Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/10/2015 12:09:44 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00776-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/10/2015 12:09:44 PM CHRISTOPHER PRINE CLERK No.
IN THE COURT OF APPEALS, FOR THE FOURTEENTH In re Rosemary Margenau, Relator § DISTRICT
§ HOUSTON, TEXAS
§ PETITION FOR WRIT OF MANDAMUS /s/ Alison J. Meyers Alison J. Meyers Attorney for Relator State Bar No.2 1601 Westheimer Rd.
Houston, Texas Ph.: 713-859-9271 Fax: 1-888-845-2889 ameyersflameverslawxom *2 Identity of the Parties and Counsel
The following is a list of all parties and all counsel who have appeared in
this matter: Rosemary Margenau
Relator: Attorney for Relator in the trial court: Alison J. Meyers, 1601 Westheimer,
Houston, Texas 77006, State Bar No. Respondent: Honorable John Phillips Texas Department of Family and Protective
Real Party in Interest:
Services
Attorney for Texas Department of Family and Protective Services in the trial
court: Marc Ritter, 1019 Congress, 15”‘ floor,
Houston, Texas 77002, State Bar No. [1] 695 [1] George Margenau
Real Party in Interest:
Attorney for George Margenau in the trial court:
Juliane Phillips,
P.O.Box 10151, Houston, Texas 77026, State Bar No. K. B. H. and K. M. R.
Real Party in Interest
Attorney Ad Litem in the trial court:
Patrick Shelton, 3600 Montrose, Ste 104, Houston, Texas, 77006, State Bar No 18208900
Table of Contents
Index of Authorities:
In re Cochran, 151 S.W.3d 275 (Tex. App.- Texarkana 2004)
In re Tonya Allen, 359 S.W.3d (Tex. App.- Texarkana 2012)
Texas Constitution
Texas Family Code
Texas Government Code
1. Statement of the Case
II. Statement of Jurisdiction
III. Issue Presented
IV. Statement of Facts
V. Argument
VI. Prayer
Appendices The following documents are attached this petition and
incorporated in it for all purposes. Certified Copy of “Temporary Order Following Adversary Hearing
1.
dated August 26, 2015 signed by Respondent in Cause No. 2015—04673J.
2. Reporter’s Volume Record ofl Volumes in [1] Cause No. 2015-04673}
prepared and certified by Julia M. Range], 314"‘ Court Reporter.
3. Supplemental Record Reporter’s [1] of [1] Volume Volumes prepared
and certified by Julia M. Rangel, 314"‘ Court Reporter
Statement of the Case The underlying suit is a petition for protection of a child for
1. conservatorship, and for termination of the parent—child relationship. Respondent is Honorable John Phillips, Judge of 314"‘
2. 5”‘ Judicial Court of Harris County, Texas whose address 1200 Congress, floor,
Houston, Texas 77006. Evidence was factually and legally insufficient to support
3. Real Party Interest, Department of Family and Protective Services (the “Department”), being named Temporary Managing Conservator of the children.
Statement of Jurisdiction
This Court has jurisdiction to issue a writ of mandamus under section 6 of article V of the Texas Constitution and section 22221 (a), (b) of the Texas
Government Code.
Issue Presented
lssue No. 1: Respondent abused his discretion in denying Relator’s request
to have the children returned home and naming the Department temporary managing conservator children because evidence presented at the adversary hearing was factually and legally insufficient pursuant sectior 262.201 of Texas Family Code.
Statement of F acts
On or about August 6, 2015, the Department filed an Original Petition for Protection of a Child for Conservatorship, and for Termination Suit
Affecting the Parent—Child Relationship and Application for Writ of Attachment as
to K. B. H. and K. M. R., and subsequently removed the children from their home
and their parents’ possession.
On August 25, 2015 in Cause No. 2015-2015-04673J Respondent held the
adversary hearing required by Section 262.201 the Texas Family Code.
Testimony from the Depa1tment’s investigator, Danitra Fields-Frazier, indicated reasons for children coming into care included outcries from both
children alleging sexual abuse, and Relator’s refusal cooperate with the
Department. (Rep0rter’s Record at 4-5; 11) The investigator testified that prior to
filing the original petition, a “Safety Plan” was developed that required one of
alleged perpetrators, Troy Ready, to leave the home. (Reporter’s Record at 9-10.)
The “Safety Plan” did not include date and time certain for children to
participate in a forensic interview at the Children’s Assessment Center (“CAC”).
(Repo1ter’s Record at 10)
Danitra Fields-Frazier testified that to her knowledge Troy Ready was no longer living in the home as required by the Safety Plan. (Reporter’s Record at
10) Testimony regarding Relator’s refusal cooperate with Department
included allegations that the investigator made calls and left voice messages which
were unanswered by Relator. (Reporter’s Record at 11). Additionally, the
investigator testified that attempts were made to visit the children in the home.
(Reporter’s Record at 11). The children were scheduled for a forensic interview at
the CAC. (Reporter’s Record at 5) However, they were not brought to CAC by the
Relator for the interviews because the Relator believed the case to be closed.
(Reporter’s Record at 5)
Since coming into the care of the Department, K. B. H. has participated a forensic interview at the CAC. (Reporter’s Record at 10) An
extended assessment is not required and the Department is recommending that the
child participate in a psychological assessment (Reporter’s Record at 10) K. M. R.
was hospitalized evaluate her mental stability and currently placed in a
Residential Treatment Central. (Reporter’s Record at 7-8) As of August 25,
K. M. R. had not participated in a forensic interview. (Reporter’s Record at 10).
Relator requested children be returned their home. (Repo1ter’s Record at 20)
At conclusion of hearing Respondent made no rendition regarding his orders or findings regarding requests Relator and
Department. (Reporter’s Record at 26) Respondent merely set the next hearing for
this case. (Reporter’s Record at 26)
Argument
A full adversary hearing was held on August 25, 2015. The purpose of the full adversary hearing is to determine if the Department will be named
Temporary Managing Conservator the child. Texas Family Code Section
262.201(b) sets out the burden the Department must show order to be named
Temporary Managing Conservator of the child:
(1) there was a danger to the physical health or safety of the
child which was caused by an act or failure to act of the person
entitled to possession and for the child to remain in the home is
contrary to the welfare of the child;
(2) the urgent need for protection required the immediate
removal of the child and reasonable efforts, consistent with
circumstances and providing for safety of child, were
made to eliminate or prevent the child’s removal; and
(3) reasonable efforts have been made enable child to
return home, but there substantial risk of a continuing
danger if the child is returned home.
Respondent signed a “Temporary Order Following Adversary Hearing in
Cause No. 2015-04673J dated August 26, 2015 appointing Department as
temporary managing conservator of K. B. H. and K. M. R.
The Department offered no evidence or testimony to support a finding under
section (b)(1). A Safety Plan was established prior filing this suit which
required the removal of one of the alleged perpetrators, Troy Ready. The “Safety
Plan” did not require the other alleged perpetrators, George Margenau and Stephen
Margenau, to vacate home. The CPS caseworker testified to her
knowledge, the alleged perpetrator was no longer in living in the home. There was
no testimony from the caseworker or the children’s Attorney Ad Litem that there
was a danger to the physical health or safety of the children by the other alleged
perpetrators remaining in the home. In fact, the child K. B. H., participated in a
forensic interview aiid made no outcry as to sexual abuse. The only testimony
regarding the physical health of the children was in regard to K. M. H. and her
purported mental health issues. Relator testified as to her attempts to address the
child’s purported mental health issues identified prior to this lawsuit. The
Department and the children’s Attorney Ad Litem recommended that the child, K. H., continue to be evaluated to assess her mental health. However, the
Department offered no testimony with regard to the danger either child would face
if returned home while the necessary evaluations were conducted. Danita Fields-
Frazier testified that the children were scheduled for a forensic interview regarding
the allegations of sexual abuse. However, the children were not brought for the
interview by the Relator and the Department testified as to numerous attempts to
contact the Relator regarding the interview and to subsequent attempts to see
children in the Relator’s home. As a matter of law, the trial court could not have
made the requisite findings for appointing the Department Temporary Managing
Conservator because Court had no evidence pertaining the danger the
physical health or safety of the children. See In re Cochran, 151 S.W.3d 275,
(Tex. App-Texarkana 2004) (explaining absence any current
conditions or actions that would constitute a danger to the child’s health or safety,
the trial court could not have reasonably based its findings on prior terminations
alone).
The Departmenfs investigator, Danitra Fields-frazier, offered no testimony
or evidence as to the reasonable efforts under the circumstances for the children to
remain in the home pursuant to Section (b)(2) or as to the reasonable efforts made
to permit the children to return home pursuant Section (b)(3). See In re T onya
Allen, 359 S.W. 3d 286, 291 (Tex. App ~ Texarkana 2012) (finding insufficient
evidence to support trial court’s findings under Section 262.20l(b)(2) and (b)(3)).
Prayer
Realtor prays that this Court issue its writ of mandamus commanding the
trial court to vacate the order of August 26, 2015.
/s/ Alison J. Meyers Alison J. Meyers Attorney for Relator State Bar No.: 1601 Westheimer Rd.
Houston, Texas Ph.: 713-859-9271 Fax: 1-888-845-2889 ameyersfiameverslawxom Certification certify that I have reviewed the petition and concluded that every factual
statement in the petition is supported by competent evidence included in
appendix or record filed with this Court.
/S/Alison J. Meyers
Alison J. Meyers
10 *11 Certificate of Service
I certify that a true copy of this Petition for Writ of Mandamus was served in
accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party
or that party’s lead counsel as follows:
Party: Honorable John Phillips, Respondent
Address of service: 1200 Congress, 5”‘ Floor, Houston, Texas 77002
Method of service : by mail
Date of service: September 10, 2015
Party: The Department of Family and Protective Services
Lead Attorney: Marc Ritter
Address of service: 1019 Congress, 15"‘ Floor, Houston, Texas 77002
Method of service: by fax
Date of service: September 10,
Party: George Margenau
Lead Attorney: Juliane Phillips
Address of service: PO. Box 10151, Houston, Texas
Method of service: by mail
Date of service: September 10,
Party: K. B. H. and K. M. R.
Attorney Ad Litem: Patrick Shelton
Address of service: 3600 Montrose, Ste. 104, Houston, Texas
Method of service: by mail
Date of service: September 10,
A copy of this notice being filed with the appellate clerk accordance
with rule 25 .1(e) of the Texas Rules of Appellate Procedure.
/s/Alison J. Meyers
Alison J. Meyers
[11] *12 Appendix A:
This appendix contains the following: Certified Copy of “Temporary Order Following Adversary Hearing
1.
dated August 26, 2015 signed by Respondent in Cause No. 2015-04673].
2. Reporter’s Volume Record of [1] Volumes [1] in Cause No. 2015-04673]
prepared and certified by Julia M. Rangel, 314"‘ Court Reporter.
3. Supplemental Record Reporter’s [1] of l Volume Volumes prepared
and certified by Julia M. Rangel, 314th Court Reporter
APPENDIX A
1 *14 ‘
; i 8l6l2015 12:04:02 PM . Chris Daniel - District Clerk i Oiiifiiiiiii i Ear"? c°lilmy63B3 nye ope o: _ i 2015-04673J / Court
.... Mi NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Tncjifi
xv DANITRA Y. FIELDS-FRAZIER 600-2
JENNIFER ‘BOOTH 600-2
CAUSE N0.
INTIIE INTEREST OF IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS CHILDREN JUDICIAL
FAMILY/JUVENILE DISTRICT TEMPORARY ORDER FOLLOWING ADVERSARY HEARING ’
On 2' :2 S .20/f , full adversary hearing pursuant to §262.20l or 262.205, Texas Family Code. was held in this cause. of Appearances 1.
Page 1.6. The Department of Family and Protective Services (“the Department") appeared - through DANITRA Y. FIELDS-FRAZIER, caseworker, and by attorney
[66514602] STEPHANIE and EWING announced ready. Respondent MOTHER ROSEMARY MARGENAU 1.7.
Public: El appeared in person and announced ready. Cl appeared through attorney of record and announced ready. ~ U waived issuance and service of citation by waiver duly filed. appeared in person and through attorney of record and announced ready. /////50/V /{jg/J to El agreed to the terms of this order as evidenced by signature below. Disseminate Ci although duly and properly notified. did not appear and wholly made default.
of‘) D was notvnotified. and did not appear. Not Respondent FATHER GEORGE MARGENAU 1.8. Page Do U appeared in person and announced ready. - - El appeared through attorney of record and announced ready.
Only
[66946748] Use appeared fl person and. through in attorney of and record announced ready. Jx/ El waived issuance and service of citation by waiver duly filed. El agreed to the terms of this order as evidenced by signature below.
Number: Ci althoughduly and properly notified, did not appear and wholly made default. Governmental El was ‘not notified. and did not appear.
Document Certified For Official P Orders Temporary M instrument MEMORANDUM RECORDER'S quality pool‘ is.of This imaging. the time of at A "9 ust .
0 , appointed by the Court.as Attorney and Guardian Ad Litem of the children the subject of this suit.
appeared and a.nnounced ready.
agreed to the terms of this order as evidenced by signature below.
Cl although duly and properly notified, did not appear.
1.10. Also Appearing. ' Jurisdiction
2.
The Court, afierexamining the record and hearing the evidence and argument of counsel,
finds that all necessary prerequisites of the law have been satisfied -andthat this Court has
jurisdiction of‘this case and of all the parties.
3. Findings The Court finds there is sufficient evidence to satisfy person of ordinary
3.1. prudence and caution that: (l) there was a danger to the physical health or safety of of the children which was caused by an act or failure to act of the person entitled to possession and for the children to remain in the hom :'is contrary to the welfare Page of the children; (2) the urgent need for protection required the immediate removal - of the children and makes efforts to eliminate or prevent the children’s removal l4602 impossible or unreasonable; and (3) notwithstanding reasonable efforts to eliminate the for need children’s removal and the enable the children to retum home, there is a substantial risk of a continuingdanger if the children are returned
Public: home.
the A The Court finds sufficient evidence to satisfy a person of ordinary prudence and 3.2. to caution that there a continuing danger to the physical health or safety of the
children and for the children to remain in the home is contrary to the welfare of Disseminate the children.
of9 [66946748] Page - Only Use Not Do - 3.3. be contrary to the welfare of the children. finds with respect to the children's health and safety have been made by Department prevent or eliminate the need for removal of the children from ‘the home and make it possible for the children to return home, but that continuation in the home would The efforts reasonable consistent with The Court finds that the following orders for the safety and wel"fare~of the children 3.4;
Number: Governmental are in the best interest ofthe children.
Document Official Temporary Orders Page August 6. [2015] (qinad) For
Certified
I Appointment of Counsel for Parents or Parties
4. Court finds that ROSEMARY MARGENAU is/ is not'indigent.i Based on
4.]. ' that ROSEMARY MARGENAU is not indigent and pursuant to the tin as Family Code, 1'!‘ IS ORDERED that ROSEMARY §l07.0l5 oft MARGENAU is responsi a reasonable fee i_n the amount set by the y children, j ANDIOR ' ed to represent the Court by separate order to the attorney I ‘
. e Court finds that GEORGE MARGENAU isl is not indigent. Based on the
4.2. ~ ~ IS ORDERED that GEORGE MARGENAU is the Texas Family , ' ‘ ' responsible to ‘pay a reasonable unt set by -the Court by separate order to attorney ad litem appointed toprepresen ~ ~~ The Court makes no finding with regard to. indigency Respondent§ because said Responden is/rt,’I)’t'r'1')resent1y before Court and/or insufficient information available to make such a determination at this time. 9 of Appointment of Single Counsel for Both Parents 5.
Page The finds that interests of both indigent parents who have responded in - opposition the termination of the parent-child relationship are not in conflict, and
[66514602] therefore has appointed attorney ad lilem single represent the of interests both parents.
Public: Conservatorship 6.
the IT IS ORDERED the Department of Family and Protective Services is 6.1. to appointed Temporary Managing Conservator of the following children: Name: Disseminate Sex: FEMALE
of9 Date for Birth: Not lndian Child Status: UNKNOWN
Page Do - - Name: Only Sex: FEMALE
[66946748] Use Indian Child Status: UNKNOWN Date Birth: for
Number: IT‘lS ORDERED that the Temporary Managing Conservator shall have all 6.2. Governmental
rights and duties set forth in §153.37l, Texas Family Code.- Document Ofiicial Temporaty Otders Page August 6. [2015] (ginad) For
Certified *17 IT ES ORDERED addition to the rights and duties listed in
6.2.1. §l53.371, Texas Family Code, the Department its employee or designee authorized to consent to medical care of the subject children, pursuant to §266.004, Texas Family Code.
OR
Th Coun authorizes ' ~ to conse care of the subject children, pursuant to ' ' ' ' §266.004(b)(_1), Texas Family Co e. limited to ~~ provision of medical care services provided by Medicar program. The Court finds that it is in the best interest of the children to limit the rights and
6.3..
duties ofeach parent The Court makes no finding at this time with regard to the appointment of a
6.4.
Temporary Possessory Conservator.
[Or] IT IS THEREFORE ORDERED that 6.5. Q with the limited rights and duties set forth below. ~~ is appoln 9 hiid, _
of 4
Page IT IS THEREFORE ORDERED that 6.6. - ‘s ap mt Conservator child,
[66514602] , limited withthe and duties set rights e . Rights and Duties of Temporary Possessory Parents
7.
Public: _ _ Each this Order shall have the 7.1,. following rights:
the to
7.1.1. the right to receive information concerning the health, education, and welfare of the children; Disseminate the right to access medical, dental, psychological, and educational 7.1.2. of Not records of the children; Page Do 7.1.3. the right to consult with physician, dentist, or psychologist of - - Only children;
[66946748] Use 7.1.4. the right consult with school officials concerning children's
welfare and educational status, including school activities; Number: Governmental
Document Oiticial Tempqraryorrters Page August 6, [2015] (ghadj For
Certified *18 the right, during times of unsupervised possession, to consent for the
7.1.5. child to medical, dental, and surgical treatment. during an emergency ' involving immediate-danger to the health and safety of the children; 7.l.6. right, the times of possession, during to direct moral the and religious training of the children;
and the right to
f/1//’/i//’ Each this Order ‘shall have the
7.2.
following duties: the duty, during periods of possession of the children which are not
7.2.1. supervised by Department or its designee, of care, control, protection, and reasonable discipline of the children; 7.2.2. the-duty to support the children, including providing the children with clothing, food, and shelter during periods of possession of the children which are not supervised by the Department or its designee; of and duty to Page
-
[66514602] Possession of and Access to the children
7.3.
Public: The Court finds that the application of the guidelines for possession of 7.3.]. and access the children, as set out in Subchapter F, Chapter 153, to Texas Family Code, not children’s best. interest. [T IS
ORDERED parents named as temporary possessory conservators the children shall have limited access and Disseminate possession of the children as set forth below.
of‘) Page [66946748] - Do Use Only Not - parents the have right shall finds The with visitation to Family of and Protective times and at other all Services that the Court mutually Department in accordance with the policy established the children by agreeable to Managing Conservator the Temporary the and of parents said children.
Number: Governmental [of]
~ Document Official Temporary Orders Page August 6. [2015] (ginad) For
Cenified *19 I'I"~IS ORDERED that each Temporary Possessory Conservator
7.3.2. 'nted this Order shall have visitation with the children as a Child Support
The Court finds that the parents have a duty to support the child the subject of this suit.
[Or]
The Court makes no finding at this time with regard to the payment of child support.
IT IS ORDERED that any child support ordered to be paid for support of the children as a result of anyprior court order be ordered to be redirected and paid to the Texas Department of Family and Protective Services. of Release of Medical and Mental Health Records
Page
- IT IS ORDERED Respondents ROSEMARY MARGENAU and GEORGE
[66514602] MARGENAU an execute for‘ the release authorization Respondents‘, and the
children's (if needed) past, current‘ or future medical and mental health records the Department from all physicians, psychologists, or other health care professionals, who
Public: have treated Respondents or their children which information the Department shall be authorized ‘to share ‘with all other groups or persons it deems necessary; and further
the provide Department with list of names and addresses of all physicians, to psychologists, or other healthcare providers who have tnated Respondents or the childrerr.~. Respondents shall execute the authorization and deliver it, together with Disseminate list of physicians, psychologists, or other healthcare providers , to the Department within
of‘) 15 days of the date of this hearing. Not Required Home Study
Page Do - - l0.l. The Court finds that Respondent Mother, ROSEMARY MARGENAU, has/has Only
[66946748] Use Family Texas Code. not submitted under required Form Placement Resources Child §26'l.307, 10.2. The-Courtfinds that Respondent Father, GEORGE MARCENAUJIBS/I188 not
Number: Governmental submitted the Child Placement Resources Form required under §26l.307, Texas
Family Code.
Document Official Temporary Orders Pqe Augustli. [2015] (ginad) For
Certified *20 IT IS ORDERED that each Parent, Alleged Father or Relative of the subject
10.3.
children before the Court submit the Child _Placernent Resources Form provided under §26l.307, if the form has not previously been provided and provide the Department and the Court the full name and current address or whereabouts and phone number of any and all relatives of the subject children the subject of this suit with whom the Department may place the subject children during the pendency of this suit, pursuant to § 262.201, Texas Family Code. 1'!‘ IS ORDERED that Department shall continue to evaluate substitute
10.4.
caregiver options until the Department identifies a relative or other designated individual qualified to be a substitute caregiver. IT IS ORDERED that Department shall conduct a home/social study on
10.5.
, if preliminary criminal and CPS background checks of all members of the household age 14 and up are favorable Finding and Notice 11.
The Court finds and hereby notifies the parents that each of the actions required of
them below are necessary to obtain the return of the children, and failure to fully
comply with these orders may result in the restriction or termination of parental
rights. of Compliance with Service Plan l2.
Page ROSEMARY MARGENAU is ORDERED, pursuant to §263.l06 Texas l2.l. - Family Code, to comply with each requirement set out Department’s
[66514602] original, any or service plan during amended, the pendmcy this of suit. GEORGE MARGENAU is ORDERED, pursuant §263.lO6 Texas Family
12.2. Code, to comply with each requirement set out in the Department’s original, or
Public: any amended,_ service plan duringthe pendency of this suit. IT IS FURTHER ORDERED that: to l2.3.
Disseminate
of‘) Not Do
Page - — Only The court finds this order, as supplemented by service plan be 12.4.
[66946748] Use approved at under Texas the Status Hearing Code Family sufficiently §263.20l, defines the rights and duties of the parents of the child pursuant to Texas‘ Family
Code §l53.602 and satisfies the requirements of a parenting plan. To the extent Number: there evidence demonstrating that the children have been exposed to harmful Governmental
Document Official Page Order: Temporary August 6. [2015] (BMW)
For
Certified
parental conflict, the coun orders that the Department address this issue the Family Plan of Service. Required lnfomration
13. IT IS ORDERED that each Respondent to this cause provide to the Department
13.].
and the Court, no later than thirty days from the date of this hearing, the information detailed below. IT IS ORDERED that each Respondent to this cause provide to the Department
l3.2.
and the the full name and current address or whereabouts and phone number of any absent parent of ‘the children the subject of thissuit, pursuant to Rule .194, Texas Rules of Civil Procedure. IT IS ORDERED that each Respondent to this cause subrnitthe Child Placement
13.3.
Resources Fonn provided under §261.307. Texas Family Code, if the form has not been previously provided and provide to the Department and the Court the full name and current address or whereabouts and phone number of any relative of the children the subject of this suit with whom the Department’ may place the children during the pendency of this suit, pursuant to Rule 197, Texas Rules of Civil Procedure. and §262.20l(e), Texas Family Code. IT IS ORDERED that each Parent furnish information sufficient to accurately l3.4. identify that parent‘s net resources‘ and ability to pay child support along with of copies of income tax returns for the past. two years, any financial statements, bank
Page statements, and current pay stubs, pursuant to Rule [96, Texas Rules of Civil
- Procedure, and §l54.l82, Texas Family Code.
l4602 l3.5. information the establish the of status immigration and parentage sufficient that IT Court Department and the the each Respondent provide ORDERED IS children, including but not limited to marriage records, birth or death certificates,
Public: baptismal records, social security cards, records of lawful permanent residence- (“grecn cards”), naturalization certificates, and any other record of the United States
the
to Citizenship and immigration Services and records of lndian ancestry or tribal
membership. Disseminate IT IS ORDERED that each Respondent furnish Department all 13.6.
of‘) information necessary to ensure the Department has an adequate medical history Not for children. including but not limited. to immunization records for
Page children and the names and addresses of all treating physicians. Do - -
Only IT IS ORDERED each Respondent provide Department information l3.7.
[66946748] Use the regarding history of the medical parent and ancestors parents on the medical history report form, pursuant to §l6l.202l, Texas Family Code.
Number: Governmental
Document Official 8. Page Orders Temporary August 6. [2015] (sinadl For
Certified
l3.8. IT IS ORDERED that each Respondent to this cause provide to the Department
and the. Court a current residence address and telephone number at which each can be contacted.
13.9. IT IS ORDERED that each Respondent to this cause notify the Department and Court of any change his or her residence address or telephone number
within five (5) days of a change of address or telephone number.
Dismissal Date and Notice of Status Hearing
Pursuant to §263.306(l 1), Texas Family Code, the Co rt determines that the date ' E‘ Z
for dismissal of this cause shall be . 43
IT IS ORDERED that this cause is set for a Status Hearing, pursuant to § 263.201 '— /0- / 020/5' at 7300 o'clock gm. Texas Family Code, on
in the 3/7 Judicial District Court of Harris County in Houston, Texas. All said TEMPORARY ORDERS shall continue in force during the pendency of this
l5.
suit or until further order of the Court. D’
SIGNED this day of , 2015. of MASTER or THE COURT
Page SlGNED'this J/{lay of , 2015. —
[66514602] JUDMPRESIDING
Public:
to
Disseminate
of9 Not
Page Do - -
Only
[66946748] Use
Number: Governmental
Document Official » Wé?i..“r2 For
Certified
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this September 9,
Certified Document Number: 66946748 Total Pages; 9
Céwzflt.-be
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
APPENDIX A
2 *25 REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES 20l5—04673J CAUSE NO. IN THE DISTRICT COURT
IN THE INTEREST OF )
) ) HARRIS COUNTY, TEXAS
) ) ) 3l4TH DISTRICT COURT
CHILDREN ‘k**k*9<*~kJ<~k‘)r~k*~k~k*l<*~k+********~k******* SHOW CAUSE HEARING *~Jr*~k~k*k*~k*‘k**k~k*~k*k~k‘k*k~k***~k*'k*k‘k~k~kv\-~k On 25th day August, 2015 following proceedings came on be heard in above-entitled
numbered cause before Honorable John Phillips, Judge
presiding, held Houston, Harris County, Texas.
Proceedings reported by Computerized Stenographic Machine Method.
ORIGINAL (fl |\) 314th Court
713-222-4910 *26 A P P E A R A N C E S Mr. Marc Ritter
SBOT: 165951500
ASSISTANT COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002
_Telephone: ‘713—274—5232
Counsel for T.D.F.P.S.
Mr. Patrick Shelton
ATTORNEY AT LAW
SBOT NO. 18208900 Suite 104
.3600 Montrose,
Houston, Texas 77006
Telephone: 832-216-5909
Counsel for The Children Ms. Alison Meyers
10
ATTORNEY AT LAW SBOT NO. 24041477
11
1601 Westheimer Road Houston, Texas 77006
12 Telephone: 713-859-9271 Counsel for Respondent Mother Rosemary Margenau
13 Ms. Juli Crow
14
ATTORNEY AT LAW SBOT NO. 24000653
15
P. O. Box 10152 Houston, Texas 77206-0152
16 Telephone: 281-382-1395 Counsel for Respondent Father George Margenau
17
18
l\) (D 314th Rangel,
713-2 22-4910 N D E X
VOLUME 1 (SHOW CAUSE HEARING) Page V01. August 25, 2015
Announcements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 V01. Direct
Petitioner's Witness gross 4-12
DANITRA FIELDS—FRAZIER 9
By Ms. Meyers 13
By Ms. Crow Cross Direct
Respondent's Witness ROSEMARX MARGENAU 16
10 21 By Mr. Ritter
11 22 By Mr. Shelton
12 Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . ..' . . . . . . . ..; 26
13 Court Reporter's Certificate . . . . . . . . . . . . . . . . . . .. 27
14
15
16
17
18 (fl
l\) 314th
713-222-4910 *28 P R O C E E D I N G S MR. RITTER: Your Honor, we're at show
cause hearing 20l5—O4673J in the interest of‘—
ano—~- Marc Ritter representing the department, caseworker is Danitra The ad litem Mr. Shelton. Mom present
Fields—Frazier. And Julie Crow is
with her retained attorney Alison Meyers.
present representing father George Margenau. Call
caseworker.
DANITRA FIELDS-FRAZIER testified as Having first been duly sworn, follows:
D R E C T E X A M I N A T I O N BY MR. RITTER: Ma‘am, will you state your name for the record?
Q A Danitra Fields—Frazier. And you're caseworker for these All right.
Q two children?
A Yes. Can you tell judge what referral was in
Q this case? Allegations sexual abuse by —— on
A by her grandfather and her two uncles.
respect to ‘ And were there also allegations with Okay. Q
l\) (I1 314th
713-222-4910
A No. All right. And did you do an investigation?
Q A Correct. Yes.
‘Q‘ All right; And as part —— beginning of this case, you attempted to get mother to take the
children for forensic interviews; is that correct?
A Yes. All right. Did she —- was she compliant with
Q that? A No.
10 Did she say why she wasn't being compliant with
ll Q
12 that? She thought case was closed. A
13 Okay. And did you talk children?
14 Q A
15 Yes. And what disclosure did they make regarding the Q sexual abuse allegations? didn't make a disclosure. - stated A that her father Troy Ready licked her private area with his a tongue.
2O And that was a -- something that happened Okay. Q
recently, according her disclosure; is correct? Correct.
A All right. And with respect to ‘, original allegations came from rumor at school; that 314th Court
713-222-4910
correct?
A Correct. And
Q was allegedly telling her friends that she had been sexually molested; is that correct?
A Correct. All right. But when you talked to her, she Q actually ended up not making any --
A Correct. So you're asking for a forensic interview and for
Q agency be named temporary managing conservator? A Correct. Did —— does’ have any mental health
Q problems? The oldest child?
A She has not had her psychological yet. Okay. And -- but when you talked to her, did Q
she -— was there any concerns for you about her mental
health? ~*
A She seems little delayed. Okay. And how about Q?
Q A Yes.
Q Qkay.
A ‘I has been diagnosed. And fact, part of your investigation, you
Q talked child and she wanted her sister be moved
out home; correct? 314th Court
713-222-4910 *31 A Correct. She wanted her room. Yes, sir. MS. MEYERS: Objection. Calls for hearsay.
-.THE‘©OURT: Your objection's overruled. I'm waiting for you to tell me about the case, Pat.
MR. SHELTON: Let me -— any objection to
offering these into evidence? Pictures.
MR. RITTER: No objection. She's
MR. SHELTON: This is basically seven, going on eight years old. She's in a mental health hospital now.
1O
CASEWORKER: She was moved. MR. SHELTON: She was at Intracare Okay. And this is T} who's eleven north when saw her.
gmhgontwdva
Both children need to have a forensic interview by a professional regarding sexual abuse allegations regarding .n :.
activity in the home with several individuals. They both T, older
need mental healthfievaluations.
child, supposedly made comments to more than one person at
school, two listed in affidavit. So issue is why
would somebody be, number one, making up story this
nature.
CASEWORKER: Correct. MR. SHELTON: And number two, we want to know
f there's any merit it. And regards younger 314th
713-222-4910
child, she has some definite mental health issues. In
talking with her, she is off the wall in a number of
different areas. Just scattered thinking. She was kicked
out of three elementary schools, according to the affidavit,
and then they were doing the home schooling, which of
course, means no schooling. So we've got some major issues
now.
These folks who are here who are the adoptive W "‘ 76. .
parents, adoptive mother here is 70, adoptive father is 75.
But part of allegation is against father of the
younger child. So we need to definitely see if there's a
law enforcement aspect to this case before we return the
children any of these individuals named.
THE COURT: Okay.
MR. SHELTON: This child very articulate,
very pleasant. Good foster home and --
THE COURT: Where are the children? MR. SHELTON: Well this one, when saw her
on Saturday, was at Intracare north and she was in Spring area town a foster home.’ They have —— this is two—parent home with a nine year old sibling and they were getting along very well. Arrow family. And current placement for younger one, if you want tell the
judge. CASEWORKER: m :3‘ H .3 m (*1- ,4 SD P H 11) U‘! (D m <.’)
l\) 314th Court
713-222-4910
RTC. St. Claire something.
MR. SHELTON: And I would like to go visit
that because my experience with —— this child is young for
an RTC compared to most kids who are there; is correct?
CASEWORKER: Well when I dropped her off last night, there were, there were kids there her age and they're
only holding her until foster home is available.
MR. SHELTON: I would recommend she be placed foster care. When I was at Intracare, I had another
client there, but it was mostly older kids and there's some
interaction problems, just based on age, so —— at that
psychiatric hospital, which similar to most RTC’s. So
any foster home, I would go visit her, would be preferable.
THE COURT: Okay. What else? Questions? MR. RITTER: I have no further questions,
Judge.
MS. MEYERS: Yes, Your Honor. I have just a
couple questions.
C R O S S E X A M N A T I O N BY MS. MEYERS: Prior filing lawsuit, was safety plan
Q developed with family?
A Yes. Okay. And what did that include?
Q A Troy Ready leave the home. No Contact with 314th 713~222-4910
in or-j. Okay. And to your knowledge, was Trevin moved
Q
from home?
A Troy? I apologize. Troy.
Q To my knowledge.
A Okay. And your knowledge, is he living there Q
now? don't know.
A Okay. As part of that plan, did you also agree Q girls would participate in forensic interviews?
ll
A ‘Not part of plan. We verbally agreed. participated a forensic Okay. And has Q interview?
A Yes. Okay. And if you know, what were
Q
recommendations it? Don't know what recommendations --
A Okay. So she's not participate in an extended Q
assessment; that correct?f No. We just gonna -— she's gonna have a
A
psychological. has forensic Okay. And with regard to
Q interview been scheduled for her? Na (II
to 314th
713~222-4910
11 Is she seeing a doctor now? Q A She was seeing doctor while she was the hospital. Okay. And you testified that, that the children
Q
were not brought to their forensic interview; is that
correct?
A Correct. And is —— and that was the major reason for you
Q bringing this lawsuit against the parents; is correct? A
1O No.
11 What the major reason then? Q A
12 The father called men asked me could he return to
13 the home and I told him no; and then Ms. Ready would not cooperate or communicate with me. Or allow me to see
14
15 children or confirm if he had moved back into the home or not.
16
17 Q Okay. A I mean Ms. Margenau. I'm sorry.
18
19 And were those through phone calls or? Q A I called the home. ,I left several messages. 'I
3202:, visited the home several times with the police officers and she would not open the door, although heard children inside home on one occasion. E !_ Okay. And do you have records those instances Q where you came home with police? 314th Court
713-222-4910
A Yes. Did you bring those court with you today?
Q I did not. But it's in affidavit, A I believe. All right. Q I pass witness.
MS. MEYERS: Your Honor, D I R E C T E X A M I N A T I O N BY MR. RITTER: Based on the overall circumstances this case,
Q why not a extended forensic with respect to Because she --
A
MS. MEYERS: Objection. Calls for expert -- THE COURT: Your objection's overruled. (By Mr. Ritter) Go ahead and answer? Q Okay. Because she didn't make disclosure in A
forensic. Okay.
Q mean she was --
A At least according affidavit, there were Q two sources that --
zqff A..1 Correct. —— she made statements she was being sexually Q abused; that correct? A Correct. MS. MEYERS: Objection. But she was sexually abused previous case.
A Julia 314th 713-222-4910
13 MR. RITTER: Pass the witness, Judge.
C R O S S E X A M I N A T I O N BY MS. CROW: You suggested that the father was asking come
Q home. Which father was that? -'s father, the alleged perpetrator.
A Was this father, standing next me here, was he Q involved in the house at all at this time? Did you have any
contact with him?
1O A No, he was not. Do you know if he was living same home at
11 Q
12 time?
13 A Yes, he was.
14 Okay. Thank you. Q
15 MS. CROW: Pass witness.
16 THE COURT: Okay. What else?
17 MR. SHELTON: Nothing further.
18 MR. RITTER: Nothing else, Judge.
19 MS. MEYERS: Your Honor? at THE COURT: kind of want to make suié I
:29. understand little bit. It seems —— these two kids were adopted, which they're relatives? Relatives? CASEWORKER: Paternal grandparents. THE COURT: Grandparents. MR. SHELTON: These folks right here. 314th Court
713—222~49lO
14 CASEWORKER: Her paternal grandparents. She's not related to
THE COURT: I'm sorry?
CASEWORKER: She's not related to *. She's her paternal grandparent.
MR. SHELTON: And when you read
affidavit, they mention father, uncle, grandfather. It's a
little hard to know who they're referring to in these
allegations, so that's why I'd like to make sure we get to bottom. Cause one of them, Steven Morgan, though, is an
10 uncle who is ~-
ll SPEAKER: My son.
12 MR. SHELTON: Yeah. His son.
13 THE COURT: Here's what I want know to
14 start with is, why were their parent's rights terminated
15 originally?
16 CASEWORKER: I wasn't original
17 investigator back in 2013. I believe there was some drug
18 use and allegations sexual abuse on biological
19
,2QQ'[ £ather.,' ,m,, ,,,f LL THE COURT: And what his name? CASEWORKER: David ~— it's affidavit. want say David Garza but I'm not really sure. David Hanks. I'm sorry. Here's name here. It THE COURT: Okay. 314th Court
713-222-4910
15 says David Puente. Parental rights of Troy Ready, David
Puente and Michelle LeeAHanks were terminated February 14th,
2012; is that this case?
CASEWORKER: Yes. ” THE COURT: So these little girls had two different fathers. A Troy and David.
CASEWORKER: Correct.
THE COURT: Okay. And are you saying that part of termination had do with sexual assault in
first case?
CASEWORKER: David sexually assaulted Krysta. THE COURT: Was there -- CASEWORKER: I believe.
THE COURT: Was there law enforcement involvement in that case?
CASEWORKER: Yes.
THE COURT: Did the person -- CASEWORKER: From what?
THE COURT: Did he get convicted? ,2D,” CASEWORKER:, From what fédall from the, ; case, he's currently jail. THE COURT: Okay. Well that only one it was alleged that committed sexual assault against one or both girls, this guy David? CASEWORKER: Yes. 314th
713-222-4910
16 THE COURT: Not Troy?
CASEWORKER: Not Troy.
THE COURT: Okay. So new allegations involve Troy.
CASEWORKER: Correct.
THE COURT: Okay. What else do we need to talk about?
MR. RITTER: Status hearing, Judge. THE COURT: I'm sorry? Okay. MS. MEYERS: Your Honor, may call my
1O
11 client? THE COURT: If you want, sure.
12 MS. MEYERS: Thank you. Like call my
13 client.
14 ROSEMARY MARGENAU
15 Having first been duly sworn, testified as
16
17 follows: BY MS. MEYERS:
18 State your name for the record, please.
19 Q
720,17 “A f, Rosemary Margenau, , , And Ms. Margenau, you are adoptive mother of Q and jx; correct? two children Yes, ma'am. A And at one time, did you and CPS reach a Okay. Q safety plan regarding children? 314th
713-222-4910
17 She just said that -- A Did you -— ma'am, did you agree to have Troy leave
Q the home?
A Oh yes.
Q Okay. Due to allegations of sexual abuse; is that correct?
A Yes. And did Troy leave home?
Q A Yes, he did. And he home now?
Q A No. Okay. And did you become aware that the
Q
department wanted to schedule forensic interviews the
girls?
A No. Okay. If -- are you aware that CPS made several
Q
contacts your home regarding CPS —— forensic interview?
A No. Okay. If you had known CPS wanted girls
Q to participate inja forensic interview, Would yon have
1,2011: complied? A Yes, sir. Would you have? Q A Yes, ma'am. Would you have brought them CAC for Q 314th
713-222-4910
18 interview?
A Yes, I would. Okay. And why is that?
Q I've done it before with g. A Okay. What do you mean you've done it before with Q A was assessed at the Children's Assessment Center when she was placed in my care during —— before I
adopted her. And took her for about six weeks on every
Thursday. Okay. Now you also heard testimony that b
Q
was in hospital; correct?
A Yes.
Q' And do you know why she was hospital? Ms. Frazier, Ms. Frazier said that —- she had -- A doctor said she had psychosis. Okay. Now prior to being removed from Q your home, did exhibit behaviors requiring
hospitalization? " "f"”,",, ' NoL' f" ,,,
25 A You also heard some testimony from Mr. Shelton Q regarding ‘being kicked out school, that's correct, correct? A No. Well it's correct your heard testimony? Q ML 314th
713-222*49l0
A Yes. And has been kicked out of schools?
Q A No. Did she exhibit behavior at sqhool and it was
Q recommended to you that she needed to be hospitalized? Pine Forest Elementary recommended
wA be put in a hospital because they said that she wanted to kill
herself. Okay. And so what did you do based upon that
Q
recommendation from the school?
A 1 talked to the school about counseling and everything and told them that would never say
anything like that. And the -- then CPS investigator came
out the very next day and she talked to me and then she went
back Pine Forest to talk to them. And then CPS
investigator said that from her findings that Pine Forest
Elementary did not want her in their.school. And was there ever recommendation that Okay.
Q hospitalized after investigation? ”.A ‘,NoL “The CPS invéétigator’§aia”a5éjwaa doing réalg '2D”:; good and that she didn't need be hospital. Okay. ,.In your experience with ‘I then, what Q kind behavior would you anticipate she would have after being removed from your home?
MR. RITTER: Objection. Calls for 314th 713-222-4910
20 speculation, Judge.
THE COURT: Overruled. (By Ms. Meyers) You can answer. So your Q experience with _, what type of —— based upon
your experience with what kind of behavior
would you anticipate from her if she were -- after
being removed from your home? Would she act out?
A Say that again. Would - be upset after being removed from
Q
10 your home? A Oh yes.
11 Okay. Would you anticipate that she would exhibit
12 Q behave —— certain behaviors?
13 A Yes.
14 What kind behaviors do you think she would
15 Q exhibit? Crying, yelling, wanting to go back home. A Okay. And just to confirm, Troy is not your Q
home; that correct?
A“”Tfifl§TfiETWWW’ Okay. And so are you asking girls be
Q
returned to your home? A Yes, am. And you've heard some testimony that Okay. Q a may need be evaluated. Would you agree have 314th Court
Julia M. 713-222-4910
21 evaluated to see if she does have some mental health issues?
A Yes. In event Judge does not return the girls
Q to your home and he grants State's request to be
temporary managing conservators, are you asking that you be
permitted to visit
A Yes. Are you asking that you be permitted to visit
Q Ilfllll?
A Yes.
MS. MEYERS: Pass witness. C R O S S E X A M N A T I O N BY MR. RITTER: Ma'am, when did the school tell you that
Q had some mental health issues?
A Last year. Okay. Have you taken her doctor since then
Q have her evaluated on your own?
"’” “"201,” '. [7] 7‘N<3I"’ 'Pl’a"C”e’d”l’Te7.‘C'"i "A1 '0?-§{k" FC3I"é’S't"’E’J_’e’ff1€=3I1t'ai'J:‘fy‘ 'SEf'1'1<':i51’"’ ”’ ’ ' " and they said that she was okay. Okay. Q And then -- okay. I'm sorry. A Q ‘ All right. So she has been kicked out three .~ schools; correct? 314th Court
713-222-4910
22 A No. Okay. She's been three separate schools; is
Q that correct? Yes. I took — ——
A out of school and placed her Oak Forest and I called the assistant
superintendent at school for investigation of Pine Forest
Elementary. Okay. And she's being home schooled now?
Q A Well she was. Okay.
Q
MR. RITTER: I pass the witness, Judge. C R O S S E X A M I N A T I O N BY MR. SHELTON: Ma'am, did she also go to Summerwood Elementary
Q School?
A Yes, And why did she leave there?
Q A I took her out that school because they were squeezing her real hard and I don't think that's right. And
__, ,,_,,.,,, W70. . she was -- and there was older boy there and”he knocked her down on floor real, real hard and she said it hurt her real bad. talked teacher about it and they -- assistant principal removed boy from school. What grade is ‘T’ Q A First. 314th
713-222-4910 Where did you get your materials from for her home Q schooling?
A The materials from home schooling? Mercer Homes that was gonna go to. And when's last time has seen her
Q father?
A Since he left home. And his name is Troy, right?
Q A Yes. And he left home when?
Q
A That day Ms. Frazier came. And day was how long ago? Week or two?
Q A Oh no. Long time. You tell me.
Q
A It was May of this year. And he your what?
Q
A Oldest son. Okay. And after his rights were terminated, he
Q
still lived home with his daughter? lemp'O]fa’fil"y".’" '7”V"'' "' ” ’"
A Temporarily since 2012? Q Well his rights were terminated take —- have
A possession child. That was three years ago?
Q A Yes. 314th
713-222-4910 So since then, he's been in your home? Q A No. He didn't come home until latter part of
December. Of what year?
Q
A Of last year. Okay. So you think you want us to do a mental
Q health evaluation on Q, the younger one here, right?
A What did you say? You want us to do a mental health evaluation.
Q Something not right. You'd agree with that, right?
A Yes. mean she's not a normal child who's able to go
Q to school without problems. You'd agree with that, right? Well if they —— if teachers wouldn't squeeze
A her legs or assistant principal wouldn't knock her off cabinet onto floor, or if they wouldn't abuse her in
Summerwood School, but they didn't abuse her at Oak Forest,
they were super nice them. But they still asked her leave?
Q ”" A’ No, they did not. Why did you take her out?
Q No. They said —— I'm sorry. There was a teacher A
there suggested Summerwood School because it was a
smaller classroom and they thought would do better smaller classroom. 314th
713~222—491O *49 And you understand this Steven Morgan, how long Q has he been the home?
A Since he was born. You understand there may be a sexual abuse
Q allegation against him that's been brought up? That's the allegation.
A Do you understand that could be possible? Q A Steven would never do that. Okay. And who grandfather? This man? So
Q
even ——
A Yes. So even though he has adopted children as
Q father, he's still referred as Grandfather?
A Yes. Okay. And you understand there's maybe sexual
Q
abuse allegation against him --
A Yes. -— according papers?
Q i
A Yes. That's what we're trying to”f1nd out.
Q A Yes, understand that, sir. All right.
Q
MR. SHELTON: Pass witness.
THE COURT: Anything else?
MR. RITTER: No, Judge. 314th
713-222-4910
26 THE COURT: No? Okay. 1 MR. SHELTON: Offer these into evidence. Ad
3 Litem's 1.
THE COURT: They're admitted.
MR. SHELTON: And two.
THE COURT: Okay. Status hearing? MR. RITTER: October 1st, Judge. THE COURT: Okay. We'll have forensic interview by time we come back?
‘ CASEWORKER: For
THE COURT: Or both. CASEWORKER: _ has already had one.
THE COURT: She already did?
CASEWORKER: Yes.
THE COURT: All right then. Thahk you. Y'all are excused. _ ,1
H _ ZU
24
25 314th
713-222-4910
27 THE STATE OF TEXAS )
COUNTY OF HARRIS )
I, Julia M. Rangel, Official Court Reporter in and for the 314th District Court of Harris County, State of
Texas, do hereby certify the foregoing contains true
and correct transcription of all portions of evidence and
other proceedings requested in writing by counsel for the
parties to be included in this volume of the Reporter's
Record, in aboye—styled and numbered cause, all which
occurred in open court or in chambers and were reported by
me. further certify that this Reporter's Record of proceedings truly and correctly reflects exhibits,
if any, admitted, tendered an offer of proof or offered
into evidence.
WITNESS MY OFFICIAL HAND this 2nd day of September, 2015.
JULIA M. RANGEL, Texas Expiration Date: 12/31/16 314th Official Court Reporter “ttfiarris’County7’Texas””“”“*“‘"m”' 1200 Congress, 5th Floor Houston, Texas 77002 713-222-4910 314th 713-222-4910
APPENDIX A
3 *53 SUPPLEMENTAL REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES CAUSE NO. 2015-04673J IN THE INTEREST OF IN THE DISTRICT COURT ) ) — ) HARRIS COUNTY, TEXAS
IIIIIlFIIIII1IIII ) )
CHILDREN ) 3l4TH DISTRICT COURT *J<‘k*~k~k~k*~k~k*‘k*’k**~k**‘k*~k**-A-*****~k**'k SHOW CAUSE EXHIBITS ~k~k*~k~k~k~k*>l~k~k~k*******~Jr~k**~k<):**~k~k~A-** On the 25th day August, 2015 following proceedings came on be heard in above—entitled
numbered cause before Honorable John Phillips, Judge
presiding, held Houston, Harris County, Texas.
Proceedings reported by Computerized Stenographic Machine Method. 314th
713-222-4910
A P P E A R A N C E S Mr. Marc Ritter
SBOT: 165951500
ASSISTANT COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002
Te1ephone:_,713-274-5232
Counsel for T.D.F.P.S.
Mr. Patrick Shelton
ATTORNEY AT LAW
SBOT NO. 18208900
3600 Montrose, Suite 104
Houston, Texas 77006
Telephone: 832-216-5909
Counsel for The Children
10 Ms. Alison Meyers
ATTORNEY AT LAW
11 SBOT NO. 24041477
1601 Westheimer Road
12 Houston, Texas 77006
Telephone: 713-859-9271
13 Counsel for Respondent Mother Rosemary Margenau
14 Ms. Juli Crow
ATTORNEY AT LAW
15 SBOT NO. 24000653
P. O. Box 10152
16 Houston, Texas 77206-0152 Telephone: 281-382-1395 .
17 Counsel for Respondent Father George Margenau
18
19
20 314th Court
713-222-4910 N D E X
VOLUME 1 (SHOW CAUSE EXHIBITS) August 25, 2015
Ad Litem's No. Desc. Offrd Admtd Vol.
1 - Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
2 — Photo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Page Vol. Court Reporter's Certificate . . . . ... . . . . . . . . . . . . ... 6 314th
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Ad Litem's No.
Photo 314th
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zolr w,z*73 T *58 Ad Litem's No.
Photo 314th
7l3~222—491O
T-1..
)5 — 22 43'}
“iii? tmnzr
TRIAL CAUSE NO. 2015-O4673J IN THE INTEREST OF IN THE DISTRICT COURT > ) - ) HARRIS COUNTY,
1 ) TEXAS > A CHILD ) 3l4TH DISTRICT COURT
I, Julia M. Rangel, Official Court Reporter in and for the 314th District Court of Harris County, State of
Texas, do hereby certify that the foregoing exhibits
constitute true and complete duplicates of the original
exhibits, excluding physical evidence admitted, tendered in
and offer of proof or offered into evidence during the Show
Cause Hearing above entitled and numbered cause as
set out herein before Honorable John Phillips, Judge of 314th District Court of Harris County, Texas, beginning
August 25th, 2015. further certify total cost for
preparation this Reporter's Record $175.50 and will be
paid by Respondent Mother.
WITNESS MY OFFICIAL HAND this the 3rd day of September, 2015.
/s/ Julia M. Rangel JULIA M. RANGEL, Texas CSR 6412 Expiration Date: 12/31/16 314th Official Court Reporter Harris County, Texas 1200 Congress, 5th Floor Houston, Texas 713-222-4910 314th 713-222-4910