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In Re the Texas Department of Family and Protective Services v. the State of Texas
04-23-00027-CV
Tex. App.
Jul 19, 2023
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Background:

  • The Texas Department of Family and Protective Services (the Department) filed a petition for writ of mandamus on January 12, 2023 challenging two orders (a tutoring order and a deposition order) tied to its role as managing conservator of M.S.V.L.
  • At the time of filing the mandamus petition, M.S.V.L. was 17; after filing she turned 18 and became an adult, exiting extended foster care.
  • The challenged orders arose from a permanency hearing held after a final order appointing the Department as managing conservator.
  • The Fourth Court of Appeals sua sponte raised mootness and ordered the Department to show cause why the petition was not moot.
  • The Department acknowledged the child reached majority but argued the issues were not moot or that a mootness exception applied; the court rejected those contentions.
  • The court concluded conservatorship-related issues became moot once the child reached 18 and dismissed the mandamus petition as moot.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Whether the mandamus challenges to tutoring and deposition orders are moot after the child reached majority Department: Not moot; alternatively, an exception to mootness applies Opposing parties: Moot because the child turned 18 and conservatorship ended Court: Moot; conservatorship issues ended at majority and no mootness exception applies; mandamus dismissed

Key Cases Cited

  • Heckman v. Williamson Cty., 369 S.W.3d 137 (Tex. 2012) (courts must account for intervening events that may render a case moot)
  • Ngo v. Ngo, 133 S.W.3d 688 (Tex. App.—Corpus Christi 2003) (mootness exceptions generally do not apply to conservatorship issues)
Read the full case

Case Details

Case Name: In Re the Texas Department of Family and Protective Services v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Jul 19, 2023
Citation: 04-23-00027-CV
Docket Number: 04-23-00027-CV
Court Abbreviation: Tex. App.