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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In re THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

No. 04-23-00027-CV

Fourth Court of Appeals San Antonio, Texas

July 19, 2023

Original Proceeding

MEMORANDUM OPINION

PER CURIAM

Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice, Liza A. Rodriguez, Justice

Delivered and Filed: July 19, 2023

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On January 12, 2023, the Texas Department of Family and Protective Services filed a petition for a writ of mandamus complaining of two orders—a tutoring order and a deposition order—both of which are directly related to its former role as managing conservator of M.S.V.L.2 The mandamus record shows that when the Department filed its mandamus petition, M.S.V.L. was seventeen years old. However, after the mandamus petition was filed, M.S.V.L. turned eighteen years old and became an adult.

“A controversy must exist between the parties at every stage of the legal proceedings, including appeal.” . “When a child turns eighteen years old, issues of conservatorship become moot.” ; see (“[B]ecause [the child] recently reached the age of majority, there is no longer a live controversy, rendering [the] appeal moot.“).

We may only decide issues presenting a live controversy at the time of decision. See (“[C]ourts have an obligation to take into account intervening events that may render a lawsuit moot.“). Therefore, we ordered the Department to show cause why the issues presented in its mandamus petition are not moot. The Department filed a response acknowledging that M.S.V.L. has reached the age of majority and has exited extended foster care. Nevertheless, the Department asserts that the issues presented in this proceeding are not moot. Alternatively, it asserts that even if the issues presented in this proceeding are moot, one of the exceptions to the mootness doctrine applies. We disagree. The issues presented in this proceeding are directly related to the Department‘s managing conservatorship of M.S.L.V., which ended when she turned eighteen and became an adult. Furthermore, the issues presented in this proceeding do not fall under any of the exceptions to the mootness doctrine. See (holding the exceptions to the mootness doctrine generally do not apply to conservatorship issues).

We conclude that because M.S.V.L. recently reached the age of majority, there is no longer a live controversy, and the issues presented in this proceeding are moot. Therefore, the Department‘s mandamus petition is dismissed as moot. See (dismissing appeal as moot because when the child under the Department‘s managing conservatorship turned 18 all conservatorship issues became moot); (granting the Department‘s motion to dismiss the appeal as moot because the child had turned eighteen and was no longer a “child” under the family code); (dismissing as moot an appeal from an order appointing the Department permanent managing conservator because the child had turned eighteen).

PER CURIAM

Notes

1
This proceeding arises out of Cause No. 2020-PA-02106, styled In re M.S.V.L., filed in the 408th Judicial District Court, Bexar County, Texas.
2
The challenged orders were rendered at a permanency hearing held after a final order appointing the Department managing conservator. See TEX. FAM. CODE § 263.501(a) (requiring the trial court to hold periodic permanency hearings until the Department is no longer the child‘s managing conservator).
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