In re Interest of L.S.
In re Interest of L.S.
Opinion of the Court
After L.S., S.V., and C.W. were removed from the care of their mother (Mother), the Texas Department of Family and Protective Services (the Department) filed in the 71st Judicial District Court of Harrison County, Texas, (1) a petition seeking protection of the children under Chapter 262 of the Texas Family Code, and (2) a petition seeking termination of Mother's parental rights to the three children. The Department also sought to terminate the parent-child relationship between the children and their respective fathers. Billy,
In March 2010, the 307th Judicial District Court of Gregg County, Texas (the Gregg court), entered a final order in a suit affecting the parent-child relationship between Billy and L.S. Among other things, the Gregg court's order determined that Billy was L.S.'s father, appointed Billy as a joint managing conservator of the child, established a schedule for possession *738and access to L.S., and ordered Billy to pay child support to Mother.
At that point, the Gregg court "acquire[d] continuing, exclusive jurisdiction over the matters ... in connection with [L.S.] on the rendition of [the] final order." TEX. FAM. CODE ANN . § 155.001(a) (West Supp. 2017). Section 155.001 confers jurisdiction "over the parties and subject matter of a suit affecting the parent-child relationship." In re G.A.J. , No. 01-12-00256-CV,
Under Chapter 262, the Department may, under certain circumstances, take emergency possession of children without prior notice and a hearing. See TEX. FAM. CODE ANN . § 262.001 (West 2014). Even though one court may have continuing, exclusive jurisdiction under Chapter 155, a suit brought by a governmental entity requesting an order under Chapter 262 "may be filed in a court with jurisdiction to hear the suit in the county in which the child is found." TEX. FAM. CODE ANN . § 262.002 (West 2014). Chapter 262 authorizes a trial court to enter emergency orders and other temporary orders. TEX. FAM. CODE ANN . §§ 262.102 -.103 (West Supp. 2017).
On March 16, 2016, the Department filed a petition seeking protection of L.S., S.V., and C.W. under Chapter 262 of the Texas Family Code, along with a petition seeking termination of the parent-child relationship, in the 71st Judicial District Court of Harrison County, Texas (the Harrison court). With respect to L.S., the Department's petition stated, "Continuing jurisdiction over the children has been established in another Court, and a timely transfer will be sought."
On March 16, 2016, the Harrison court signed an emergency order for protection of the children and set March 23, 2016, as the date of the full adversary hearing. Following that hearing, the Harrison court entered temporary orders appointing the Department as temporary managing conservators for the children. Subsequently, the Harrison court also set a final trial date on the Department's petition to terminate Billy's parental rights to L.S.
However, nothing in Chapter 262 authorizes the entry of a final order in a suit affecting the parent-child relationship. See TEX. FAM. CODE ANN . § 262.201(h) (West Supp. 2017) (stating that the result of a full adversary hearing under Chapter 262 is "an appropriate temporary order under Chapter 105"). "[O]nce the Chapter 262 court issues a temporary order after a full adversary hearing, then the Department 'shall request identification of a court of continuing, exclusive jurisdiction as provided by Chapter 155.' " In re D.W. ,
"Thus, as to emergency and temporary orders, the Chapter 262 court shares jurisdiction with the Chapter 155 court of continuing, exclusive jurisdiction, but not as to final orders."
"However, Chapter 262 creates a limited exception to the rule that the court of continuing, exclusive jurisdiction decides all transfer motions."
During the course of the final hearing, the Harrison court was made aware that the Gregg court had previously entered final orders in a suit affecting the parent-child relationship between Billy and L.S. On request, the Harrison court took judicial notice of the Gregg court's file in cause number 2010-114-DR. See TEX. R. EVID . 201(b)(2). In response to Billy's appeal, the Department appropriately asked this Court to determine whether the Harrison court had jurisdiction to enter the order terminating Billy's parental rights.
Because our appellate record did not originally contain (1) the Gregg court orders referenced during the final hearing, (2) any order transferring jurisdiction to the Chapter 262 court, or (3) any information from which we could determine that grounds existed for a mandatory transfer, we previously abated this appeal for a limited evidentiary hearing. At the hearing, the Gregg court's final order was introduced as an exhibit, as well as another order entered by the Gregg court on October 30, 2013, which modified its prior support order after finding a material and substantial change in the parties' circumstances. A determination by the Texas Department of State Health Services that the Gregg court had continuing, exclusive jurisdiction was also admitted into evidence.
"[T]he continuing, exclusive jurisdiction statutory scheme is 'truly jurisdictional'-that is, when one court has continuing and exclusive jurisdiction over a matter, any order or judgment issued by another court pertaining to the same matter is void." In re C.G. ,
We use a pseudonym to protect the minor's identity. See Tex. R. App. P. 9.8(b)(2).
We note that a "court of this state loses its continuing, exclusive jurisdiction ... if ... another court assumed jurisdiction over a suit and rendered a final order based on incorrect information received from the vital statistics unit that there was no court of continuing, exclusive jurisdiction." Tex. Fam. Code Ann . § 155.004(a)(3) (West Supp. 2017). This was not such a case. First, the Department's petition, as well as testimony at the final hearing, indicated that another court had continuing, exclusive jurisdiction over a suit affecting the parent-child relationship between Billy and L.S. At the hearing following our abatement, the Child Protective Services caseworker testified that the Department never received any letter from the vital statistics unit with respect to L.S.
The Harrison court specifically concluded that "there is not a six[-]month period of time that [L.S.] had resided in Harrison County at the time that the petition was filed for the removal of the child from the family."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.