Irion County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Contested hearing

Contested matters will be conducted in person.

Contested matters will be held in person.

CRITICAL

Applies to

Hearing with multiple witnesses or exhibits

Hearings involving multiple witnesses and/or exhibits will be in person.

Those hearings with multiple witnesses, and/or exhibits will be in person

CRITICAL

Applies to

Virtual appearance request

Must include

proposed order

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 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.

CRITICAL

Applies to

Virtual appearance request

Must include

proposed order

A witness’s virtual appearance request must include a motion and an order for virtual appearance.

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.

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

The Court will hold a hearing to address legal matters requiring testimony or a prove-up, including the described disputed monitored-return matter.

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.

CRITICAL

Applies to

Witness or 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

Exhibit

The parties must prove up exhibits during the trial or court proceeding.

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

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

Advisement

DFPS/2Ingage must file an Advisement reporting its attempts to achieve placement within the required region.

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.

CRITICAL

Applies to

Advisement

An Advisement about an emergency placement, caregiver, or respite change must state the reason for the change, when the relevant entities were notified, and whether and when the child will return to the prior placement.

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 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.

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, and family placements that do not qualify for a subsidy must be told the detailed reason, 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

An advisement about psychotropic medication consent must be filed and address consent validity and the listed 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

For consent to a new psychotropic medication, 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, 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 raised with the court and the report provides information about whether the children’s needs are being met.

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.

WARNING

Applies to

Written report in lieu of appearance

A standard form merely stating that counsel met with the child and complied with the code is insufficient as a written report.

A standard form stating you have met with the child and complied with the code is not enough.

WARNING

Applies to

Virtual appearance request

Party virtual appearance requests are considered individually, and the client should appear in person unless the court grants the request.

These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.

WARNING

Applies to

Virtual appearance request

Virtual appearances for witnesses are discretionary, and in-person attendance should be anticipated unless a granting order is signed.

Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.

WARNING

Applies to

Agreed order

An order cannot be treated as agreed if there is an unknown or absentee parent.

If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”

WARNING

Applies to

Witness or exhibit list email

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

WARNING

Failure to follow the evidence 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

Meeting request notice

A notice requesting a child meeting should be filed so the court coordinator can arrange it.

Please file a notice requesting the meeting so that the court coordinator can arrange.

WARNING

Applies to

Meeting request notice

When filing, please include relevant information like school, therapy, or appointment conflicts.

When filing, please include relevant information like school, therapy, or appointment conflicts.

INFO

Applies to

Agreed order

The Court may accept agreed orders instead of appearances at final hearings in certain matters.

The Court will take agreed orders in lieu of appearances at final hearings in certain matters.