In re Pate, 407 S.W.3d 416

Relator filed mandamus to compel trial court to vacate May 16, 2013 temporary order and return child J.L.C. to relator.
DFPS removed J.L.C. on May 9, 2013 for unsafe environment; drug use and neglectful supervision concerns documented.
Affidavits recount prior removal in 2011 due to Pate’s drug use and injuries; child later returned in July 2012 after safety plan.
Hearing held May 16, 2013; evidence showed Pate tested positive for amphetamine/methamphetamine and child was in immediate danger.
Trial court found danger to child and no suitable family placement, declining return of child to Pate pending litigation.
Pate argues the Department failed to make reasonable efforts to enable return home and erred in not returning the child.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion	Pate asserts failure to satisfy §262.201(b)(3) required return.	Department argues danger justified removal and discretionary measures were appropriate.	Yes; court must return child unless §262.201(b)(3) met.
Whether mandamus is an available remedy	Pate lacks adequate appellate remedy for interlocutory order.	Department contends mandamus is appropriate to address temporary order.	Writ issued; mandamus proper to vacate temp order if error shown.
Whether the Department proved reasonable efforts to enable return	Lacked evidence of efforts to return child home.	Relies on prior removals and history to justify not returning home.	Court found no substantial evidence of reasonable efforts under §262.201(b)(3).

In re CSX Corp., 124 S.W.3d 149 (Tex. 2003) (mandamus requires showing abuse of discretion and no adequate remedy.)
In re Texas Dep’t of Family & Protective Servs., 255 S.W.3d 613 (Tex. 2008) (orig. proceeding; supports mandamus relief for DFPS orders in family cases.)
In re Allen, 359 S.W.3d 284 (Tex.App.-Texarkana 2012) (discusses standards for mandamus and appellate remedies in family cases.)