The Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 is a court order issued by the 196th and 354th Judicial District Courts of Hunt County, Texas. It sets rules for parents, intervenors, attorneys and the Texas Department of Family and Protective Services (DFPS) in suits where DFPS is a party under Subtitle E of the Texas Family Code. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original order is published on the Hunt County website, and the order was filed with the District Clerk on 04/03/2024.
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What is Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 – Hunt County, TX?
The Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 is a court order of the 196th and 354th Judicial District Courts of Hunt County, Texas, created to assist the parties and to protect the best interests of children in the care or conservatorship of the Texas Department of Family and Protective Services (DFPS).
It is not an application with blanks for the parties to complete. It applies only to litigation where DFPS is a party under Subtitle E of the Texas Family Code, and it is signed by the judges of the two district courts. The order states that it takes into account the best interests of the child(ren), the rights of the parent(s), the disclosure routinely made through court reports and review hearings, HIPAA and the Texas Medical Privacy Act, and the publicly funded nature of this litigation.
Its sections cover:
- Conduct of parties (nine prohibited acts by a parent or intervenor).
- Discovery, including health information, interrogatories, depositions, production, disclosure, pleading deadlines, service, the trial conference and hearings to modify.
- Release of certain information about a child's placement.
- Placement and transportation of children, and transportation of parents.
- Caseworker information.
- Administration of certain medications.
- Information regarding heritage under the Indian Child Welfare Act.
Any reference to DFPS in the order also applies to Empower Texas or any other agency, division, branch or assign of the Department and/or Empower Texas.
Who needs to file Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 – Hunt County, TX?
The order governs everyone involved in a suit where DFPS is a party under Subtitle E of the Texas Family Code in the Hunt County district courts named above. It does not apply to other litigation.
- Petitioner: must attach a copy of the order to the original petition and to each copy of the petition.
- Parents and intervenors: are ordered to refrain from the nine kinds of conduct listed, such as removing a child from a court-ordered placement or using non-prescribed drugs around possession or visitation.
- DFPS and Empower Texas: have duties on records, placement contact information, transportation, caseworker identification and medications.
- Attorneys, attorneys ad litem and guardians ad litem: follow the discovery, health-information and confidentiality rules. An attorney who receives placement information may not pass it to the client or any third party.
- Parties without an attorney: must keep a current address and email address on file with the District Clerk of Hunt County, Texas.
- Parties or ad litems receiving formal notice of a child's Native status: must file it as the order directs.
Any party may ask the court to modify the discovery requirements based on specific circumstances.
When to file Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 – Hunt County, TX
The order is attached to the petition at the moment the petition is filed in a case involving DFPS. If the Petitioner did not attach it, the Clerk is directed to make sure a copy is attached to the petition and every copy presented.
After that, the order sets its own time limits:
- DFPS and others holding records provide them within ten (10) business days of receipt.
- A parent signs a release of information no more than five (5) days after temporary orders are entered.
- DFPS produces the deidentified case record no less than thirty (30) days before trial.
- Pretrial disclosures are filed not later than fourteen (14) days before trial.
- Pleadings are amended at least thirty (30) days before trial, except with leave of court.
- A child in DFPS care is enrolled in school within two regular school days.
- Notice of a child's Native status is filed within five business days of receipt.
Documents you need
- A copy of the standing order, attached by the Petitioner to the original petition and to each copy of the petition filed in a case involving DFPS.
- A signed release of information for all medical, psychological or psychiatric records and all treatment records, including drug and alcohol records, given by a parent to DFPS no more than five (5) days after temporary orders are entered.
- A written identification of the caseworker (name, phone number and email) filed with the court by DFPS/Empower Texas, with a copy to the guardian ad litem and all parties.
- A written notice of any change of caseworker, filed with the court and copied to the guardian ad litem and all parties.
- A notice of the child's Native status (or lack of it) under the Indian Child Welfare Act, filed with the court within five business days by a party or ad litem who receives formal notice, with copies to all parties.
How to fill out Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 – Hunt County, TX
Confirm the order applies to your case
The order applies only to litigation where DFPS is a party under Subtitle E of the Texas Family Code in the 196th or 354th Judicial District Court of Hunt County.
Attach it to the petition
The Petitioner attaches a copy of the order to the original petition and to each copy. If it is not attached, the Clerk ensures a copy is attached.
Review the Conduct of Parties list
Parents and intervenors read the nine numbered items and refrain from that conduct, including the 12-hour rule on non-prescribed drugs before possession or visitation.
Follow the Discovery rules
Observe the ten-business-day record deadlines, the 30-day case record production, the 14-day pretrial disclosure date and the 30-day pleading amendment limit. Interrogatories, depositions and production require leave of court.
Respect placement information limits
DFPS releases placement details to attorneys, who may not share them with clients or third parties. Parties without an attorney keep their address and email on file with the District Clerk.
Check placement and transport duties
Foster homes must be licensed and within 60 miles of the Hunt County courthouse, school enrollment occurs within two regular school days, and DFPS and/or Empower Texas transport children and, when needed, parents.
Track caseworker and medication rules
DFPS/Empower Texas files the caseworker's name, phone number and email and reports changes. A psychotropic medication needs a court order after notice and a hearing, except in emergencies.
File any Native-status notice
A party or ad litem receiving formal notice of the child's Native status (or its absence) under the Indian Child Welfare Act files it within five business days and copies all parties.
Review and download the PDF
Check the copy against the order published by Hunt County, then download or print the completed PDF from FillingPDF and attach it to the petition as described under How to submit.
How to submit Standing Order in Cases Involving Child Protective Services Signed 04/03/2024 – Hunt County, TX
The order is not sent to an agency on its own: it travels with the petition filed in the Hunt County district courts.
- With the petition: the Petitioner attaches a copy to the original petition and to each copy. If it is missing, the Clerk attaches it.
- Documents under the order: the caseworker identification and any caseworker change notice are filed with the court, and the Native-status notice is filed with the court with copies to all parties.
- Parties without an attorney: keep a current address and email address on file with the District Clerk of Hunt County, Texas. Notice to them may be given in open court, through the electronic filing system the District Clerk uses, by personal service, or by certified mail and first-class mail to the address on file.
The order names no fee and no other channel. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing a DFPS petition without attaching a copy of the standing order to the original and to every copy of the petition.
- Removing a child from a court-ordered placement, or pulling the child from school or day care, without DFPS written agreement or a court order.
- Discussing the litigation or any criminal charge or investigation with the child, or with others in the child's presence.
- Serving interrogatories, taking depositions or serving a request for production or Requests for Disclosure without leave of court.
- Amending pleadings fewer than thirty (30) days before trial without leave of court.
- Failing to keep a current address and email address on file with the District Clerk of Hunt County when you have no attorney.
- An attorney passing placement information to a client or any third party, which requires a specific written court order after notice and hearing.
- Keeping a child overnight at an office, hotel or other unlicensed placement without prior written permission of the Court.
- Giving a child a new psychotropic medication without a court order, except in an emergency, when a hearing must follow within five business days.
Frequently asked questions
What is the Hunt County standing order in CPS cases?
It is a court order signed by the judges of the 196th and 354th Judicial District Courts of Hunt County, Texas, that sets conduct, discovery, placement, transportation, caseworker and medication rules in suits where DFPS is a party under Subtitle E of the Texas Family Code.
Is this a Hunt County property tax document?
No. It is a family-court order for cases involving Child Protective Services and DFPS. It contains no tax rules; property tax matters in Hunt County are handled through separate county offices and documents.
Who must attach the standing order to a petition?
The Petitioner must attach a copy to the original petition and to each copy. If the Petitioner fails to, the order directs the Clerk to ensure a copy is attached to the petition and every copy presented.
Can a parent discuss the case with their child under this order?
No. Parents and intervenors are ordered not to discuss litigation, or any criminal charge or investigation, with the child, or with others in the child's presence. Disturbing the peace of the children is also prohibited.
How soon must records be exchanged under the order?
Within ten (10) business days of receipt. DFPS provides children's and parents' records to each party, and parents, their attorneys and ad litems provide independent records to DFPS and copy the other parties, except consulting experts.
How far can a foster home be from the Hunt County courthouse?
A licensed foster home must be within 60 miles of the Hunt County, Texas courthouse. The home or entity must also be licensed with an agency that contracts with DFPS and be monitored as DFPS requires.
What must a party without a lawyer do under the order?
Keep a current address and a current email address on file with the District Clerk of Hunt County, Texas. Notice may be given in open court, through the electronic filing system, by personal service or by certified and first-class mail.
Can I fill out this standing order on FillingPDF?
You can open the PDF on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with Hunt County, and does not file anything with the court; the order is attached to the petition through the court's channels.
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