2020 – Supreme Court Amends New Discovery Rule to Provide Exemption for Child Protection Cases
On December 23, 2020, the Supreme Court issued an order that amended its new discovery rules at Texas Rule of Civil Procedure 194.2(d) to add a subsection (5) that exempts a “child protection action under Subtitle E, Title 5 of the Family Code” from initial disclosure. Such exemption excludes child protection cases filed by the Department that are subject to Subtitle E, Title 5 of the Family Code from the automatic disclosure requirements recently added by the Supreme Court.
That being said, the exemption does provide some discretionary exception language. Namely, it states, “a court may order the parties to make particular disclosures and set time for disclosure.” As such, it gives courts discretion to order particular disclosures as well as a time for such disclosure. This will permit required disclosures even in child protection cases when a court finds it appropriate.
2019 Child Protection Update – 86 Legislative Session
2017 Texas Legislative Update in Child Welfare Law
Children’s Commission 87th Texas Regular Legislative Session Report
Children’s Commission 87th Legislative Session Update on CPS-related matters (powerpoint)
Children’s Commission 87th Legislative Session Update on CPS-related matters (webinar)
Author: Sandra D. Hachem, Sr. Assistant County Attorney
VINCE RYAN, HARRIS COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002