Notice: Contains Sensitive Information

NOTICE: CONTAINS SENSITIVE INFORMATION

CAUSE NO. (______)

IN THE INTEREST OF § IN THE DISTRICT COURTS OF § (CHILD’S NAME), § ______COUNTY, TEXAS § A MINOR CHILD(REN) § (__TH) JUDICIAL DISTRICT

GUARDIAN/ATTORNEY AD LITEM’S MOTION FOR MONITORED RETURN OF CHILD(REN) TO PARENT

TO THE HONORABLE JUDGE ______:

The Guardian/Attorney Ad Litem for the child, ______, brings this Motion for

Monitored Return of Child to Parent and in support of same, respectfully shows the following:

1. The Department of Family and Protective Services (“the Department”) presently has

temporary managing conservatorship of CHILD.

2. CHILD is presently placed Describe placement; do not reveal Foster Parent names.

3. It is in the best interest of CHILD to be returned to Respondent Mother/Father for a

monitored return as provided by Tex. Fam. Code Ann. § 263.403 based on the following

grounds:

a. EXAMPLES

b. Respondent Mother/Father has completed all services and continues to participate

in counseling

c. Respondent Mother/Father has completed drug counseling and has not tested

positive since Date.

d. Respondent Mother/Father has established a permanent home located at

______. GAL/AAL and CASA visited this home on ______, and

GUARDIAN/ATTORNEY AD LITEM’S MOTION FOR MONITORED RETURN PAGE 1 NOTICE: CONTAINS SENSITIVE INFORMATION

it appears to be a safe environment for a Age child with the abilities and

limitations of ______(child’s name).

4. All necessary parties are before the Court. GAL/AAL makes this request

pursuant to the authority of Tex. Fam. Code Ann. §§ 107.003(D), (G), (H) and 160.612, and

the requested relief is in the child’s best interest.

5. GAL/AAL requests that the Court set a hearing and issue appropriate orders for a

monitored return of the subject child to Respondent Mother/Father at ______address, where

subject child will live with parent unless a change of address is submitted to Child Protective

Services prior to relocation. At no time should child be removed from the State of Texas

during the monitored return.

6. GAL/AAL requests that the Court issue temporary orders and retain jurisdiction

of this case as it is in the best interest of the subject child for this Court to retain jurisdiction.

GAL/AAL requests that the Court not dismiss this suit or render a final order.

7. GAL/AAL requests that the Court order the Department to return the child to

Respondent Mother/Father, while ordering the Department to continue to serve as temporary

managing conservator of the child.

8. GAL/AAL requests that the Court order the Department to monitor the child’s

placement to ensure the child is in a safe environment.

9. GAL/AAL Requests that the Court enter an order permitting GAL/AAL and

CASA to make announced or unannounced visits for the purpose of monitoring the return of

the child.

10. GAL/AAL requests that the Court order GAL/AAL to continue to serve in her

current capacity until a final order is issued in this suit or the suit is dismissed.

11. GAL/AAL requests that the Court set a new dismissal date, not later than the 180th

day after the date of this requested temporary order, unless a trial on the merits has

commenced.

Respectfully Submitted,

______

Attorney Name State Bar No. Email Address Physical Address Phone Number Fax Number

GUARDIAN/ATTORNEY AD LITEM FOR (CLIENT’S NAME)

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred/attempted to confer with all parties regarding the relief sought in this this Motion and result of conferences/dates and means of attempted conferences as applicable.

______

CERTIFICATE OF SERVICE

I hereby certify that, on the day of , 20___ a true and correct copy of the foregoing instrument was served upon each attorney of record in accordance with the

Texas Rules of Civil Procedure.

______

NOTICE OF HEARING

A hearing on GAL/AAL’s Motion for Monitored Return is set for ______,

20____ at ______. before the ______District Court, ______County, Texas.

______Judge Presiding

GUARDIAN/ATTORNEY AD LITEM’S MOTION FOR MONITORED RETURN PAGE 4