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Photo of Fort Bend County

Court

Fort Bend County

Texas

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Case Information

Filed 2025-02-12
Status Pending
Type Childrens Protective Services
Docket 112 entries

Parties

Plaintiff The Department Of Family And Protective Services

Lawyers

Docket Entries

  1. No Fee Documents Index # 110 Rule 11 Agreement
  2. Request Index # 2 Request for Process
  3. Petition Index # 3 Petition for Protection of a Child, For Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship
  4. Issuance Index # 4 Citation Issued to Debra Miller
  5. Citation E-Serve Miller, Debra Served 02/13/2025 Returned 02/19/2025
  6. Issuance Index # 5 Citation Issued to Patrick Price
  7. Citation E-Serve Price, Patrick Served 02/13/2025 Returned 02/19/2025
  8. Order Index # 7 Order for Protection of a Child in An Emergency and Notice of Court Proceeding
  9. Order Index # 9 Order to Extend Emergency Orders Pursuant to Texas Family Code 262.103
  10. Officers Return Index # 10 Citation Return for Debra Miller. Issued 2/12/25
  11. Officers Return Index # 11 Citation Return for Patrick Price. Issued 2/12/25
  12. Answer/Contest/Response/Waiver Index # 12 Attorney Ad Litem for the Child Original Answer
  13. Amended Filing Index # 13 First Amended Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship
  14. Motion (No Fee) Index # 14 Motion for Qualified Protective Order
  15. Answer/Contest/Response/Waiver Index # 15 CPS Consent and Waiver to Mediate and Report of the Mediator
  16. Order Index # 17 Qualified Protective Order
  17. Answer/Contest/Response/Waiver Index # 18 Respondent Father's Original Answer
  18. No Fee Documents Index # 19 Notice Of Appointment of Guardian Ad Litem
  19. Answer/Contest/Response/Waiver Index # 21 Original Answer Filed by Attorney Ad Litem for Respondent
  20. No Fee Documents Index # 22 Respondent's Exhibit List
  21. Order Index # 23 Appointment of Guardian Ad Litem
  22. Judge Docket Entry 25-DCV-325997 Mo moved to TX in June 2024 with her 1yo child (other children followed later) - Originally she was staying with a friend in Katy named Jessica Martin, but left after they got into a fight because Mo wouldn't buy her cigarettes - Mo then moved in with Quiana while she waiting on her Section 8 housing - 12yo has already moved back to Missouri to live with her paternal grandmother - 12yo, 9yo, 8yo, 6yo, 1yo, 2 months old - Mo receives disability payments for her cataracts, and child support as well Mo started working at Walmart after she moved here, and now works at Auntie Anne's FA sometimes stays with the family, sometimes stays with friends - He occasionally works security - Met Mo in Cincinnati - FA is applying to be Mo's caregiver - Sts she is aware of FA's criminal history - Mo is aware that FA occasionally smokes marijuana Mo's Criminal history - Arrested in Missouri for a traffic ticket - Arrested on a separate charge for arguing outside of her car in Missouri; may still be pending bc she did not complete the community service requirement (charged with endangering the welfare of a child, 2nd degree) - Prior arrests for disturbing the peace and driving with a suspended license 12/16/24 - FA made threats of domestic violence against mother via text (he threatened to beat her up, told her to stay out of sight); Mo responded "this baby is going to die, so it doesn't even matter" (2 weeks before baby was born). Mother's Drug Use/Trip to VA - On 01/30/25 - Mo went to VA with her sister for 3-4 days (baby was 1 month old) and participating in drinking and vaping marijuana - FA communicated to Mo that formula was bad and baby was fussy - FA did not tell Mo about the bruises - FA informed Mo that he was going to go smoke weed and take the children with him - FA sent video of child's eyes; eyes were more red; Mo sts she told FA to take the baby to Urgent Care; believes he took the baby the next day before noon, but Next Level did not take insurance, Mo told FA to wait for her to arrive the next day; Mo states she could not find a PCP who takes her insurance, so she called EMS, but declined transport to the hospital - Mo took baby to Memorial Hermann Go Health the next morning - at this appt., Dr. informed Mo she was calling CPS due to the bruises on the baby's face; Baby was transported by ambulance from Urgent Care; Mo then left TCH with the baby before he was seen by a doctor - CPS met with Mo the next day and informed her to take baby back to the hospital - Mo took baby back to TCH - TCH did a physical exam, Xrays and MRI - Mo understood that baby had a hairline fracture in the skull - Mo std she believes fracture was caused when baby was getting changed in the back seat of the car and 8yo fell backward hitting baby in the head with 8yo's elbow - Per Mo, only she and FA care for the baby - Older children were placed with a fictive kin during investigation, FA went to New Orleans with a friend - FA has not met with LE about the baby's injuries Baby's Birth - Baby was healthy and Mo was told to follow up with regular PCP for well child - Prior to Mo going to VA, she had no concerns about the baby; he had stopped sleeping through the night and she noticed a rash on his eyelids; Mo did not observe any bruising or other visible concerns; she is not aware of the bruise on the baby's cheek or hand prior to leaving After lunch recess, parties agreed to TMC to DFPS Native American ancestry denied DNA Testing b/n FA and child ordered SH - 040/02/25 at 1130am
  23. Order Index # 25 Order for Paternity Testing
  24. Exhibit Exhibit List for 03-11-25
  25. Order Approving Payment Index # 26 Appointee's Fee Compensation Claim Form
  26. No Fee Documents Index # 27 Status Report to the Court
  27. No Fee Documents Index # 29 Family Visitation Plan
  28. No Fee Documents Index # 30 Family Plan of Service
  29. No Fee Documents Index # 31 Family Plan of Service
  30. No Fee Documents Index # 32 CASA Status Court Report
  31. Temporary Order Index # 33 Temporary Orders Following Full Adversary Hearing
  32. Notice Index # 34 Notice of Conflict Setting and Request for Reset
  33. No Fee Documents Index # 35 Attorney Vacation Letter
  34. Order Approving Payment Index # 39 Appointee's Fee Compensation Claim Form
  35. Order Index # 37 Status Hearing Order
  36. No Fee Documents Index # 38 Vital Statistics- CCJ
  37. Proposed Order Index # 40 Appointee's Fee Compensation Claim Form
  38. No Fee Documents Index # 41 Permanency Report to the Court-Temporary Managing Conservatorship
  39. No Fee Documents Index # 42 Certificate of Paternity Registry Search
  40. Order Approving Payment Index # 43 Appointee's Fee Compensation Claim Form
  41. Amended Filing Index # 44 Second Amended Petition for Protection of A Child, for Conservatorship, and for Termination in Suit Affecting the Parent-Child Relationship
  42. No Fee Documents Index # 45 Permanency Review Hearing before the Final Order Date of Hearing July 23, 2025
  43. Judge Docket Entry 1PH - ACA Al-Amin, CW Smith, Parents Pres, Atty Kamal, Atty Kestler, AAL Jordan, CASA Mersiovsky/Gaus Parties agree that parents are compliant with services W1 - Contesia Perez - FBSS CW - Concerns for ongoing domestic violence - Mo has completed counseling but plans to reengage in services - Sponsored photos in P1-6 - 06/24/25 - allegations of domestic violence incidence; CW took photos of vandalized vehicle - P1-P4 - photos of slashed tires; believes Mo slashed the tires - P6 - sindshield smashed by rock - CW visited home on 06/25/25 - nobody anwered the door, but sounds were coming from inside the home as if a person was inside - Mo indicated that she left the state and CW was there to confirm Mo's location; Mo stated she would be in contact if or when she returned - FA indicated that he was not present when incident occurred and stated there are not any other domestic issues - CW learned of a dmv issue on 05/05/25 - Does not know of any current intentions for older children to return to TX - Home appeared to be packed up when CW last visited the home W2 - Mo - Re- exhibits, Mo states this is her old Dodge Journey - Mo admits she caused the damage to the vehicle bc of anger about this case - Mo states she was mad bc she heard from her attorney's office that child would only be returned with a monitor in the home; she was mad so she destroyed the vehicle and started driving towards MO - Mo admits she called LE on 05/05/25 bc she believed FA flipped over her tv and took her shoes - UA after 6/24/25 - negative - HF - had to be resubmitted on 07/10/25 due to insufficient quality - Mo is reengaging in counseling due to incident with the car - Mo left parent coaching session on 06/24/25 - Upcoming surgery on Tuesday - Resubmitted to a psychological eval; no recommendations PPA Parents compliant with services Motion for Monitored Return recessed to 08/13/25 at 1
  44. Exhibit Exhibit List for 07-23-25
  45. Motion (No Fee) Index # 46 Respondent Father's Motion for Monitored Return
  46. Motion (No Fee) Index # 47 Respondent Mother's Motion for Monitored Return
  47. Exhibit Exhibiit List for 08-13-25
  48. Order Index # 48 Initial Permanency Hearing Order Before Final Order
  49. Notice Index # 49 Notice of Filing Business Record Affidavit
  50. No Fee Documents Index # 50 Affidavit for Business Records
  51. Order Approving Payment Index # 51 Appointee's Fee Compensation Claim Form
  52. Motion (No Fee) Index # 52 Motion for Withdrawal of Counsel
  53. Notice Index # 53 Notice of Hearing for Motion for Withdrawal of Counsel
  54. Proposed Order Index # 54 Order on Motion for Withdrawal of Counsel
  55. Motion (No Fee) Index # 55 Emergency Motion to Modify Temporary Orders
  56. No Fee Documents Index # 56 Permanency Report to the Court-Temporary Managing Conservatorship
  57. Notice Index # 57 Notice of Business Records Affidavit
  58. No Fee Documents Index # 58 Affidavit for Business Records
  59. No Fee Documents Index # 59 Affidavit for Business Records
  60. No Fee Documents Index # 60 Child Advocates of Fort Bend CASA Court Report
  61. Order Index # 61 Permanency Hearing Before Final Order
  62. Order Approving Payment Index # 65 Appointee's Fee Compensation Claim Form
  63. Order Approving Payment Index # 63 Appointee's Fee Compensation Claim Form
  64. No Fee Documents Index # 64 CPS Consent and Waiver to Mediate and Report of the Mediator
  65. No Fee Documents Index # 66 Petitioner's Objection to Respondent Patrick Price's Written Interrogatories
  66. No Fee Documents Index # 67 Petitioner's Objection to Respondent Patrick Price's Request for Admissions
  67. No Fee Documents Index # 68 Petitioner's Objection to Respondent Patrick Price's Request for Production and Inspection
  68. Motion (No Fee) Index # 69 Joint Motion to Extend Case on Docket
  69. Amended Filing Index # 70 First Amended Joint Motion to Extend Case on Docket
  70. Judge Docket Entry Joint Motion to Extend - ACA Al-Amin, Atty Kestler, Atty Kamal, AAL Jordan Motion to Extend - Granted Extraordinary Circumstances - Judge who has presided over the case is returing from family leave; multiple relatives being considered for placement; late change in goals from family reunification to unrelated adoption, and lack of available docket and court space for a multi-day trial without significant planning Next Setting - PH/Pretrial Status on 03/04/26 - parties to file any pretrial motions and set for this day; exchange any already prepared exhibits
  71. Certificate Index # 71 Respondent's Certificate of Written Discovery Directed to Petitioner
  72. Notice Index # 72 Notice of Filing Business Records Affidavit
  73. No Fee Documents Index # 73 Affidavit of Medical Records
  74. No Fee Documents Index # 74 Petitioner's First Request for Production and Inspection
  75. No Fee Documents Index # 75 Petitioner's First Set of Written Interrogatories to Respondent Patrick Price
  76. No Fee Documents Index # 76 Petitioner's First Request for Production and Inspection
  77. No Fee Documents Index # 77 Petitioner's First Set of Written Interrogatories to Respondent Patrick Price
  78. No Fee Documents Index # 78 Permanency Report to the Court- Temporary Managing Conservatorship
  79. Letters Attorney Vacation Letter
  80. No Fee Documents Index # 79 Child Advocates of Fort Bend CASA Court Report
  81. Answer/Contest/Response/Waiver Index # 80 Petitioner's Response to Patrick Price's First Set of Written Interrogatories
  82. Answer/Contest/Response/Waiver Index # 81 Petitioner's Responses to Request for Production
  83. Answer/Contest/Response/Waiver Index # 82 Petitioner's Answers to Patrick Price's Request for Admissions
  84. Notice Index # 83 Notice of Business Record Affidavit
  85. No Fee Documents Index # 84 Business Records Affidavit-Price
  86. No Fee Documents Index # 85 Business Records Affidavit - Miller
  87. Notice Index # 86 Notice of Business Record Affidavit
  88. No Fee Documents Index # 87 Affidavit for Business Records
  89. Notice Index # 88 Notice of Business Record Affidavit
  90. No Fee Documents Index # 89 Business Records Affidavit - D. Miller
  91. No Fee Documents Index # 90 Business Records Affidavit - Price
  92. Notice Index # 91 Notice of Filing Business Records Affidavit
  93. No Fee Documents Index # 92 Affidavit for Business Records
  94. Order Index # 93 Court Order
  95. Judge Docket Entry PH/PreTrial - ACA al-Amin, Supv Anthony, Mo Pres, Atty Kamal, Fa Pres, Atty Kestler, AAL Jordan, CASA Glaus W1 - Mo Direct by ACA - In October, the plan for reunification was for Peyton to go to Dallas to a cousin with Mo - ultimately cousin felt like it would be too much to take on the baby along with the CPS case - Court put in plan a place to start unsupevised day visits - Mo made 1 visit, but cancelled the next - 10/29/25 - Mo informed that goal changed to fictive kin adoption - Mo went to Springfield, MO to try to set up housing in October, but was unsuccessful - Mo currently has housing situated at The Life at Grant Oak; Mo states she did not fill out the application accurately, but the landlord is aware of her circumstances - Mo states they recently completed couples counseling - Mo states she is compliant with completing services - FA tested positive for cocaine after both the October and November 2025 settings - Visits are taking place at CPS office - Mo is working at Aunt Annie's - FA is still Mo's caretaker and he resides in Mo's home W2 - Supervisor - DFPS stopped supervised visitation out of concern of the inconsistency of where the placements would take place; Mo moves around a lot, and is no longer at the location where unsupervised visits were approved - Mo gets 2 hours unsupervised after CPS visit, but it is at the CPS office. Per supervisor, this is due to lack of transportation bc Mo cannot drive and FA drives her - FA arrested in Nov. for a felony (organized theft) - FA's hair follicle was positive for marijuana and cocaine; Jan. drug test was negative in UA, but positive for marijuana in the hair - FA recently missed 2 drug tests - FA completed a new sub abuse assessment which rec'd outpatient sub abuse, counseling and peer support; FA has already started working the recommendations - DFPS is concerned that sibling is brought into visits which requires a lot of attention from Mo and detracts from her visit with Peyton - DFPS has a concern with FA's perceived aggressive behavior, but this has improved since Dec. - FA is working at Foot Locker - Placement with Robert Carter - he is not a long term option bc he wants his brother to have his son; he is willing to serve as a temporary placement - ICPC is still pending on Mo's sister who has expressed an interest in being a long term placement for the child On Cross: - DFPS concerned with Mo's inconsistent housing and her ongoing relationship with FA - no concerns with current housing - FA's visits are supervised; Mo's visits are not monitored at the office CASA - - in agreement with DFPS goals - concerned with positive drug tests and continued criminal activity - Visits appear appropriate and everyone appears happy and getting along - concerned that he has not seen any behavioral changes; especially with FA's level of aggression when he communicates with CASA - CASA has no concerns with Mo W4 - Robert D. Carter (FA's brother) - contacted DFPS in Nov. 2025 when he found out about the case indicating his desire to be a placement - he had not heard from DFPS until last week - owns a tattoo business; his children are older; states he has plenty of time to care for his nephew - he would adopt Peyton if that is the only way to keep Peyton in the family - he has adopted 5 other children (9, 10, 13, 14, and 16yo); he has 2 homes PPA TMC to DFPS Mo and Fa compliant with services DFPS has not made RE towards perm ICWA is not applicable Trial - 04/20/26 @ 930am Unsupervised 10a-3p weekly in Mo's home; FA shall continue supervised at DFPS
  96. Notice Index # 94 Notice of Business Record Affidavit
  97. No Fee Documents Index # 95 Business Records Affidavit
  98. Order Approving Payment Index # 96 Appointee's Fee Compensation Claim Form
  99. Order Approving Payment Index # 97 Appointee's Fee Compensation Claim Form
  100. Motion (No Fee) Index # 98 Motion to Compel Discovery and For Sanctions
  101. Certificate Index # 99 Respondent's Certificate of Written Discovery Directed to Petitioner
  102. Amended Filing Index # 100 Amended Notice of Hearing for Motion to Compel Discovery and for Sanctions
  103. Order Index # 101 Order Retaining Suit on Court's Docket and Setting Court Proceeding Date
  104. Notice Index # 102 Notice of Filing of Business Record Affidavit (The Alcohol & Drug Testing Service, Inc.)
  105. No Fee Documents Index # 103 Respondent's Exhibit List
  106. Judge Docket Entry Motion to Compel - ACA Al-Amin, Supv Anthony, Atty Kestler, Atty Crutcher for Kamal, AAL Jordan, CASA Glaus Live Stream Finding Request for Production 1 - Produce Bate Stamp copy of record - redact PIN only, privileged communication 2 - Produce responsive Bate Stamped #s 3 - Produce responsive Bate Stamped #s 4 - Produce responsive Bate Stamped #s and any other responsive documents not included in the CPS file such as but not limited to text messages and emails not included in the file 5 - Produce responsive Bate Stamped #s and any other responsive documents not included in the CPS file such as but not limited to text messages and emails not included in the file 6 - DFPS shall produce exhibits that correlate with the exhibit list; duty to supplement if DFPs intends to introduce any new exhibits not included in 03/09/26 file upload 7 - Produce responsive Bate Stamp #s from the file 8 - Denied; DFPS response is adequate 9 - Supplement response as responsive documents become available' provide drug tests previously emailed to attorneys through the FTP 10 - Denied; AAL shall provide copy of reports to FA 11 - Denied, CASA shall provide copy of reports to FA Interrogatories - DFPS shall provide responses to each interrogatory Trial - 04/20/26 at 930am Responses to Interrogatories and Production in accordance with the Court's ruling are due to Attorney Kestler by COB on 04/10/26
  107. Answer/Contest/Response/Waiver Index # 104 Petitioner's Response to Respondent Debra Miller's First set of Written Interrogatories
  108. Answer/Contest/Response/Waiver Index # 105 Petitioner's Answers to Respondent's Request for Admissions
  109. Answer/Contest/Response/Waiver Index # 106 Petitioner's Response to Respondent Debra Miller's Request for Production and Inspection
  110. Proposed Order Index # 107 Trial Protective Order
  111. Notice Index # 108 Notice of Business Records Affidavit
  112. No Fee Documents Index # 109 Business Records Affidavit Affidavit in Terms of Rule 902

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