K. F. v. Texas Department of Family and Protective Services

Summary

The Texas Court of Appeals, Third District, granted the parties’ joint motion to remand an appeal arising from a suit affecting the parent-child relationship. The court set aside the trial court’s judgment without regard to the merits and remanded for a new hearing consistent with the parties’ agreement, including application of the clear-and-convincing-evidence standard and appointment of new counsel.

Holdings

1. The court granted the parties' joint motion, set aside the trial court's judgment without regard to the merits, and remanded the case for further proceedings in accordance with the parties' agreement.
2. If the Texas Department of Family and Protective Services continues to pursue a permanent restraining order against K. F., the new hearing on the permanent injunction must be conducted under the clear-and-convincing-evidence standard required by Stary v. Ethridge.
3. On remand, K. F.'s appointed counsel shall be discharged and the trial court shall appoint new counsel for K. F. for the new hearing pursuant to Texas Family Code section 107.013.

Questions Presented

1. Whether the court should grant the parties' agreed motion requesting remand for a new trial.
2. Whether the trial court's judgment should be set aside without regard to the merits and the case remanded for proceedings consistent with the parties' agreement.

Disposition

vacated