Concho County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Virtual appearance request

Parties must appear in person unless the court grants a virtual-appearance request; an attorney must file a motion/order at least three days before the hearing or as soon as the emergency need becomes known.

Parties must appear in person. If there are exigent circumstances and an attorney is requesting that a party appear virtually, they must file a motion/order for virtual appearance no less than 3 days prior to the hearing, or as soon as the emergency need becomes known. These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.

CRITICAL

Applies to

Witness virtual appearance request

A party seeking virtual appearance for an out-of-town or professional witness must file a motion and order at least three days before the setting; accommodation is discretionary, and the witness should be expected to appear in person unless an order is signed.

Witnesses: The Court will accommodate out-of-town and/or professional witnesses when practicable. If a party knows of a request for a witness to appear virtually, they must file a motion and order for virtual appearance no less than 3 days prior to the setting. Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.

CRITICAL

Applies to

Agreed order

An agreed order must be signed by all parties and attorneys.

An Agreed order must be signed by all the parties and attorneys.

CRITICAL

Applies to

Witness exhibit list

Witness and exhibit lists must be filed with the Court and are used to determine hearing time allotments.

These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.

CRITICAL

Applies to

Pretrial scheduling order

A standard pre-trial scheduling order must be used.

IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.

CRITICAL

Applies to

Written report

DFPS/2Ingage must file an Advisement describing placement efforts within the above region within 24 hours of placement.

IT IS ORDERED that DFPS/2Ingage shall file a written report (hereafter "Advisement") to the Court of the attempts to achieve placement within the above region. IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.

CRITICAL

Applies to

Advisement

For an emergency change in placement, caregiver, or respite status, DFPS/2Ingage/CPA must file an Advisement within 24 hours that states the reason, when the relevant entities were notified, and whether and when the child will return to the prior placement.

It is ordered that DFPS/2Ingage/CPA shall file an Advisement with the Court of any emergency change in placement, caregiver, or respite status within 24 hours after the change. This report shall include the following: 1) the reason for the change; 2) when the CPA/Dept/2Ingage were notified of the necessity for the change: 3) if the child will be returning to the prior placement and the date of that occurrence.

CRITICAL

Applies to

Written report

After three months without a qualifying placement in the home county or within 150 miles, DFPS placement or the assigned 2Ingage placement specialist must report the placements contacted, who contacted them, and their responses; email or fax attempts do not satisfy the requirement.

IT IS ORDERED that if a child has not been placed in their home county or within 150 miles of the Courthouse of their home county and is not in a relative/fictive kin or adoptive home after a period of three (3) months—DFPS placement or the 2Ingage "placement specialist" assigned to the child shall provide a written report to the Court that includes the following information: 1) what placements were contacted; 2) what person with personal knowledge of the child contacted the placements; and 3) the response from the placement. Emails or fax contact attempts will not be considered as complying with this requirement.

CRITICAL

Applies to

Report

Relative, kinship, or family placements that do not qualify for subsidy must be told in detail why, and the Court must receive a report explaining the reason and whether an exception was requested.

IT IS ORDERED that all relative/kinship/family placements that “do not qualify” for subsidy shall be told in detail the reason why they do not qualify and a report/advisement provided to the Court explaining the reasoning and whether a request for an exception has been made.

CRITICAL

Applies to

Advisement

The filed advisement must address the validity of consent and the specified informed-consent information.

**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018): The validity of the consent. Medical consent to giving a psychotropic medication is valid only if: - It is given voluntarily and without undue influence and - The consenter receives information (given verbally or in writing) describing: - The specific condition to be treated. - The beneficial effects on that condition expected from the medication. - The probable health and mental health consequences of not consenting to the medication. - The probable clinically significant side effects and risks associated with the medication. - *The generally accepted alternative medications and non-pharmacological interventions to the medication*, if any, and - The reasons for the proposed course of treatment

CRITICAL

Applies to

DFPS Form 4526 Psychotropic Medication Treatment Consent

DFPS Form 4526 must be completed and signed by the medical consenter and the health-care provider or designee when consenting to a new psychotropic medication.

When consenting to a new psychotropic medication, DFPS Form 4526 Psychotropic Medication Treatment Consent must be completed and signed by the medical consenter and the health-care provider or designee.

WARNING

Applies to

Written report in lieu of appearance

Written reports generally are not accepted in lieu of appearances, except for good cause when an emergency need is communicated to the court and the report provides enough information to assess whether the child’s needs are being met; a standard compliance form alone is insufficient.

Unless as directed by the Texas Family Code, the Court does not take written reports in lieu of appearances on a regular basis. They are accepted for good cause when the emergency need arises, it has been expressed to the court, and the report contains the information needed to ascertain whether or not the child/children are having their needs met. A standard form stating you have met with the child and complied with the code is not enough.

WARNING

Applies to

Agreed order

Agreed orders may replace appearances at final hearings in certain matters, but not when there is an unknown or absentee parent or unresolved matters requiring testimony or a prove-up.

The Court will take agreed orders in lieu of appearances at final hearings in certain matters. An Agreed order must be signed by all the parties and attorneys. If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.” If there are any legal matters that require testimony or a prove up (a monitored return where the other parent does not agree on possession and access is not agreed and would require a prove up) the Court will need to hold the hearing to address those issues.

WARNING

Applies to

Exhibit

Parties must still prove up exhibits during the court proceeding.

The parties must still prove up any exhibits during the trial/court proceeding.

WARNING

Applies to

Witness exhibit list

Failure to follow the witness and exhibit procedures may result in limits on the presentation of evidence or witnesses.

Failure to follow these court procedures may result in a limitation of the presentation of evidence or witnesses.

WARNING

Applies to

Notice request for child meeting

A party requesting a meeting with a child should file a notice so the coordinator can arrange it and include relevant school, therapy, or appointment conflicts.

Please file a notice requesting the meeting so that the court coordinator can arrange. When filing, please include relevant information like school, therapy, or appointment conflicts.