Appendix I

CAUSE NO. __________

IN THE INTEREST OF

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IN THE DISTRICT COURT OF

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JOHN DOE § HARRIS COUNTY, TEXAS

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A CHILD(REN)

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____TH JUDICIAL DISTRICT

MOTION FOR CONTINUANCE OF ADVERSARY HEARING

COMES NOW, JANE DOE Respondent ("Respondent") and files this his/her Motion for Continuance of Adversary Hearing and as grounds therefore would respectfully show the Court the following:

I.

FACTS

On February 2, 2010, DFPS removed JOHN DOE, a child, from the home of Respondent alleging abuse and neglect. On February 15, the parties are to appear for an Adversary Hearing. Prior to the commencement of the hearing, Respondent's counsel ascertained that DFPS has failed to comply with §262.114 of the Texas Family Code in at least the following respects:

  1. Failed to provide Respondent with the Proposed Parent Resources Form;
  2. Failed to perform a background and criminal history check of the relative or other designated caregiver as provided by the parent;
  3. Failed to evaluate the persons designated on the form;
  4. Failed to perform a home study on the most appropriate caregiver designated by the parent; and
  5. Has failed to file with the Court the Proposed Child Placement Resources Form, the completed home study reports; and the name of the relative or other designated caregiver; or
  6. Has failed to file with the Court a written statement that explains the reasons why DFPS has not placed the child with a relative or other designated caregiver listed on the Proposed Child Placement Resources Form; and the actions DFPS is taking, if any, to place the child with a relative or other designated caregiver.

II.

RELIEF SOUGHT

Respondent requests a continuance in order to adequately prepare for the Adversary Hearing and in order for the Court to have sufficient information to comply with §262.201(e). Respondent requests the Court to Order DFPS to comply with §262.114 by a date and time certain.

Respondent prays for general relief.

Respectfully submitted,

__________________________________________

ATTORNEY
State Bar No. ____________
Address
Telephone No.
Fax No.
ATTORNEY FOR RESPONDENT

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Motion for Continuance of Adversary Hearing was forwarded to:

on this the ____ day of _____________, 2014__.

___________________________________

Attorney