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Photo of Fort Bend County

Court

Fort Bend County

Texas

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Case Information

Filed 2024-07-18
Status Disposed
Type Childrens Protective Services
Docket 145 entries

Parties

Plaintiff Malin, Ashley|Mc Nallen, Phillip|The Department Of Family And Protective Services
Defendant Al Amin, Taniya|The Department Of Family And Protective Services
Photo of Hon. Morgan Kali

Judge

Hon. Morgan Kali

Fort Bend County (TX)

Texas

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Lawyers

Docket Entries

  1. Order Approving Payment Index # 140 Appointee's Fee Compensation Claim Form
  2. Order Index # 2 Order for Protection of A Child In An Emergency and Notice of Court Proceeding
  3. Request Index # 3 Request for Process
  4. Issuance Index # 4 Citation Issued to Ashley Malin
  5. Citation E-Service Malin, Ashley Served 07/26/2024 Returned 07/29/2024
  6. Issuance Index # 5 Citation Issued to Phillip Mcnallen
  7. Citation E-Service McNallen, Phillip Served 07/26/2024 Returned 07/29/2024
  8. No Fee Documents Index # 6 Indian Child Welfare Act Questionnaire
  9. No Fee Documents Index # 7 Caregiver Resource Form
  10. Answer/Contest/Response/Waiver Index # 8 Attorney Ad Litem's Original Answer to Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship
  11. Answer/Contest/Response/Waiver Index # 9 Respondent's Original Answer to Original Petition For Protection of a Child, For Conservatorship and for Termination In Suit Affecting the Parent-Child Relationship
  12. Motion (No Fee) Index # 10 Motion to Extend Emergency Orders
  13. Order Index # 11 Order Extending Emergency Order Pursuant to Texas Family Code 262.103
  14. Answer/Contest/Response/Waiver Index # 12 Objection to Motion to Extend Emergency Orders
  15. Amended Filing Index # 13 Amended Motion to Extend Emergency Orders Pursuant to Texas Family Code 262.103
  16. Order Index # 14 Amended Order Extended Emergency Order
  17. Officers Return Index # 15 Citation Return for Ashley Malin. Issued on 07/18/24
  18. Officers Return Index # 16 Citation Return for Phillip McNallen. Issued on 07/18/24
  19. Affidavit/Statement of Inability to Afford Costs Index # 17 Affidavit of Indigence
  20. Notice Index # 18 Notice of Appearance as Pro Se
  21. Motion (No Fee) Index # 19 Motion to Contest Amended Motion to Extend Emergency Orders Pursuant to Texas Family Code 262.103
  22. No Fee Documents Index # 20 Finanancial Information Questionnaire
  23. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 21 Index 11 Sent to Parties
  24. Affidavit/Statement of Inability to Afford Costs Index # 22 Affidavit of Indigence
  25. Order Approving Payment Index # 30 Appointee's Fee Compensation Claim Form
  26. Motion (No Fee) Index # 23 Motion for Immediate Return of Child and Reunification of Family
  27. Notice Index # 24 Notice of Witness List And Summary of Line of Questioning
  28. No Fee Documents Index # 25 Attorney Ad Litem's TFC 107.004 D1 Statement
  29. Judge Docket Entry Adversary - ACA Al-Amin, CW Rashada, Mo Pres, Atty Duff, Fa Pres Pro Se, AAL Gaskill, CASA Russ/Curtis/Johnson, Witness Orozco, Caregiver MGM Referral - domestic violence; Father is AP - Mo called Le to report that FA pushed her out of a moving vehicle, and child was in the back seat of the vehicle. Once Mo was out of the vehicle, Fa continued on with the child. - There are multiple DFPS referrals and a recent past FBSS case for domestic violence - the family did not work any services in the past FBSS case and Fa never participated
  30. No Fee Documents Index # 26 DNA Testing Appointment for Phillip McNallen
  31. Order Approving Payment Index # 32 Appointee's Fee Compensation Claim Form
  32. Judge Docket Entry Adversary Cont'd - ACA Al-Amin, CW Rashada, Mo PRes, Atty Duff, Fa Pres (Pro Se), AAL GAskill, CASA Curtis/Johnson/Rusk CW Cont'd - Concern for immediate danger was ongoing domestic violence starting July 2023, the level of non-cooperation of the family, and child's vulnerable age and presence during the dmv incidents Mo - denies any domestic violence or verbal altercations - claims responsibility for a vast majority of the issues citing anxiety - she is diagnosed with generalized anxiety disorder and depression Fa - denies any domestic violence and attributes the police calls as a manifestation of Mother's anxiety - makes approximately $200K/year
  33. Motion (No Fee) Index # 27 Motion to Contest Respondent's Affidavit of Indigence and Motion to Vacate Order Appointing Attorney
  34. Exhibit Exhibit List for 08.20.24
  35. Motion (No Fee) Index # 28 Motion to Reconsider Removal of Child Without Oral Hearing
  36. Request Index # 29 Request for Expedited Consideration
  37. Motion (No Fee) Index # 31 Motion to Strike Affidavit in Support of Removal
  38. Proposed Order Index # 33 Temporary Orders Following Adversary Hearing
  39. Temporary Order Index # 34 Temporary Orders Following Adversary Hearing
  40. Notice Index # 35 Notice of Hearing
  41. No Fee Documents Index # 36 Status Report to the Court
  42. Notice Index # 37 Notice of Remote Court Proceeding
  43. Amended Filing Index # 38 Notice of Hearing
  44. Judge Docket Entry File reviewed. Case should be reassigned to the 505th per local rules as there is a previous filing re: these parties in 23-DCV-310019 which is in the 505th and was nonsuited. JH
  45. Notice Index # 39 Notice of Filing of Writ of Habeas Corpus
  46. Motion (No Fee) Index # 41 Motion to Recuse
  47. Notice Index # 42 Statement of Proceedings
  48. Judge Docket Entry Motions: Motion Contesting Indigency - Granted - Mo retained Elizabeth Duff Motion for Reconsideration - Denied Motion to Strike Affidavit - Denied SH - 09/11/24 at 1:30pm
  49. Order Index # 40 Appointment of Guardian Ad Litem
  50. Motion (No Fee) Index # 44 Motion for Withdrawal of Counsel
  51. Notice Index # 45 Notice of Hearing
  52. No Fee Documents Index # 46 Status Hearing- CASA Report
  53. No Fee Documents Index # 47 Family Plan of Service
  54. No Fee Documents Index # 48 Visitation Plan
  55. Proposed Order Index # 49 Order on Motion for Withdrawal of Counsel
  56. No Fee Documents Index # 50 Attorney Ad Litem's TFC 107.004 D1 Statement
  57. Order Index # 43 Order Discharging Attorney Ad Litem for Respondent Mother
  58. Judge Docket Entry SH - ACA Al-Amin, CW Alleyne, Mo Pres, Atty Duff, Fa Pres, AAL Gaskill, CASA Russe/Curtiss/Johnson, FBBH A. Anderson, MGM, PGPs, Mo's Psychaitrist Child is staying with PGPs at this time while MGM is recovering from surgery - he is not currently in daycare - ECI eval requested FPOS (MO) - CW reviewed FPOS with Mo - ROI for records - psychiatric assessment - psychological assessment - parent counseling/coaching - couples counseling - Mo is electing to use her own service provider - Mo has attended 3 parent coaching sessions at this point - Mo visits the child at the grandparents' home; visits are appropriate FPOS (FA) - CW reviewed plan with Fa - ROI for records from service providers - psychological and follow recs (scheduled for later this month) - he did not attend in person parent coaching session; Fa came late to virtual sessions due to work schedule - parent coaching sessions - couples counseling and follow recs - BIPP Mo's Psychaitrist - Kindwood Psychaitry -sees mother monthly - mother is diagnosed with generalized anxiety and ADHD - Busperone 10mg/day CASA concerned that parents are visiting together and that CASA/DFPS are not being informed of visits FPOS ordered and approved Services are reasonably tailored - BIPP; domestic violence assessment through MYS and follow recs - DFPS shall provide MYS with affidavit, LE call outs and any other relevant docs 24 hour notification of - ROI for service/medical providers - Psychological assessments and follow recs - Couples counseling and follow recs - indv counseling and follow recs - couples counseling and follow recs - parent coaching - parents may visit together supervised, no overnights, 24 hour notice to DFPS/CASA/AAL 1PH - 01/08/25 at 1130am
  59. Order Approving Payment Index # 57 Appointee's Fee Compensation Claim Form
  60. Motion (No Fee) Index # 51 Motion for Immediate Return of Child and Modification of Services
  61. Notice Index # 53 Notice of Filing Motion for Stay of Temporary Order
  62. Notice Index # 54 Notice of Filing - Petition for Writ of Mandamus
  63. Notice Index # 55 Notice of Hearing
  64. Notice Index # 56 Notification of Duty to Respond to Motion to Recuse
  65. Motion (No Fee) Index # 58 Motion to Consolidate
  66. Order Index # 52 Status Hearing Order
  67. Answer/Contest/Response/Waiver Index # 59 Response in Opposition of Motion to Consolidate
  68. Judge Docket Entry Motion for Return of Child - ACA Al-Amin, Supv Fisher, Mo Prs, Fa Prs, AAL Gaskill, CASA Curtiss, MGM, PGM Mo offered Mother1 & Mother2 - lack of authentication, hearsay Mo may visit unsupervised up to 2 hours - start time and return time needs to be conveyed to DFPS - During any unsupervised periods, Mo shall visit independently and remain in the Bryan/College Station area - Mo may stay overnight at placement's if placement allowed Parents shall complete psychological eval, psychiatric eval, participate in indv counseling, and couples' counseling for consideration of return home - Parents shall meet with CASA/DFPS and AAL for home evaluation prior to returning on motion Recessed to 11/13/24 at 930am IN PERSON
  69. Notice Index # 60 Notice of Hearing
  70. Judge Docket Entry Motion for Return of Child - ACA Al-Amin, Supv Fisher, Mo Prs, Fa Prs, AAL Gaskill, CASA Curtiss, MGM, PGM Mo offered Mother1 & Mother2 - lack of authentication, hearsay Mo may visit unsupervised... 10/2 Recessed to 11/13/24 at 930am IN PERSON (Judge's note) Ashley Malin's Motion for return home
  71. Order Approving Payment Index # 69 Appointee's Fee Compensation Claim Form
  72. Notice Index # 62 Notice of Hearing
  73. Request Index # 63 Request for De Novo Hearing
  74. Copy of Order/Judgment Sent - Rule 21 (f) (10) Index # 64 Index #52 Sent to All Parties
  75. Notice Index # 65 Notice of Hearing
  76. Answer/Contest/Response/Waiver Index # 67 Petitioner's Objection and Response to Respondent Mother's Request for A De Novo Hearing
  77. Judge Docket Entry Motion to Consolidate - ACA Al-Amin, AAL Gaskill, CASA Curtiss, MGM CW excused Parents did not appear. Mr. McNallen contacted the Court and stated he is not in opposition. No party appeared in opposition to motion Motion granted
  78. Notice Index # 70 Notification of Travel
  79. Motion (No Fee) Index # 71 Motion to Restrict Travel Out of State for Child
  80. Motion (No Fee) Index # 72 Joint Emergency Motion to Cease Unsupervised Visits and Modify Visitation Plan
  81. Proposed Order Index # 73 Order on Emergency Motion to Cease Unsupervised Visits and Modify Visitation Plan
  82. Notice Index # 74 Notice of Entry
  83. Proposed Order Index # 76 Order Denying Recusal
  84. Proposed Order Index # 77 Order Establishing Paternity
  85. No Fee Documents Index # 75 Exhibit List for Motion for De Nova Hearing for Immediate Return of Child and Modification of Services
  86. M/Hearing (9:30 AM) (Judicial Officer Morgan, Kali) Motion for De Novo
  87. No Fee Documents Index # 79 Notice of Business Record Affidavit
  88. No Fee Documents Index # 80 Business Records Affidavit Affidavit Affidavit in Terms of Rule 902 -Records 1
  89. No Fee Documents Index # 81 Business Records Affidavit Affidavit Affidavit in Terms of Rule 902
  90. Judge Docket Entry Motion Continuation - ACA Al-Amin, CW Alleyne (Zoom), Mo Pres (Pro-Se), Fa NPRS, AAL Gaskill, CASA Curtiss/Rusk/Johnson, Placement PGPS - Juricas(Zoom), MGM Ceal (Zoom) Mother offered RM1-9 (labeled as P1-P9) RM 1-3 - not admitted; objection sustained RM 4-6 - admitted over objection RM 7 - not admitted, objection sustained RM 8 - admitted over objection RM 10 - not admitted, objection sustatined PGM - no concerns about physical safety of child CASA Curtiss- made a home visit on 10/22; Fa was present for part of the visit - Home was very cluttered - Fa confirmed he has no plans to do any services because his civil rights are being violated In recess to 11/20/24 at 930am for continuation of motion, motion for child support, temporary orders, and removal of the AP JRR
  91. Order Index # 95 Order Establishing Parent-Child Relationship as to Minor Child
  92. Motion (No Fee) Index # 82 Motion for Immediate Return of Child and Modification of Services
  93. Jury Demand Index # 85 Demand for Jury Trial
  94. No Fee Documents Index # 86 Letter Brief to the Justices
  95. Motion (No Fee) Index # 87 Notice of Filling Petition for Writ of Habeas Corpus
  96. Judge Docket Entry Mo's Mtn for TO - ACA McDaniel, CW Alleyne, Mo Pres, Fa Pres, AAL Gaskill, CASA Curtis/Russe/Johnson Mo's Motion Granted - Fa additionally ordered to maintain American Express Card for Mo's use - Fa shall reside and work outside of the home until further court order - Parents permitted to attend same Thanksgiving event, but not ride in the same vehicle unsupervised with the child - Mo shall not be unsupervised with child and father at the same time - Fa's visits shall be supervised by either set of grandparents as mutually agreed or DFPS; scheduled visits shall be communicated to CASA, DFPS and AAL by 5pm 48 hours prior to visit - Fa has until 11/25/24 to temporarily relocate - Parents shall continue in couples counseling - Fa shall begin individual counseling immediately 1PH - 01/08/25 at 1130am
  97. Temporary Order Index # 89 Temporary Order
  98. Order Approving Payment Index # 104 Appointee's Fee Compensation Claim Form
  99. Order Approving Payment Index # 127 Appointee's Fee Compensation Claim Form
  100. Order Approving Payment Index # 68 Appointee's Fee Compensation Claim Form
  101. Order Approving Payment Index # 78 Appointee's Fees Compensation Claim Form
  102. Motion (No Fee) Index # 90 Joint Emergency Motion to Modify Temporary Orders
  103. Answer/Contest/Response/Waiver Index # 91 Objection to Joint Emergency Motion to Modify Temporary Orders and Statement of Facts Supporting Maintaining Placement with the Mother
  104. Motion (No Fee) Index # 93 Ashley Malin
  105. Order Approving Payment Index # 98 Appointee's Fee Compensation Claim Form
  106. Judge Docket Entry EMR Mtn to Mod TO - ACA Al-Amin, CW Alleyne, Mo Pres, Fa McNallen, AAL Gaskill, CASA Curtis/Rusk/Johnson Fa - - states he is maintaining utilities - maintaining health insurance for Mo and child - he's been staying at a hotel at 2003 Katy Cir. for the past 3 days - prior to that day, he'd been staying in the home; states prior to this he was in the home when Mo wasn't except for one time when he was exchanging cars and before that, he was at his grandmother's in New Braunfels - He stated he was coming to change cars with Mo bc her car had a check engine light on Mo - denies voluntarily violating court order CASA Russe - - Made a pop up unannouced visit at the home - Fa was present at the home; it appeared as if he stayed the night there. His vehicle was in the driveway and cold to the touch. Father was in pajamas. - LE was called - CASA never saw the Fa leave the home Orders: - child shall remain with MGM at this time - parents shall enroll and provide proof of enrollment and attendance in indv and couples counseling - Fa shall maintain psychiatric appt and attend - Fa shall provide a ROI - Mo shall continue to comply with medication management - All visitation orders from prior hearing remain in full force and effect JRR
  107. Exhibit Exhibit List for 12-11-24
  108. Motion (No Fee) Index # 96 Motion for Return of S. McNallen to Family Home
  109. No Fee Documents Index # 97 Letter to the Judge
  110. Order Index # 100 Court Order
  111. Other Disposition/Non-Final Index # 105 Order on Motion to Consolidate (Consolidated with 24-DCV-320400)
  112. Petition Index # 106 Petition for Writ of Habeas Corpus (Original Filed in 24-DCV-320400)
  113. Motion (No Fee) Index # 107 Emergency Motion for Expedited Hearing on Petition for Writ of Habeas Corpus and Memorandum in Support (Original Filed in 24-DCV-320400)
  114. Notice Index # 108 Notice of Hearing (Original Filed in 24-DCV-320400)
  115. Answer/Contest/Response/Waiver Index # 109 Department of Family and Protective Services' Response to Petition for Writ of Habeas Corpus (Original Filed in 24-DCV-320400)
  116. Answer/Contest/Response/Waiver Index # 110 Petitioner's Response in Opposition to Respondent's Motion to Consolidate (Original Filed in 24-DCV-320400)
  117. Proposed Order Index # 111 Order Granting Writ of Habeas Corpus (Original Filed in 24-DCV-320400)
  118. Motion (No Fee) Index # 112 Motion to Supplement (Original Filed in 24-DCV-320400)
  119. No Fee Documents Index # 113 Reporter's Record Aversary Hearing (Original Filed in 24-DCV-320400)
  120. Motion (No Fee) Index # 114 Motion for Continuance (Original Filed in 24-DCV-320400)
  121. Motion (No Fee) Index # 115 Motion to Consolidate (Original Filed in 24-DCV-320400)
  122. Motion (No Fee) Index # 116 Motion for Immediate Return of Child and Modification of Services (Original Filed in 24-DCV-320400)
  123. Motion (No Fee) Index # 117 Motion for Reconsideration on Petition of Habeas Corpus (Original Filed in 24-DCV-320400)
  124. Proposed Order Index # 118 Order Granting Writ of Habeas Corpus (Original Filed in 24-DCV-320400)
  125. Order Index # 119 Order Denying Petition for Writ of Habeas Corpus-DISPOSED (Original Filed in 24-DCV-320400)
  126. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 120 Judgment Notice (Original Filed in 24-DCV-320400)
  127. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 121 Judgment Notice (Original Filed in 24-DCV-320400)
  128. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 122 Judgment Notice (Original Filed in 24-DCV-320400)
  129. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 123 Judgment Notice (Original Filed in 24-DCV-320400)
  130. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 124 Judgment Notice (Original Filed in 24-DCV-320400)
  131. Judgment Notice Sent/Rule 306A3 and 21 (f) (10) Index # 125 Judgment Notice (Original Filed in 24-DCV-320400)
  132. Docket Sheet (Original Filed in 24-DCV-320400)
  133. No Fee Documents Index # 101 Permanency Report to the Court- Temporary Managing Conservatorship
  134. Motion (No Fee) Index # 102 Petitioner's Motion for Substitution of Counsel
  135. No Fee Documents Index # 128 Exhibit List for Motion for Return of Child
  136. No Fee Documents Index # 129 Casa Court Report-Permanency Review Hearing, before the Final Order
  137. No Fee Documents Index # 130 Attorney Ad Litem's TFC 107.004 D1 Statement
  138. Judge Docket Entry 1PH & Motions - RA Edwards, CW Alleyne, Mo Pres, Fa Pres, AAL Gaskill, CASA Rusk/curtis, MGM/Placement Child is placed with MGM - child's physical and emotional needs are being met - DFPS is concerned that MGM is not protective - she allowed the child to go with his parents from 12/24-01/03 - DFPS learned of the issue during a pop up visit at the parents' home Parents have completed the list of services and DFPS has confirmed attendance and scheduling evals DFPS is not seeking a monitored return because there are no cooperative family members DFPS' Motion - Granted
  139. Dismissed by Plaintiff/Non-Suit/Other Index # 131 Order to Dismiss
  140. Order Index # 132 Order Granting Petitioner's Motion for Substitution of Counsel
  141. Notice Index # 133 Notice of Opinion Distribution from the Fourteenth Court of Appeals
  142. Opinion Index # 134 Memorandum Opinion from the Fourteenth Court of Appeals (Original Proceeding Writ of Mandamus)
  143. Order Approving Payment Index # 137 Appointee's Fee Compensation Claim Form
  144. Order Approving Payment Index # 138 Appointee's Fee Compensation Claim Form
  145. Order Approving Payment Index # 139 Appointee's Fee Compensation Claim Form

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