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
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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.
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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.
______
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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
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