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 Requirements1 rule
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 exhibits accordingly
Document Filing Requirements20 rules
Parties must appear in person unless the Court grants a virtual-appearance request; in exigent circumstances, the attorney must file a motion/order at least 3 days before the hearing or as soon as the emergency need becomes known.
Court's wording
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.
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.
The Court will hold a hearing to address legal matters requiring testimony or a prove up.
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.
These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.
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.
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.
After the stated three-month placement condition, the assigned DFPS placement worker or 2Ingage placement specialist must provide the Court a report containing the specified placement-contact information.
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)
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. The DFPS/2Ingage primary caseworker shall request an exception whenever appropriate.
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.
An advisement must be filed immediately and include the stated information about the validity of consent and the information provided to the consenter.
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
Department service plans must document efforts to achieve permanency and keep specified information current; plans for youth older than 15 must include the listed transition, education, health, financial, and other items.
Court's wording
**IT IS ORDERED** that all children in the permanent managing care of the Department shall have new service plans that include all the efforts made to get them out of care as soon as possible. The youth for tomorrow information shall be current and up to date, no later than 6 months old. All adoption and TARE information shall be updated no less than 6 months apart. If the youth is older than 15 years of age, the primary caseworker shall develop a service plan which shall include: 1. All education plans, 504 accommodations, most recent ARD information, specific plan to graduate or seek vocational training; 2. Provide for education information to include the foster care liaison at higher education institutions, obtain the name and contact information of those individuals to provide to youth; assist in filling out any FAFSA, admission, or fee waiver forms as needed; 3. All efforts to get a state issued identification card; 4. All efforts to obtain drivers education; 5. All efforts to obtain a driver's license; 6. Set up access to, and information for a medical portal to access all medical information, appointments and prescriptions; 7. A thorough medication review with a pediatric psychiatrist, in person, so the child may ask any questions about psychotropic medications, the caseworker must attend this visit, and all AAL/GAL's must be notified; 8. Referrals to the Texas Workforce Commissions Employment readiness program 9. Provide continued information about the qualifications and availability of public benefits to include: social security, veteran or service member benefits, SNAP, WIC, TANF, and housing assistance; 10. The options available to the youth for adoption, fostering, and aging out of the system – including SIL and TLP information; 11. Apply for a housing application or SIL by the month before the youth's 18th birthday to insure knowledge of options and a place on any waiting lists; 12. Create a secure cloud account to which the youth has the password for scanning all of the youths important documents, including social security, birth certificate; identification cards and any other important papers such that the youth shall have access to those papers if physical copies are lost; 13. Make every effort to establish a bank account in the child's name for their control and use (TFC §264.1215), or set up another application such as Greenlight Card, Venmo, CashApp or other money deposit/holding account; 14. Run a credit check with the child and explain what having credit means; 15. Inform the child of the risks of payday loans, unsecured loans, and motor vehicle loans; 16. Provide an explanation of bank interest rates and how to avoid financial scams; 17. Obtain and maintain a digital cloud calendar for the youth, accessible by the youth, with all relevant appointments and contact information for attorney, physicians, dentists, therapists and support groups; 18. Ensure that the child has luggage, with a combination lock to store belongings; 19. Inform the young adult of the higher education benefits and the need to enroll for at least one credit hour in school prior to their 27th birthday to keep those benefits.
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.
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.
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.”
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.
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.
The CPC will meet with any child upon request.
It is preferable in person where possible, but virtual meetings are also available where the child's schedule or location necessitates using zoom.
Filing & Service rules
Filing Timing and Cure Windows
A motion/order requesting a party’s virtual appearance must be filed at least 3 days before the hearing or, if the emergency need arises later, as soon as it 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.
Page 2 | Request for Virtual Appearance by a Party or a Witness
If a party knows a witness may request to appear virtually, the party must file a motion and order at least 3 days before the setting; the Court’s accommodation of out-of-town or professional witnesses is when practicable.
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.
Page 2 | Request for Virtual Appearance by a Party or a Witness
DFPS/2Ingage must file an Advisement about placement efforts 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.
Page 5 | Placement of Children in Care
An Advisement about an emergency placement, caregiver, or respite change must be filed within 24 hours and include the stated details.
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.
Page 5 | Placement of Children in Care
Service and Proof of Service Rules
Witness and 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 they 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 must notify the party’s or child’s attorney about the listed 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
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
Unless circumstances are exigent, DFPS/2Ingage must notify the child’s attorney in writing before a decision or action concerning the listed significant matters, using email when possible.
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
Filing Bundling Requirements
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.
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
Pre-Motion Conference Requirements
The parties should attempt to confer before the hearing about case issues.
Attempt this conferencing prior to the hearing.
Page 3 | Notice of contested matters
Adjournment & Extension Requirements
The parties cannot agree to or mediate an extension.
Additionally, according to the Family Code – the parties cannot “agree” to (or mediate) an extension.
Page 3 | Agreed Orders
An extension beyond the allotted 12 months requires a finding of extraordinary circumstances and a hearing.
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 request requires a motion and/or order for hearing before the Court considers it.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 1. Requests for Continuance (TRCP 251) M/O;
Page 9 | Motions, Hearings and Advisements
An extension request requires a motion and/or order for hearing before the Court considers it.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Page 9 | Motions, Hearings and Advisements
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
Continuances requested within the 12-month deadline may be agreed to, subject to the Court’s scheduling.
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 will not 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
A party wishing to test courtroom audio or visual equipment must contact the bailiff before the hearing day; testing will be scheduled 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
A meeting about a case-specific concern should include all parties’ attorneys and be scheduled 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