Judge Carmen Symes Dusek
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Document Format Requirements2 rules
All audio and video exhibits must be saved in a usable format and named accordingly.
- Audio exhibit
- Video exhibit
Formatting
- •Save in a usable format
- •Name accordingly
While the Court may provide the viewing screens, the party wishing to use audio or visual equipment in the Courtroom is responsible for ensuring the proper equipment is available and will function for that piece of evidence.
Document Filing Requirements25 rules
Those hearings with multiple witnesses, and/or exhibits will be 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.
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.
Contested matters will be held in person.
These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.
The parties must still prove up any exhibits during the trial/court proceeding.
The Court will hold a hearing to address legal matters requiring testimony or a prove-up, including the described disputed monitored-return matter.
Court's wording
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.
An Agreed order must be signed by all the parties and attorneys.
IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.
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.
After the specified three-month placement period, DFPS placement or the assigned 2Ingage placement specialist must provide the Court a written report detailing contacted placements, who contacted them, and their responses; email and fax attempts do not satisfy the requirement.
Court's wording
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.
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.
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.
An advisement about psychotropic medication consent must be filed and address consent validity and the listed informed-consent information.
Court's wording
**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
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.
A standard form stating you have met with the child and complied with the code is not enough.
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.
These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.
Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.
The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.
If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”
Failure to follow these court procedures may result in a limitation of the presentation of evidence or witnesses.
When filing, please include relevant information like school, therapy, or appointment conflicts.
Please file a notice requesting the meeting so that the court coordinator can arrange.
The Court will take agreed orders in lieu of appearances at final hearings in certain matters.
Filing & Service rules
Filing Timing and Cure Windows
A party seeking a witness’s virtual appearance must file a motion and order at least 3 days before the setting.
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.
Page 2 | Request for Virtual Appearance by a Party or a Witness
For a party’s virtual appearance request based on exigent circumstances, an attorney must file a motion and order at least 3 days before the hearing, or as soon as the emergency need becomes known.
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.
Page 2 | Request for Virtual Appearance by a Party or a Witness
Witness or exhibit lists must be emailed to all parties, the court coordinator, and the court reporter by noon three days before the proceeding, or as soon as the lists are available.
IT IS ORDERED that any offer of witnesses or exhibits during the court proceeding, requires an email with the list to all parties, the court coordinator Mandy Archer, mandy.archer@txcourts.gov and the court reporter April Drake, april.drake@co.tom-green.tx.us by noon three days before the court proceeding or as soon as they are available.
Page 3 | Submission of Witnesses/Evidence and Notice Thereof
DFPS/2Ingage/CPA must file an Advisement with the Court within 24 hours after an emergency change in placement, caregiver, or respite status.
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.
Page 5 | Placement of Children in Care
The Advisement report must be filed with the Court within 24 hours of placement.
IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.
Page 5 | Placement of Children in Care
When the stated placement circumstances persist for three months, the assigned DFPS placement worker or 2Ingage placement specialist must provide the written report to the Court.
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.
Page 5 | Placement of Children in Care
For any medication prescription, the caregiver or child placing agency must notify DFPS/2Ingage and the Court within two business days; the requirement applies to parents and all placements and any medication.
**IT IS ORDERED** that any child that is placed on medication (of any kind) the caregiver or child placing agency must notify DFPS/2Ingage and the Court within two (2) business days of the medication prescription. This notification requirement applies to parents and all placements including fictive kin, relative or respite caregivers and includes any medication.
Page 7
The advisement must be filed with the court immediately.
**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018):
Page 7
Submit vacation letters in January and July, and report January vacation in the previous July notice and July vacation in the previous January letter.
Please submit your vacation letters in January and July. If you are taking vacation in January, submit that time in the previous July notice, if you are taking time in July, please submit that time in the previous January letter.
Page 1 | Vacation letters
Service and Proof of Service Rules
DFPS/2Ingage must notify the party’s or child’s attorney of the listed placement, medical, drug-trial, and medication events, and must give at least 48 hours’ advance notice of a residential treatment program change.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the party or child of any placement change, significant change in medical condition, enrollment or participation in a drug trial program, the initial prescription of a psychotropic medication and at least 48 hours in advance of a change in residential treatment program (TFC § 264.018 (d) and (e)).
Page 5 | Placement of Children in Care
Before placing a child in a location that varies from the placement mandate, DFPS/2Ingage must contact the Department’s attorney of record and the child’s attorney ad litem to justify the variance.
After all efforts have been exhausted to achieve this mandate, DFPS/2Ingage shall contact the Department's attorney of record and the attorney ad litem for the child to justify the variance prior to placement of the child by the Department.
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the parent and the parent’s attorney of significant events within 48 hours of learning of them.
DFPS/2Ingage must provide notice to the parent and parents attorney within 48 hours of knowledge of any significant events (TFC § 264.018(f) and (g)).
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the child’s attorney in writing, by email when possible, about the listed significant matters before taking a related best-interest decision or action, unless the circumstances are exigent.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the child of any and all significant changes with the child, medical interventions, medications, placement issues, diagnostic testing and/or other issues which pertain to any decision made for the “best interest” of the child prior to the decision and/or action unless exigent. This notification must be provided in writing, via email when possible.
Page 6 | Placement of Children in Care
Adjournment & Extension Requirements
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Page 1 | Vacation letters
The parties cannot agree to or mediate an extension; an extension beyond 12 months requires a court finding of extraordinary circumstances and a hearing.
Additionally, according to the Family Code – the parties cannot “agree” to (or mediate) an extension. Any extension of time over the allotted 12 months requires the Court to make a finding of “extraordinary circumstances” and will require a hearing.
Page 3 | Agreed Orders
A continuance that extends beyond the original deadline requires a hearing and extraordinary findings, and the continuance request should be accompanied by a motion for extension.
The difference is whether the continuance would require an extension beyond the original deadline, those will require a hearing as it will require those extraordinary findings, and a motion for extension should accompany the continuance request.
Page 3 | Agreed Orders
A request for an extension requires a motion and/or order for a hearing before the Court considers the matter.
2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Page 9 | Motions, Hearings and Advisements
A request for a continuance requires a motion and/or order for a hearing before the Court considers the matter.
1. Requests for Continuance (TRCP 251) M/O;
Page 9 | Motions, Hearings and Advisements
Continuances requested within the 12-month deadline may be agreed to and will be accommodated as the Court’s schedule allows.
Continuances requested inside the 12 month deadline can be agreed and will be accommodated as the court’s scheduling allows.
Page 3 | Agreed Orders
Chambers Communication Rules
The Court cannot meet ex parte to discuss case-specific information.
Please note that the Court cannot meet with you ex parte for any case specific information.
Page 4 | Meeting with attorneys
If there is concern about a particular case, please schedule a meeting including all the party's attorneys with Ms. Archer.
If there is concern about a particular case, please schedule a meeting including all the party's attorneys with Ms. Archer.
Page 4 | Meeting with attorneys
A party wishing to test courtroom audio or visual equipment must contact the bailiff before the hearing day; testing time will be provided outside hearing hours.
Those parties wishing to practice or test audio or visual equipment in the Courtroom must contact the bailiff prior to the day of the hearing and a time will be provided outside of hearing hours for said party to test the equipment and evidence.
Page 4 | Submission of Witnesses/Evidence and Notice Thereof
In-person meetings are preferred when possible, but virtual meetings are available when the child's schedule or location necessitates Zoom.
It is preferable in person where possible, but virtual meetings are also available where the child's schedule or location necessitates using zoom.
Page 4 | Meeting with children
The CPC will meet with a child upon request.
The CPC will meet with any child upon request.
Page 4 | Meeting with children