in Re the Texas Department of Family and Protective Services

Fourth Court of Appeals
San Antonio, Texas
March 10, 2022

No. 04-22-00087-CV

IN RE THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Original Mandamus Proceeding1

From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2020-PA-01945
Honorable Mary Lou Alvarez, Judge Presiding

ORDER

Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Lori I. Valenzuela, Justice

Following a January 21, 2022 hearing, the trial court signed an order entitled “Progress
Report Order” (the “January 21 order”).2 On February 14, 2022, relator filed a petition for writ
of mandamus complaining of the January 21 order. The Department also filed a motion asking
this court to stay: the January 21 order, “further orders regarding the creation of contracts or the
payment of funds regarding the child’s placement,” and “any contempt proceedings, sanctions,
or incarceration of Department representatives.” On February 16, 2022, we granted the motion
for temporary emergency relief in part as follows:

1. The following decretal paragraphs in the trial court’s “Progress Report Order”
rendered on January 21, 2022 and signed on February 11, 2022 are STAYED
pending further order of this court:

2.7 In order to assist the Placement Department, the Department is ordered to
draft Child Specific Contract for $1000.00 a day is to be drafted and circulated to
Child Placing Agencies including Traplight, Bair, Pathways, and any other Child

1
This proceeding arises out of Cause No. 2020-PA-01945, styled In the Interest of J.D., A Child, pending in the
150th Judicial District Court, Bexar County, Texas. The Honorable Mary Lou Alvarez signed the order at issue in
this proceeding.
2
The trial court signed the order on February 11, 2022.
 Placing Agency identified as accepting and open to LGBTQ youth. This needs to
be completed on or before Tuesday January 25, 2022.

2.8 On January 26, 2022 by 10AM, a copy of all contracts that were submitted on
behalf of this child shall be submitted to the child’s attorney ad litem and the
child’s guardian ad litem
.
2. Any further proceedings regarding the creation of contracts or the payment of
funds regarding the child’s placement are STAYED pending further order of this
court. [Emphasis added.]

3. Any further contempt proceedings, sanctions, or incarceration of Department
representatives arising from the underlying suit and any orders to incarcerate
Department representatives arising from contempt proceedings in the underlying
suit are STAYED pending further order of this court.

On March 2, 2022, relator filed a “Motion for Review of Further Orders,” asking this
court to review the trial court’s “Benchmark Hearing After Final Order.” Relator states that,
although the hearing was conducted on March 1, 2022, the order has not yet been signed. We
GRANT the motion. See TEX. R. APP. P. 29.6.

We ORDER relator to obtain a signed written copy of the “Benchmark Hearing After
Final Order” that resulted from the March 1, 2022 “benchmark hearing” no later than March
21, 2022. We further ORDER relator to obtain the reporter’s record from the March 1, 2022
hearing no later than March 30, 2022.

In the interest of justice and the child’s best interest, respondent, the Honorable Mary Lou
Alvarez, is encouraged to sign the order no later than March 14, 2022.

It is so ORDERED on March 10, 2022.

PER CURIAM

ATTESTED TO:________________________
MICHAEL A. CRUZ,
CLERK OF COURT