Appendix C

CAUSE NO. _______________

IN THE INTEREST OF:

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IN THE DISTRICT COURT OF

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§ HARRIS COUNTY, TEXAS

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A CHILD

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_______ JUDICIAL DISTRICT

SPECIAL EXCEPTIONS

________________, Respondent, excepts and objects to the following portion of Paragraphs 14.1 through 14.18 of the Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship:

  1. Respondent specially excepts and objects to the allegation set forth in Paragraph 14 on Page 8 of the Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship ("Amended Petition") because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to how termination of the parent-child relationship between ________________ and ________________, ________________ and ________________, under Chapter 161, Texas Family Code, is in the child's best interest. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the statutory grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  2. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.1 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to whom the child was left with and the exact expressions of intent not to return stated by Respondent, to whom they were said, and when they were said. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the statutory grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken. Respondent requests attorneys fees and general relief.
  3. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.2 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to: with whom the child was allegedly left; the exact expressions of intent not to return stated by Respondent, to whom they were said, and when they were said; how Respondent did not provide adequate support; and for what time period did Respondent remain away for a period of at least three months. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the statutory grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and if Petitioner fails to do so that its pleadings be stricken. Respondent requests attorneys fees and general relief.
  4. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.3 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to with whom the child was allegedly left, what support was requested or provided, and for what time period Respondent remained away for a period of at least six months. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken. Respondent requests attorneys fees and general relief.
  5. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.4 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent knowingly placing and knowingly allowing the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  6. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.5 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent engaging in conduct or knowingly placing the child with persons who engaged in conduct which endangered the child. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  7. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.6 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to the mother's failure to support the child within the mother's ability during a period of one year ending within six months of the filing of the Amended Petition. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  8. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.7 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to the alleged abandonment of the child without identifying the child or furnishing means of identification. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  9. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.8 on Page 8 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to the alleged contumaciously refusal to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261 of the Texas Family Code. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  10. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.9 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to how Respondent has been the major cause of (1) failure of the child to be enrolled in school as required by Education Code; or (2) the child's absence from the child's home without consent of the parents or guardian for a substantial length of time or without the intent to return. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  11. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.10 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent's execution of an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by Chapter 161,Texas Family Code. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  12. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.11 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of Penal Code or adjudication under Title 3 for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following Penal Code sections: (I) Section § 19.02 (murder); (ii) Section § 19.03 (capital murder); (iii) Section § 21.14 (indecency with a child); (iv) Section 22.01 (assault); (v) Section 22.014 (sexual assault); (vi) Section 22.02 (aggravated assault); (vii) Section 22.021 (aggravated sexual assault); (viii) Section 22.04 (injury to a child, elderly individual or disabled individual); (ix) Section 22.041 (Abandoning or endangering child); (x) Section 25.02 (prohibited sexual conduct); (xi) Section 43.25 (sexual performance by a child); and (xii) Section 43.26 (possession of promotion of child pornography). In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  13. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.12 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having had her parent-child relationship terminated with respect to another child based on a finding that the mother's conduct was in violation of §161.001(1)(D) or (E), Texas Family Code or substantially equivalent provisions of the law of another state, pursuant to §161.001(1)(M) of Texas Family Code. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  14. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.13 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services or an authorized agency for not less than six months and: (1) the department or authorized agency has made reasonable effort to return the child to the mother; (2) the mother has not regularly visited or maintained significant contact with the child; and (3) the mother has demonstrated an inability to provide the child with a safe environment. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the, specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken. Respondent requests attorneys fees and general relief.
  15. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.14 on Page 9 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having failed to comply with the provisions of a court order that specifically established the actions necessary for the mother to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Protective and Regulatory Services for not less than nine months as a result of the child's removal from the parent under Chapter 262 for the abuse or neglect of the child. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  16. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.15 on Page 10 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child, and (1) failed to complete a court-ordered substance abuse treatment program; or (2) after completion of a court-ordered substance abuse treatment program continued to abuse a controlled substance. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  17. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.16 on Page 10 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having knowingly engaged in criminal conduct that has resulted in the mother's conviction of an offense and confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  18. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.17 on Page 10 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by § 216.001(7) of the Texas Family Code, pursuant to § 161.001(1)(R) of the Texas Family. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.
  19. Respondent specially excepts and objects to the allegation set forth in Paragraph 14.18 on Page 10 of the Original Petition because the same is vague, indefinite and uncertain in that it fails to apprise Respondent of sufficient facts as to Respondent having voluntarily delivered the child to a designated emergency infant care provider under §262.302, Texas Family Code, without expressing intent to return for the child. In the absence of such facts, Respondent is unable to ascertain sufficient facts to adequately defend against the allegation. Accordingly, Respondent requests the Court to order Petitioner to re-plead with the specific facts which support the allegations in this case. In this regard, Respondent would show that Petitioner has systematically alleged all of the grounds for termination regardless of whether or not Petitioner has any factual evidence to support the allegation. Respondent requests that the Court order Petitioner to re-plead and, if Petitioner fails to do so, that Petitioner's pleadings be stricken.

________________, requests that the Court enter an order striking that portion of TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES' pleadings and ordering TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES to re-plead its Amended Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship within a reasonable time in conformity with the Court's ruling. ________________, requests general relief.

Respectfully submitted,

WILLIAM B. CONNOLLY & ASSOCIATES

__________________________________

William B. Connolly
2211 Norfolk Street, Suite 737
Houston, Texas 77098
Telephone (713) 520-5757
Facsimile (713) 520-6644
State Bar No. 04702400
ATTORNEY FOR ________________

NOTICE OF HEARING

A hearing on the foregoing has been set on the ____ day of _____________________, 2014, at _____ o'clock __.m., in the_____ Judicial District Court, Harris County, Texas.

William B. Connolly

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Special Exceptions was forwarded to:

on this the ____ day of_________.

William B. Connolly