SIGNED this day of
D’

, 2015.

9
of

9 MASTER or THE COURT
Page

—
SlGNED'this J/{lay of , 2015.

66514602

Public:
JUDMPRESIDING

the

Disseminate

of9

9 Not

Page
Do
- -

Only

66946748

Use

Number:

Governmental

Document

Official

Wé?i..“r2 »

For
Certiﬁed
I,Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record ﬁled and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my ofﬁcial hand and seal of office
this September 9, 2015

Certiﬁed Document Number: 66946748 Total Pages; 9

Céwzﬂt.-be
DISTRICT CLERK
Chris Daniel,
HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
APPENDIX A
2
REPORTER'S RECORD
VOLUME 1 OF 1 VOLUMES
CAUSE NO. 20l5—04673J

IN THE INTEREST OF ) IN THE DISTRICT COURT
)

)
HARRIS COUNTY, TEXAS
)

)

CHILDREN ) 3l4TH DISTRICT COURT

‘k**k*9<*~kJ<~k‘)r~k*~k~k*l<*~k+********~k*******

SHOW CAUSE HEARING
*~Jr*~k~k*k*~k*‘k**k~k*~k*k~k‘k*k~k***~k*'k*k‘k~k~kv\-~k

10 On the 25th day of August, 2015 the following

11 proceedings came on to be heard in the above-entitled
12 numbered cause before the Honorable John Phillips, Judge
13 presiding, held in Houston, Harris County, Texas.
14 Proceedings reported by Computerized Stenographic
15 Machine Method.
16

21
ORIGINAL
22

|\) (fl

Julia M. Rangel, 314th Court Reporter
713-222-4910
A P P E A R A N C E S

Mr. Marc Ritter
SBOT: 165951500
ASSISTANT COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002
_Telephone: ‘713—274—5232
Counsel for T.D.F.P.S.
Mr. Patrick Shelton
ATTORNEY AT LAW
SBOT NO. 18208900
.3600 Montrose, Suite 104
Houston, Texas 77006
Telephone: 832-216-5909
Counsel for The Children
10 Ms. Alison Meyers
ATTORNEY AT LAW
11 SBOT NO. 24041477
1601 Westheimer Road
12 Houston, Texas 77006
Telephone: 713-859-9271
13 Counsel for Respondent Mother Rosemary Margenau
14 Ms. Juli Crow
ATTORNEY AT LAW
15 SBOT NO. 24000653
P. O. Box 10152
16 Houston, Texas 77206-0152
Telephone: 281-382-1395
17 Counsel for Respondent Father George Margenau
18

20
21

l\) (D

Julia M. Rangel, 314th Court Reporter
713-2 22-4910
I N D E X
VOLUME 1
(SHOW CAUSE HEARING)

August 25, 2015 Page V01.

Announcements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

Petitioner's Witness Direct gross V01.

DANITRA FIELDS—FRAZIER 4-12

By Ms. Meyers 9

By Ms. Crow 13

Respondent's Witness Direct Cross

10 ROSEMARX MARGENAU 16

11 By Mr. Ritter 21

12 By Mr. Shelton 22

13 Adjournment . . . . . . . . . . . . . . . . . . . . . . . . .
..' . . . . . . . ..; 26

14 Court Reporter's Certificate . . . . . . . . . . . . . . . . . . .. 27

19
201
21

l\) (fl

Julia M. Rangel, 314th Court Reporter
713-222-4910
P R O C E E D I N G S

MR. RITTER: Your Honor, we're at a show
of‘—
ano—~-
cause hearing in 20l5—O4673J in the interest

representing the department, caseworker is Danitra
Marc Ritter

Fields—Frazier. The ad litem Mr. Shelton. Mom is present
with her retained attorney Alison Meyers. And Julie Crow is
present representing the father George Margenau. Call the

caseworker.
10 DANITRA FIELDS-FRAZIER
11 Having first been duly sworn, testified as
12 follows:
13 D I R E C T E X A M I N A T I O N

14 BY MR. RITTER:
15 Q Ma‘am, will you state your name for the record?

16 A Danitra Fields—Frazier.
17 Q All right. And you're the caseworker for these
18 two children?

19 A Yes.

20 Q Can you tell the judge what the referral was in
21 this case?

‘
22 A Allegations of sexual abuse by —— on
23 by her grandfather and her two uncles.
Q Okay. And were there also allegations with
l\) (I1
respect to

Julia M. Rangel, 314th Court Reporter
713-222-4910
A No.

Q All right. And did you do an investigation?
A Correct. Yes.
‘Q‘ All right; And as part of the —— beginning of
this case, you attempted to get the mother to take the

children for forensic interviews; is that correct?
A Yes.

Q All right. Did she —- was she compliant with

that?
10 A No.

ll Q Did she say why she wasn't being compliant with
12 that?
13 A She thought the case was closed.

14 Q Okay. And did you talk to the children?

-
15 A Yes.

16 Q And what disclosure did they make regarding the
17 sexual abuse allegations?
18 A didn't make a disclosure. stated

19 that her father Troy Ready licked her private area with his a

2O tongue.
21 Q Okay. And that was a -- something that happened
recently, according to her disclosure; is that correct?

‘,
A Correct.
All right. And with respect to the

original allegations came from a rumor at school; is that

Julia M. Rangel, 314th Court Reporter
713-222-4910
correct?
A Correct.

Q And was allegedly telling her friends that
she had been sexually molested; is that correct?
7

A Correct.

Q All right. But when you talked to her, she
actually ended up not making any --
A Correct.

Q So you're asking for a forensic interview and for

10 the agency be named temporary managing conservator?
11 A Correct.
12 Q Did —— does’ have any mental health
13 problems? The oldest child?
14 A She has not had her psychological yet.
15 Q Okay. And -- but when you talked to her, did
16 she -— was there any concerns for you about her mental

17 health? ~*

Q?
18 A She seems a little delayed.
19 Q Okay. And how about
20 A Yes.

‘I
21 Q Qkay.
22 A has been diagnosed.
23 Q And in fact, part of your investigation, you
24 talked to the child and she wanted her sister to be moved
25 out of the home; is that correct?

Julia M. Rangel, 314th Court Reporter
713-222-4910
A Correct. She wanted her room. Yes, sir.

MS. MEYERS: Objection. Calls for hearsay.
-.THE‘©OURT: Your objection's overruled. I'm

waiting for you to tell me about the case, Pat.
MR. SHELTON: Let me -— any objection to

offering these into evidence? Pictures.

MR. RITTER: No objection.

MR. SHELTON: This is She's

basically seven, going on eight years old. She's in a

1O mental health hospital now.

T}
11 CASEWORKER: She was moved.

12 MR. SHELTON: Okay. She was at Intracare

13 north when I saw her. And this is who's eleven

14 gmhgontwdva
15 Both children need to have a forensic interview by
16 a professional regarding sexual abuse.n allegations regarding
:.

activity in the home with several individuals. They both
T,
17

18 need mental healthﬁevaluations. the older

19 child, supposedly made comments to more than one person at

20 school, two is listed in the affidavit. So the issue is why

would somebody be, number one, making up a story of this
nature.
CASEWORKER: Correct.

MR. SHELTON: And number two, we want to know
f there's any merit to it. And in regards to the younger

Julia M. Rangel, 314th Court Reporter
713-222-4910
child, she has some definite mental health issues. In

talking with her, she is off the wall in a number of
different areas. Just scattered thinking. She was kicked

out of three elementary schools, according to the affidavit,

and then they were doing the home schooling, which of

course, means no schooling. So we've got some major issues

now.

These folks who are here who are the adoptive
. W "‘
76.

parents, adoptive mother here is 70, adoptive father is 75.

10 But part of the allegation is against the father of the

11 younger child. So we need to definitely see if there's a

12 law enforcement aspect to this case before we return the
13 children to any of these individuals named.
14 THE COURT: Okay.

15 MR. SHELTON: This child is very articulate,

16 very pleasant. Good foster home and --
17 THE COURT: Where are the children?

18 MR. SHELTON: Well this one, when I saw her

19 on Saturday, was at Intracare north and she was in the
207 Spring area of town in a foster home.’ They have —— this is

21 a two—parent home with a nine year old sibling and they were
22 getting along very well. Arrow family. And the current

23 placement for the younger one, if you want to tell the
judge.
l\)
U‘!
CASEWORKER: m :3‘
(D m H .3 m (*1-
<.’)
,4 SD PH 11)

Julia M. Rangel, 314th Court Reporter
713-222-4910
RTC. St. Claire something.

MR. SHELTON: And I would like to go visit
that because my experience with —— this child is young for
an RTC compared to most kids who are there; is that correct?

CASEWORKER: Well when I dropped her off last
night, there were, there were kids there her age and they're

only holding her until the foster home is available.
MR. SHELTON: I would recommend she be placed
in foster care. When I was at Intracare, I had another
10 client there, but it was mostly older kids and there's some
11 interaction problems, just based on the age, so —— at that
12 psychiatric hospital, which is similar to most RTC’s. So
13 any foster home, I would go visit her, would be preferable.
14 THE COURT: Okay. What else? Questions?
15 MR. RITTER: I have no further questions,
16 Judge.

17 MS. MEYERS: Yes, Your Honor. I have just a
18 couple of questions.
19 C R O S S E X A M I N A T I O N
20 BY MS. MEYERS:
21 Q Prior to filing the lawsuit, was a safety plan
22 developed with the family?
23 A Yes.

24 Q Okay. And what did that include?
25 A Troy Ready to leave the home. No Contact with

Julia M. Rangel, 314th Court Reporter
713~222-4910
10

in or-j. Okay. And to your knowledge, was Trevin moved
Q
from the home?
A Troy?

Q I apologize. Troy.

A To my knowledge.

Q Okay. And to your knowledge, is he living there
now?
A I don't know.

10 Q Okay. As part of that plan, did you also agree

ll that the girls would participate in forensic interviews?
12 A ‘Not part of the plan. We verbally agreed.

13 Q Okay. And has participated in a forensic

14 interview?
15 A Yes.

16 Q Okay. And if you know, what were the
17 recommendations of it?
18 A Don't know what the recommendations --

19 Q Okay. So she's not to participate in an extended

20 assessment; is that correct?f
21 A No. We just gonna -— she's gonna have a

22 psychological.
23 Q Okay. And with regard to has a forensic

interview been scheduled for her?
to (II Na

Julia M. Rangel, 314th Court Reporter
713~222-4910
11

Q Is she seeing a doctor now?

A She was seeing a doctor while she was in the

hospital.

Q Okay. And you testified that, that the children
were not brought to their forensic interview; is that
correct?
A Correct.

Q And is —— and that was the major reason for you
bringing this lawsuit against the parents; is that correct?
1O A No.

11 Q What is the major reason then?
12 A The father called men asked me could he return to
13 the home and I told him no; and then Ms. Ready would not
14 cooperate or communicate with me. Or allow me to see the
15 children or to confirm if he had moved back into the home or
16 not.

17 Q Okay.

18 A I mean Ms. Margenau. I'm sorry.

19 Q And were those through phone calls or?

3202:, A I called the home. ,I left several messages. 'I

21 visited the home several times with the police officers and
22 she would not open the door, although I heard the children
23 inside the home on one occasion. E !_

24 Q Okay. And do you have records of those instances
25 where you came to the home with the police?

Julia M. Rangel, 314th Court Reporter
713-222-4910
12

A Yes.

Q Did you bring those to court with you today?
A I did not. But it's in the affidavit, I believe.

Q All right.
MS. MEYERS: Your Honor, I pass the witness.
D I R E C T E X A M I N A T I O N

BY MR. RITTER:

Q Based on the overall circumstances of this case,
why not a extended forensic with respect to
10 A Because she --
11 MS. MEYERS: Objection. Calls for expert --

12‘ THE COURT: Your objection's overruled.
13 Q (By Mr. Ritter) Go ahead and answer?

14 A Okay. Because she didn't make a disclosure in the
15 forensic.
16 Q Okay.

17 A I mean she was --
18 Q At least according to the affidavit, there were
19 two sources that --
zqff A..1 Correct.
21 Q —— she made statements that she was being sexually

22 abused; is that correct?

23 A Correct.
24 MS. MEYERS: Objection.
A But she was sexually abused in the previous case.

Julia M. Rangel, 314th Court Reporter
713-222-4910
13

MR. RITTER: Pass the witness, Judge.
C R O S S E X A M I N A T I O N
BY MS. CROW:

Q You suggested that the father was asking to come
home. Which father was that?
A -'s father, the alleged perpetrator.

Q Was this father, standing next to me here, was he

involved in the house at all at this time? Did you have any
contact with him?
1O A No, he was not.

11 Q Do you know if he was living in the same home at

12 the time?

13 A Yes, he was.

14 Q Okay. Thank you.
15 MS. CROW: Pass the witness.
16 THE COURT: Okay. What else?
17 MR. SHELTON: Nothing further.
18 MR. RITTER: Nothing else, Judge.
19 MS. MEYERS: Your Honor?

:29.
at
THE COURT: I kind of want to make suié I

21 understand a little bit. It seems that the —— these two

22 kids were adopted, which they're relatives? Relatives?
23 CASEWORKER: Paternal grandparents.
24 THE COURT: Grandparents.
25 MR. SHELTON: These folks right here.

Julia M. Rangel, 314th Court Reporter
713—222~49lO
14

CASEWORKER: Her paternal grandparents.
She's not related to

*.
THE COURT: I'm sorry?

CASEWORKER: She's not related to

She's her paternal grandparent.

MR. SHELTON: And when you read the
affidavit, they mention father, uncle, grandfather. It's a

little hard to know who they're referring to in these
allegations, so that's why I'd like to make sure we get to
10 the bottom. Cause one of them, Steven Morgan, though, is an
ll uncle who is ~-
12 SPEAKER: My son.
13 MR. SHELTON: Yeah. His son.

14 THE COURT: Here's what I want to know to

15 start with is, why were their parent's rights terminated

16 originally?
17 CASEWORKER: I wasn't the original

18 investigator back in 2013. I believe there was some drug

19 use and allegations of sexual abuse on biological
,2QQ'[ £ather.,' ,m,, ,,,f LL

21 THE COURT: And what is his name?
22 CASEWORKER: David ~— it's in the affidavit.

23 I want to say David Garza but I'm not really sure. David

24 Hanks. I'm sorry.

25 THE COURT: Okay. Here's a name here. It

Julia M. Rangel, 314th Court Reporter
713-222-4910
15

says David Puente. Parental rights of Troy Ready, David
Puente and Michelle LeeAHanks were terminated February 14th,
2012; is that this case?

CASEWORKER: Yes. ”

THE COURT: So these little girls had two

different fathers. A Troy and a David.

CASEWORKER: Correct.
THE COURT: Okay. And are you saying that
part of the termination had to do with sexual assault in the
10 first case?
11 CASEWORKER: David sexually assaulted Krysta.
12 THE COURT: Was there --

13 CASEWORKER: I believe.
14 THE COURT: Was there law enforcement

15 involvement in that case?
16 CASEWORKER: Yes.

17 THE COURT: Did the person --

18 CASEWORKER: From what?
19 THE COURT: Did he get convicted?
,2D,” CASEWORKER:, From what I fédall from the,
;

21 case, he's currently in jail.

22 THE COURT: Okay. Well is that the only one

23 that it was alleged that committed sexual assault against
24 one or both of the girls, this guy David?
25 CASEWORKER: Yes.

Julia M. Rangel, 314th Court Reporter
713-222-4910
16

THE COURT: Not Troy?

CASEWORKER: Not Troy.
THE COURT: Okay. So the new allegations

involve Troy.
CASEWORKER: Correct.
THE COURT: Okay. What else do we need to
talk about?
MR. RITTER: Status hearing, Judge.
THE COURT: I'm sorry? Okay.

1O MS. MEYERS: Your Honor, may I call my

11 client?
12 THE COURT: If you want, sure.

13 MS. MEYERS: Thank you. Like to call my

14 client.

15 ROSEMARY MARGENAU
16 Having first been duly sworn, testified as
17 follows:

18 BY MS. MEYERS:
19 Q State your name for the record, please.
720,17 “A f, Rosemary Margenau, , ,

21 Q And Ms. Margenau, you are the adoptive mother of
22 the two children and jx; is that correct?

23 A Yes, ma'am.

24 Q Okay. And at one time, did you and CPS reach a
25 safety plan regarding the children?

Julia M. Rangel, 314th Court Reporter
713-222-4910
17

A She just said that --

Q Did you -— ma'am, did you agree to have Troy leave
the home?
A Oh yes.

Q Okay. Due to allegations of sexual abuse; is that

correct?
A Yes.

Q And did Troy leave the home?
A Yes, he did.

10 Q And is he in the home now?
11 A No.

12 Q Okay. And did you become aware that the
13 department wanted to schedule forensic interviews of the
14 girls?
15 A No.

16 Q Okay. If -- are you aware that CPS made several

17 contacts to your home regarding CPS —— a forensic interview?
18 A No.

19 Q Okay. If you had known that CPS wanted the girls

1,2011: to participate inja forensic interview, Would yon have
21 complied?
22 A Yes, sir.

23 Q Would you have?
24 A Yes, ma'am.

25 Q Would you have brought them to the CAC for the

Julia M. Rangel, 314th Court Reporter
713-222-4910
18

interview?
A Yes, I would.

g.
Q Okay. And why is that?
A I've done it before with

Q Okay. What do you mean you've done it before with

A was assessed at the Children's Assessment

Center when she was placed in my care during —— before

b
I

adopted her. And I took her for about six weeks on every

10 Thursday.
11 Q Okay. Now you also heard testimony that
12 was in the hospital; is that correct?

13 A Yes.

14 Q' And do you know why she was in the hospital?
15 A Ms. Frazier, Ms. Frazier said that —- she had --

16 the doctor said she had psychosis.
17 Q Okay. Now prior to being removed from
18 your home, did exhibit behaviors requiring
19 hospitalization?
25 A
'

NoL' f" ,,,
" "f"”,",,
21 Q You also heard some testimony from Mr. Shelton
22 regarding ‘being kicked out of school, that's
23 correct, correct?
24 A No.

25 Q Well it's correct your heard the testimony?

Julia ML Rangel, 314th Court Reporter
713-222*49l0
19

A Yes.

Q And has been kicked out of schools?
A No.

Q Did she exhibit behavior at sqhool and it was

recommended to you that she needed to be hospitalized?
wA Pine Forest Elementary recommended be put

in a hospital because they said that she wanted to kill

herself.

Q Okay. And so what did you do based upon that
10 recommendation from the school?
11 A 1 talked to the school about counseling and
12 everything and I told them that would never say
13 anything like that. And the -- then a CPS investigator came
14 out the very next day and she talked to me and then she went

15 back to Pine Forest to talk to them. And then the CPS
16 investigator said that from her findings that Pine Forest
17 Elementary did not want her in their.school.
18 Q Okay. And was there ever the recommendation that
19 hospitalized after the investigation?
'2D”:; ”.A ‘,NoL “The CPS invéétigator’§aia”a5éjwaa doing réalg

‘I
21 good and that she didn't need to be in the hospital.
22 Q Okay. ,.In your experience with then, what

23 kind of behavior would you anticipate that she would have
24 after being removed from your home?
MR. RITTER: Objection. Calls for

Julia M. Rangel, 314th Court Reporter
713-222-4910
20

speculation, Judge.
THE COURT: Overruled.

_,
(By Ms. Meyers) You can answer.
Q So your

experience with what type of —— based upon

your experience with what kind of behavior

-
would you anticipate from her if she were -- after
being removed from your home? Would she act out?
A Say that again.
Q Would be upset after being removed from

10 your home?
11 A Oh yes.
12 Q Okay. Would you anticipate that she would exhibit
13 behave —— certain behaviors?
14 A Yes.

15 Q What kind of behaviors do you think she would
16 exhibit?
17 A Crying, yelling, wanting to go back home.

Q Okay. And just to confirm, Troy is not in your
home; is that correct?
A“”Tﬁﬂ§TﬁETWWW’
Q Okay. And so are you asking that the girls be
returned to your home?

a
23 A Yes, I am.

24 Q Okay. And you've heard some testimony that
25 may need to be evaluated. Would you agree to have

Julia M. Rangel, 314th Court Reporter
713-222-4910
21

evaluated to see if she does have some mental health
issues?
A Yes.

Q In the event the Judge does not return the girls

to your home and he grants the State's request to be

temporary managing conservators, are you asking that you be
permitted to visit
A Yes.

Q Are you asking that you be permitted to visit
10 Ilﬂlll?
11 A Yes.

12 MS. MEYERS: Pass the witness.

13 C R O S S E X A M I N A T I O N

14 BY MR. RITTER:
15 Q Ma'am, when did the school tell you that

16 had some mental health issues?
17 A Last year.
18 Q Okay. Have you taken her to a doctor since then
19 to have her evaluated on your own?
"’” “"201,” '.
7
"A1 7‘N<3I"’ 'Pl’a"C”e’d”l’Te7.‘C'"i '0?-§{k" FC3I"é’S't"’E’J_’e’ff1€=3I1t'ai'J:‘fy‘ 'SEf'1'1<':i51’"’
”’ ' ’ "

21 and they said that she was okay.
22 Q Okay.

23 A And then -- okay. I'm sorry.

24 Q All right. So she has been kicked out of three
.~
‘

25 schools; is that correct?

Julia M. Rangel, 314th Court Reporter
713-222-4910
22

A No.

—
Q Okay. She's been to three separate schools; is

that correct?
A Yes. I took —— out of school and
placed her in Oak Forest and I called the assistant
superintendent at school for investigation of Pine Forest
Elementary.
Q Okay. And she's being home schooled now?
A Well she was.
10 Q Okay.
11 MR. RITTER: I pass the witness, Judge.
12 C R O S S E X A M I N A T I O N

13 BY MR. SHELTON:

14 Q Ma'am, did she also go to Summerwood Elementary

15 School?
16 A Yes,
17 Q And why did she leave there?
18 A I took her out of that school because they were
19 squeezing her real hard and I don't think that's right. And
__, W70. she was -- and there was a older boy there and”he knocked
,,_,,.,,, .

21 her down on the floor real, real hard and she said it hurt
22 her real bad. I talked to the teacher about it and they --
the assistant principal removed the boy from that school.
‘T’
23

24 Q What grade is
25 A First.

Julia M. Rangel, 314th Court Reporter
713-222-4910
23

1 Q Where did you get your materials from for her home
2 schooling?
3 A The materials from home schooling? Mercer Homes
4 that I was gonna go to.

5 Q And when's the last time has seen her

6 father?
7 A Since he left home.
8 Q And his name is Troy, right?
9 A Yes.

10 Q And he left home when?
11 A That day Ms. Frazier came.

12 Q And that day was how long ago? Week or two?
13 A Oh no. Long time.

14 Q You tell me.

15 A It was May of this year.

16 Q And he is your what?
17 A Oldest son.
18 Q Okay. And after his rights were terminated, he
19 still lived in the home with his daughter?
20 A lemp'O]fa’fil"y".’" '7”V"'' "' ” ’"

21 Q Temporarily since 2012?
22 A Well his rights were terminated to take —- to have

23 possession of the child.
24 Q That was three years ago?

25 A Yes.

Julia M. Rangel, 314th Court Reporter
713-222-4910
24

1 Q So since then, he's been in your home?

2 A No. He didn't come home until latter part of
3 December.
4 Q Of what year?

5 A Of last year.

Q,
6 Q Okay. So you think you want us to do a mental

7 health evaluation on the younger one here, right?

8 A What did you say?
9 Q You want us to do a mental health evaluation.
10 Something is not right. You'd agree with that, right?
11 A Yes.

12 Q I mean she's not a normal child who's able to go
13 to school without problems. You'd agree with that, right?
14 A Well if they —— if the teachers wouldn't squeeze
15 her legs or the assistant principal wouldn't knock her off
16 the cabinet onto the floor, or if they wouldn't abuse her in
17 Summerwood School, but they didn't abuse her at Oak Forest,
18 they were super nice to them.
19 Q But they still asked her to leave?
”"
20 A’ No, they did not.

21 Q Why did you take her out?
22 A No. They said —— I'm sorry. There was a teacher
23 there that suggested Summerwood School because it was a

24 smaller classroom and they thought would do better
25 in a smaller classroom.

Julia M. Rangel, 314th Court Reporter
713~222—491O
1 Q And you understand this Steven Morgan, how long
2 has he been in the home?

3 A Since he was born.
4 Q You understand there may be a sexual abuse
5 allegation against him that's been brought up?
6 A That's the allegation.
7 Q Do you understand that that could be possible?

8 A Steven would never do that.
9 Q Okay. And who is the grandfather? This man? So

10 even ——
11 A Yes.

12 Q So even though he has adopted the children as the

13 father, he's still referred to as Grandfather?

14 A Yes.

15 Q Okay. And you understand there's maybe a sexual
16 abuse allegation against him --
17 A Yes.

18 Q -— according to the papers?
i

19 A Yes.

"20, Q That's what we're trying to”f1nd out.

21 A Yes, I understand that, sir.

22 Q All right.

23 MR. SHELTON: Pass the witness.

24 THE COURT: Anything else?
25 MR. RITTER: No, Judge.

Julia M. Rangel, 314th Court Reporter
713-222-4910
26

1 THE COURT: No? Okay.
2 MR. SHELTON: Offer these into evidence. Ad
3 Litem's 1.

4 THE COURT: They're admitted.
5 MR. SHELTON: And two.
6 THE COURT: Okay. Status hearing?
7 MR. RITTER: October 1st, Judge.
8 THE COURT: Okay. We'll have a forensic
9 interview by the time we come back?

_
10
‘

CASEWORKER: For

11 THE COURT: Or both.

12 CASEWORKER: has already had one.

13 THE COURT: She already did?

14 CASEWORKER: Yes.

15 THE COURT: All right then. Thahk you.
16 Y'all are excused.

19
H
ZU 1 _ _ ,1

Julia M. Rangel, 314th Court Reporter
713-222-4910
27

THE STATE OF TEXAS )

COUNTY OF HARRIS )

I, Julia M. Rangel, Official Court Reporter in and
for the 314th District Court of Harris County, State of

Texas, do hereby certify that the foregoing contains a true

and correct transcription of all portions of evidence and
other proceedings requested in writing by counsel for the
parties to be included in this volume of the Reporter's
Record, in the aboye—styled and numbered cause, all of which
10 occurred in open court or in chambers and were reported by
11 me.

12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the exhibits,

14 if any, admitted, tendered in an offer of proof or offered

15 into evidence.
16 WITNESS MY OFFICIAL HAND this the 2nd day of
17 September, 2015.
18
JULIA M. RANGEL, Texas
19 Expiration Date: 12/31/16
314th Official Court Reporter
“ttﬁarris’County7’Texas””“”“*“‘"m”'
1200 Congress, 5th Floor
21 Houston, Texas 77002
713-222-4910
22

Julia M. Rangel, 314th Court Reporter
713-222-4910
APPENDIX A
3
SUPPLEMENTAL REPORTER'S RECORD
VOLUME 1 OF 1 VOLUMES

—
CAUSE NO. 2015-04673J
IN THE INTEREST OF ) IN THE DISTRICT COURT
)

HARRIS COUNTY, TEXAS
IIIIIlFIIIII1IIII
)

)

CHILDREN
)

) 3l4TH DISTRICT COURT

*J<‘k*~k~k~k*~k~k*‘k*’k**~k**‘k*~k**-A-*****~k**'k

SHOW CAUSE EXHIBITS
~k~k*~k~k~k~k*>l~k~k~k*******~Jr~k**~k<):**~k~k~A-**

10 On the 25th day of August, 2015 the following
11 proceedings came on to be heard in the above—entitled
12 numbered cause before the Honorable John Phillips, Judge
13 presiding, held in Houston, Harris County, Texas.
14 Proceedings reported by Computerized Stenographic
15 Machine Method.
16

Julia M. Rangel, 314th Court Reporter
713-222-4910
A P P E A R A N C E S

Mr. Marc Ritter
SBOT: 165951500
ASSISTANT COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002
Te1ephone:_,713-274-5232
Counsel for T.D.F.P.S.
Mr. Patrick Shelton
ATTORNEY AT LAW
SBOT NO. 18208900
3600 Montrose, Suite 104
Houston, Texas 77006
Telephone: 832-216-5909
Counsel for The Children
10 Ms. Alison Meyers
ATTORNEY AT LAW
11 SBOT NO. 24041477
1601 Westheimer Road
12 Houston, Texas 77006
Telephone: 713-859-9271
13 Counsel for Respondent Mother Rosemary Margenau
14 Ms. Juli Crow
ATTORNEY AT LAW
15 SBOT NO. 24000653
P. O. Box 10152
16 Houston, Texas 77206-0152
Telephone: 281-382-1395
17 Counsel for Respondent Father George Margenau
.

Julia M. Rangel, 314th Court Reporter
713-222-4910
N D E X I
VOLUME 1
(SHOW CAUSE EXHIBITS)

August 25, 2015
Ad Litem's No. Desc. Offrd Admtd Vol.
1 - Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 26 1

2 — Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 26 1

Page Vol.
Court Reporter's Certificate . . . . ... . . . . . . . . . . . . ... 6 1

Julia M. Rangel, 314th Court Reporter
713-222-4910
10

11 Ad Litem's No. 1

12 Photo
13

Julia M. Rangel, 314th Court Reporter
713—222—49lO
zolr w,z*73 T
10

11 Ad Litem's No. 2

12 Photo
13

Julia M. Rangel, 314th Court Reporter
7l3~222—491O
T-1..
)5 — 22 43'}
“iii? tmnzr
-1
TRIAL CAUSE NO. 2015-O4673J
IN THE INTEREST OF > IN THE DISTRICT COURT
)

) HARRIS COUNTY, TEXAS
)

A CHILD
>

) 3l4TH DISTRICT COURT

I, Julia M. Rangel, Official Court Reporter in and
for the 314th District Court of Harris County, State of

Texas, do hereby certify that the foregoing exhibits

constitute true and complete duplicates of the original
10 exhibits, excluding physical evidence admitted, tendered in
11 and offer of proof or offered into evidence during the Show
12 Cause Hearing in the above entitled and numbered cause as
13 set out herein before the Honorable John Phillips, Judge of
14 the 314th District Court of Harris County, Texas, beginning

15 August 25th, 2015.
16 I further certify that the total cost for the
17 preparation of this Reporter's Record is $175.50 and will be
18 paid by Respondent Mother.
19 WITNESS MY OFFICIAL HAND this the 3rd day of
20 September, 2015.
21 /s/ Julia M. Rangel
JULIA M. RANGEL, Texas CSR 6412
22 Expiration Date: 12/31/16
314th Official Court Reporter
23 Harris County, Texas
1200 Congress, 5th Floor
24 Houston, Texas 77002
713-222-4910
25

Julia M. Rangel, 314th Court Reporter
713-222-4910