Appendix J

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 TO DISMISS OR ALTERNATIVE MOTION FOR IMMEDIATE RETURN OR PLACEMENT

This Motion is brought by JANE DOE, Mother ("Movant"), and in support thereof would respectfully show the Court the following:

I.

FAILURE TO MEET BURDEN OF PROOF

DFPS has failed to meet its burden of proof as required by §262.201 of the Texas Family Code and the case decision requirements of. In re Steed, 03-08-00235-CV, 2008 WL 2132014 (Tex.App.-Austin May 22, 2008, orig.proceeding)(memo.op.) (No. 03-08-00235-CV), mandamus denied, In re DFPS, 255 S.W. 3rd 613 613 (Tex.2008). Gates v. Texas Dep't of Protective and Regulatory Servs., 537 F.3d. 404 (5th Cir. 2008). In this regard, Movant would show that DFPS failed to provide evidence of the following:

  1. The existence of an immediate danger to the physical safety of the child;
  2. An act or failure of the Movant that endangered the physical health or safety of the child;
  3. For the child to remain in the home is contrary to the welfare of the child;
  4. Reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child's removal from the home;
  5. Reasonable efforts have been made to enable the child to return home;
  6. A substantial risk of a continuing danger exists if the child is returned home;
  7. Other temporary orders, short of removal of the child from the child's home, would not be satisfactory; or
  8. Placement of the child with the custodial parent, non-custodial parent, or a relative is not in the best interest of the child.

In the absence of such proof, the law requires that the case be dismissed. In the alternative, Movant would show that the law requires immediate return and or placement of the child.

II.

RELIEF SOUGHT

WHEREFORE, PREMISES CONSIDERED, Movant prays that this case be dismissed. Alternatively, Movant prays that the Court order immediate return of the child or placement of the child in one of the placements designated by Movant.

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:

______________, Attorney for DFPS

______________, Attorney Ad Litem for the Child

______________, Guardian Ad Litem for the Child

on this the ____ day of _____________, 2014

___________________________________

Attorney