Sterling County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Motion for virtual appearance

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.

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

Motion for virtual appearance

When 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; 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

Hearing

The Court will hold a hearing to address legal matters requiring testimony or a prove up.

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 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

Pre trial 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

Emergency placement change advisement

The emergency-change report must state the reason for the change, when the responsible 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

Placement efforts report

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.

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)

CRITICAL

Applies to

Placement efforts report

The placement-efforts report must identify the placements contacted, the person with personal knowledge who contacted them, and their responses; email or fax attempts do not satisfy the requirement.

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

Subsidy ineligibility advisement

Relative, kinship, or family placements that do not qualify for subsidy must be told the detailed reason, and the Court must receive a report explaining the reason and whether an exception was requested; the primary caseworker must request an exception when appropriate.

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.

CRITICAL

Applies to

Advisement

An advisement must be filed immediately and include the stated information about the validity of consent and the information provided to the consenter.

**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

Psychotropic medication treatment consent

For consent to a new psychotropic medication, the specified DFPS consent form 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.

CRITICAL

Applies to

Service plan

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.

**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.

WARNING

Applies to

Written report in lieu of appearance

Written reports in lieu of appearances are not regularly accepted, except as directed by the Texas Family Code; for good cause arising from an emergency, the need must be expressed to the Court and the report must provide information sufficient to assess whether the children’s needs are being met, since 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

A matter involving an unknown or absentee parent cannot proceed by agreed order.

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

WARNING

Applies to

Witness 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

Applies to

Audio visual evidence presentation

A party using audio or visual equipment in the courtroom is responsible for ensuring the proper equipment is available and functional; the Court may provide viewing screens.

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.

WARNING

Applies to

Child meeting notice

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.

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.

INFO

Applies to

Child meeting request

The CPC will meet with a child upon request.

The CPC will meet with any child upon request.

INFO

Applies to

Child meeting

In-person child meetings are preferred where possible, but virtual meetings are available when the child’s schedule or location necessitates them.

It is preferable in person where possible, but virtual meetings are also available where the child's schedule or location necessitates using zoom.