Exhibit G

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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CHILD

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_______ JUDICIAL DISTRICT

MOTION FOR SUMMARY JUDGMENT

COMES NOW, __________________, Respondent, and files this his Motion for Summary Judgment and in support thereof would respectfully show the court the following:

MOTION AND GROUNDS

  1. On June 22, 2012, shortly after being appointed to represent the Father, __________________, the undersigned counsel served discovery including Request for Admissions on Texas Department of Family and Protective Services ("DFPS") (Exhibit "A").
  2. On or about July 24, 2012, DFPS responded to the Request for Admissions
  3. propounded by Respondent and admitted that it had no evidence to support termination of the Father's Parental Rights on any of the eighteen (18) enumerated grounds alleged in the most recent Petition (Exhibit "B").
  4. On or about July 24, 2012, DFPS responded to Respondent's First Set of Written
  5. Interrogatories and admitted that DFPS believed it was in the best interest of the child to be placed with his Father.
  6. Pursuant to Tex. R. Civ. P. §166a(b) Respondent, __________________ moves this Court to grant a Summary Judgment in favor of __________________ on the issue of termination of the Parent-Child Relationship.
  7. Pursuant to Tex. R . Civ. P. §166a(i), Respondent, __________________ moves this Court to grant both a Summary Judgment on the issue of termination of the Parent-Child Relationship and a no evidence Summary Judgment on the issue of termination, conservatorship and best interest. Petitioner has repeatedly told the Court that the plan was for reunification with the Father and that they were not pursuing termination. By DFPS's own admission, there is no evidence to overcome the parental presumption under §153.131 of the Texas Family Code.
  8. If Summary Judgment is not rendered upon the whole case or for all the relief requested and a trial is necessary, Respondent, __________________ requests the Court to what material fact issues exist and make an Order specifying that facts are established as a matter of law and directing such further proceedings in the action which are just. Tex. R. Civ. P. §166a(e).

WHEREFORE PREMISES CONSIDERED, Respondent, __________________ requests that this Court grant his Motion for Summary Judgment and for such other and further relief as is just and right. Respondent prays for general relief.

Respectfully submitted,

CONNOLLY & SHIREMAN, LLP

__________________________________________

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

ATTORNEY FOR __________________

NOTICE OF HEARING

A hearing on the foregoing motion has been set on the 14 th day of August, 2014, at 9:00 o'clock a.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 Motion for Summary Judgment was forwarded to:

on this the day of _____, _________.

William B. Connolly

CAUSE NO.

IN THE INTEREST OF

§

IN THE DISTRICT COURT OF

§

§ HARRIS COUNTY, TEXAS

§

CHILD

§

_____ JUDICIAL DISTRICT

MOTION FOR PARTIAL SUMMARY JUDGMENT

ON THE GROUND OF NO EVIDENCE

Respondent and Movant, brings this Motion for Summary Judgment on the Ground of No Evidence pursuant to Tex. R. Civ. P. 166a(i) and in support thereof would show the following:

1. Adequate Time for Discovery

Movant filed her Answer in this action on . Adequate time for discovery has passed. The time for discovery was adequate because Petitioner, DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES ("DFPS"), has provided Movant with responses to all discovery requests.

2. No Evidence on Section 161.001(1)(D)

DFPS has asserted the following claim upon which DFPS would have the burden of proof at trial: that knowingly placed or knowingly allowed the child the subject of this suit to remain in conditions or surroundings which endanger the physical health or emotional well-being of the child. That the child has been in conditions or surroundings which endanger the child's physical health or emotional well-being is an essential factual element of this claim.

There is no evidence that the child has ever been in conditions or surroundings which endanger the child's physical health or emotional well-being. Specifically, the child had never left the hospital in which she was born prior to being taken into DFPS custody.

3. No Evidence on Section 161.001(1)(E)

DFPS has asserted the following claim upon which DFPS would have the burden of proof at trial: that engaged in conduct or knowingly placed the child the subject of this suit with persons who engaged in conduct which endangers the physical or emotional well-being of the child. That the child was exposed to more than a threat of metaphysical injury by either ________________ or another person with whom knowingly placed the child is an essential factual element of this claim. See Texas Dep't of Human Serv. v. Boyd, 727 S.W.2d 531, 533 (Tex. 1987).

There is no evidence that ______________ has ever engaged in any conduct which exposed the child to loss or injury, or that _____________ has ever knowingly placed the child with another person who engaged in such behavior. Specifically, ________________ has never been able to place the child with anyone, since the child was removed shortly after her birth before the child had ever left the hospital.

4. Request for Summary Judgment

Movant requests that the Court enter judgment in her favor and against DFPS on the following grounds for termination of the parent-child relationship:

(a) That ________________________ knowingly placed or knowingly allowed the child the subject of this suit to remain in conditions or surroundings which endanger the physical health or emotional well-being of the child (Tex. Fam. Code § 161.001(1)(D)); and

(b) that _________________________ engaged in conduct or knowingly placed the child the subject of this suit with persons who engaged in conduct which endangers the physical or emotional well-being of the child (Tex. Fam. Code § 161.001(1)(E)).

Movant request the Court enter judgment in her favor unless DFPS in response to this Motion produces summary judgment evidence that the child the subject of this suit has been in conditions or surroundings which endangered the child's physical health or emotional well-being (Tex. Fam. Code § 161.001(1)(D)).

Movant request the Court enter judgment in her favor unless DFPS in response to this Motion produces summary judgment evidence that the child the subject of this suit was exposed to more than a threat of metaphysical injury by either ________________________ or another person with whom knowingly placed the child (Tex. Fam. Code § 161.001(1)(E)).

5. Basis for Motion

This Motion is based upon the pleadings, DFPS' answers to Interrogatories, DFPS' response to Request for Production, and DFPS' Response to Request for Disclosure.

WHEREFORE, PREMISES CONSIDERED, Movant prays this Court grant her Motion for Partial Summary Judgment as pled for above.

Movant prays for general relief.

Respectfully submitted,

CONNOLLY & SHIREMAN, LLP

__________________________________________

William B. Connolly
State Bar No. 04702400
W. Leslie Shireman
State Bar No. 24047791
2211 Norfolk Street, Suite 737
Houston, Texas 77098
Telephone (713) 520-5757
Facsimile (713) 520-6644
ATTORNEY FOR MOVANT

NOTICE OF HEARING

A hearing on the foregoing has been set on the ____ day of _____________________, 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 Motion for Partial Summary Judgment on the Ground of No Evidence was forwarded to:

, Attorney for Petitioner, DFPS, 2211 Norfolk Street, Suite 737, Houston, TX 77098 - via facsimile ;

, Attorney Ad Litem for the Child, , Houston, Texas 77002 - via facsimile ; and,

, Alleged Father of Child, , Houston, Texas 77051 - via CMRRR

on this the ____ day of .

______________________

William B. Connolly