in the Interest of T.G., A.G. and A.H., Children ( 2012 )

CAUSE NO. 2010C-1527
IN THE INTEREST OF § EX THE DISTRICT COURT OF
§
TY GREGORY § HENDERSON COUNTY, TEXAS
ALEXIS GREGORY §
ALYSON HARRISON §
CHILDREN S 3rd JUDICIAL DISTRICT
ORDER REGARDING PATERNITY g
AND go w f=
ORDER OF TERMINATION ^c/J^ S
On July 20, 2012, the Court heard this case.
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1. Appearances I^W^ o o
o
11. The Texas Department of Family and Protective Services ("the^DepaiWng
appeared through Sandra Stames, caseworker, and by attorney, Shen Shepherd
and announced ready.
1.2. Respondent Mother, Julie Harrison, appeared in person. Attorney of record, Nolan
Wickel, appeared and announced ready.
13 Respondent Adjudicated Father of Ty Gregory, Todd Gregory, appeared in
person. Attorney of record, Chris Tinsley, appeared and announced ready.
1 4. Respondent Alleged Father of Alexis Gregory, Billy D'Wayne Denison, did not
appear. Attorney of record, Nolan Wickel, appeared and announced ready.
1.5. John Youngblood, appointed by the Court as attorney ad litem of the children the
subject of this suit, appeared and announced ready.
1.6. CASA of Trinity Valley, appointed by the Court as guardian ad litem of the
children the subject of this suit, appeared and announced ready.
2. Jurisdiction and Service of Process
2.1. The Court finds that a request for identification of a court of continuing, exclusive
jurisdiction has been made as required by Texas Family Code §155.101.
2.2. The Court, having examined the record and heard the evidence and argument of
counsel, finds that this Court has jurisdiction of this case and of all the parties and
that no other court has continuing, exclusive jurisdiction of this case.
2.3. The Court, having examined the record and heard the evidence and argument of
counsel, finds that the State of Texas has jurisdiction to render final orders
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Order of Termination 3™ Judicial District Court
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regarding the children the subject of this suit pursuant to Subchapter C, Chapter
152, Tex. Fam. Code, by virtue of the fact that Texas is the home state of the
children.
2.4. All persons entitled to citation were properly cited.
3. Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
4. Record
The record of testimony was duly reported by the court reporter for the 3"1 Judicial
District Court.
5. The Children
The Court finds that the following children are the subject of this suit:
5.1. Name: Ty Gregory
Sex: Male
Birthplace: Unknown
Birth Date: May 2,2006
Social Security Number: xxx-xx-5893
Present Residence: Foster home
5.2. Name: Alexis Gregory
Sex: Female
Birthplace: Unknown
Birth Date: November 12, 2007
Social Security Number: xxx-xx-2632
Present Residence: Foster Home
53 Name: Alyson Harrison
Sex: Female
Birthplace: Unknown
Birth Date: August 15, 2004
Social Security Number: xxx-xx-4648
Present Residence: Foster home
6. Paternity: ALYSON HARRISON
6.1. The Court finds that TODD GREGORY, is an alleged father of ALYSON
HARRISON, a child a subject of this suit.
62 The Court finds that genetic testing was ordered in this case to determine
whether TODD GREGORY is the biological father of ALYSON HARRISON.
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63 The Court finds that a report of genetic testing regarding the parentage of
ALYSON HARRISON, a child a subject of this suit, was duly admitted into
evidence pursuant to §160.504 of the Texas Family Code.
6 4. The Court finds that the report of such genetic testing shows that TODD
GREGORY is NOT the biological father of ALYSON HARRISON.
6.5. IT IS THEREFORE ORDERED that TODD GREGORY is NOT the biological
father of ALYSON HARRISON.
7. Paternity: ALEXIS GREGORY
7.1. The Court finds that TODD GREGORY, is an alleged father of ALEXIS
GREGORY, a child a subject of this suit.
7.2. The Court finds that genetic testing was ordered in this case to determine
whether TODD GREGORY is the biological father of ALEXIS GREGORY.
73 The Court finds that a report of genetic testing regarding the parentage of the
ALEXIS GREGORY, a child a subject of this suit, was duly admitted into
evidence pursuant to §160.504 of the Texas Family Code.
74 The Court finds that the report of such genetic testing shows that TODD
GREGORY is NOT the biological father of ALEXIS GREGORY.
7.5. IT IS THEREFORE ORDERED that TODD GREGORY is NOT the biological
father of ALEXIS GREGORY.
8. Termination of Respondent Mother, JULIE HARRISON'S, Parental Rights
81 The Court finds by clear and convincing evidence that termination of the parent-
child relationship between JULIE HARRISON and the children the subject of
this suit is in the children's best interest.
82 The Court finds by clear and convincing evidence that JULD2 HARRISON has:
8.2.1. engaged in conduct or knowingly placed the children with persons who
engaged in conduct which endangers the physical or emotional well-being
of the children;
8.2.2. constructively abandoned the children who have been in the permanent or
temporary managing conservatorship of the Department of Family and
Protective Services or an authorized agency for not less than six months,
and: (1) the Department or authorized agency has made reasonable efforts
to return the children to the mother; (2) the mother has not regularly
visited or maintained significant contact with the children; and (3)the
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mother has demonstrated an inability to provide the children with a safe
environment;
8.2.3. failed to comply with the provisions of a court order that specifically
established the actions necessary for the mother to obtain the return of the
children who have been in the permanent or temporary managing
conservatorship of the Department of Family and Protective Services for
not less than nine months as a result of the children's removal from the
parent under Chapter 262 for the abuse or neglect of the children;
83 IT IS THEREFORE ORDERED that the parent-child relationship between
JULIE HARRISON and the children, ALYSON HARRISON, ALEXIS
GREGORY, and TY GREGORY, the subject of this suit is terminated.
9. Termination of Respondent Father, TODD GREGORY'S, Parental Rights
9 1 The Court finds by clear and convincing evidence that termination of the parent-
child relationship between TODD GREGORY and the child, TY GREGORY, is
in the child's best interest.
9.2. The Court finds by clear and convincing evidence that TODD GREGORY has:
9.2.1. engaged in conduct or knowingly placed the child with persons who
engaged in conduct which endangers the physical or emotional well-being
of the child;
9.2.2. failed to comply with the provisions of a court order that specifically
established the actions necessary for the father to obtain the return of the
child who has been in the permanent or temporary managing
conservatorship of the Department of Family and Protective Services for
not less than nine months as a result of the child's removal from the parent
under Chapter 262 for the abuse or neglect of the child;
93 IT IS THEREFORE ORDERED that the parent-child relationship between
TODD GREGORY and the child, TY GREGORY, is terminated.
10. Termination of AUeged Father, BELLY D'WAYNE DENISON's, Parental Rights
10.1. The Court finds by clear and convincing evidence that, after having waived
service of process or being served with citation in this suit, BILLY D'WAYNE
DENISON, did not respond by filing an admission of paternity or by filing a
counterclaim for paternity or for voluntary paternity to be adjudicated under
Chapter 160 of the Texas Family Code before the final hearing in this suit.
10.2. The Court finds by clear and convincing evidence that BILLY D'WAYNE
DENISON has not registered with the paternity registry, and after the exercise of
due diligence by the Department, his identity is known, but he cannot be located.
2010C-15Z7
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10 3 The Court also finds by clear and convincing evidence that termination of the
parent-child relationship, if any exists or could exist, between the alleged father
BILLY D'WAYNE DENISON and the child, ALEXIS GREGORY, is in the
best interest of the child.
104 ITIS THEREFORE ORDERED that the parent-child relationship, if any exists
or could exist, between BILLY D'WAYNE DENISON and the child, ALEXIS
GREGORY, is terminated.
11. Interstate Compact
The Court finds that Petitioner has filed a verified allegation or statement regarding
compliance with the Interstate Compact on the Placement of Children as required by
§ 162.002 of the Texas Family Code.
12. Managing Conservatorship: ALYSON HARRISON
10.1. IT IS ORDERED that the TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES is appointed Permanent Managing Conservator of the
child ALYSON HARRISON, a child the subject of this suit, with the rights and
duties specified in §153.371, Tex. Fam. Code.
10.2. The Court finds this appointment to be in the best interest of the child.
10 3. IT IS ORDERED that in addition to the rights and duties listed in § 153-371,
Tex.Fam. Code, the Department is authorized to consent to the medical care of the
children under § 166.004, Tex. Fam. Code.
13. Managing Conservatorship: ALEXIS GREGORY
11.1. IT IS ORDERED that the TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES is appointed Permanent Managing Conservator of the
child, ALEXIS GREGORY, a child the subject of this suit, with the rights and
duties specified in §153.371, Tex. Fam. Code.
11.2 The Court finds this appointment to be in the best interest of the child.
11.3. IT IS ORDERED that in addition to the rights and duties listed in § 153.371,
Tex. Fam. Code, the Department is authorized to consent to the medical care of
the children under § 166.004, Tex. Fam. Code.
14. Managing Conservatorship: TY GREGORY
14.1. IT IS ORDERED that the TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES is appointed Permanent Managing Conservator of the
child, TY GREGORY, a child the subject of this suit, with the rights and duties
specified in § 153.371, Tex. Fam. Code.
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14.2. The Court finds this appointment to be in the best interest of the child.
14 3. IT IS ORDERED that in addition to the rights and duties listed in § 153.371,
Tex. Fam. Code, the Department is authorized to consent to the medical care of
the children under § 166.004, Tex. Fam. Code.
15. Continuation of Court-Ordered Ad Litem or Advocate
15 1 The Court finds that the children the subject of this suit will continue in care, and
this Court will continue to review the placement, progress and welfare of the
children.
15 2 IT IS THEREFORE ORDERED that JOHN YOUNGBLOOD, earlier
appointed as attorney ad litem to represent the best interests of the children, the
subject of this suit, is continued in this relationship until farther order of this
Court or final disposition of this suit.
15.3. IT IS THEREFORE ORDERED that CASA of Trinity Valley, earlier
appointed as guardian zd litem to represent the best interests of the children, the
subject of this suit, is continued in this relationship until further order of this
Court or final disposition of this suit.
16. Dismissal of Other Court-Ordered Relationships
16 1 Except as otherwise provided in this order, any other existing court-ordered
relationships with the children the subject of this suit are hereby terminated and
any parties claiming a court-ordered relationship with the children are
DISMISSED from this suit.
16 2 IT IS ORDERED that NOLAN WICKEL is dismissed from his court-ordered
relationship with BILLY D'WAYNE DENISON.
16.3. IT IS ORDERED that CHRIS TEVSLEY is dismissed from his court-ordered
relationship with TODD GREGORY.
16.4. IT IS ORDERED that NOLAN WICKEL is dismissed from his court-ordered
relationship with JULIE HARRISON.
17. Inheritance Rights
This Order shall not affect the right of any child to inherit from and through any party.
18. Denial of Other Relief
18.1. IT IS ORDERED that all relief requested in this case and not expressly granted
i$ denied.
18.2. IT IS FURTHER ORDERED that this Order shall be final and appealable.
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19. First Placement Review Hearing
Pursuant to §263.501, Tex. Fam. Code, this Court shall conduct a review of the
placement of the children on October 8,2012 at 9:00 a.m. in the 3rd District Court of
Henderson County, Texas.
SIGNED this day of. pL ,2012.
JUDGE PRESIDING
APPROVEB AS TO FORM:
SheriJD.'ShepHerd, Attorn^ for p& Petitioner
John Youngblood, Attorney ad litem for the children
CASA of Trinity Valley, Guardian ad litem for the children
Nolan Wickel, Attorney for the Mother, Julie Harrison
Chris Tinsley, Attorney for the Father, Todd Gregory
Nolan Wickel, Attorney for Father, Billy D'Wayne Denison
2010C-1527
Order of Tenninafon
3" Judicial District Court
6121-119-£06:i"OJj 3®:LI 5T0S-eT-D3CI
10;55:42a.m. 09-07-2012
9036773902
19. First Placement Review Hearing
Porsuimt to §263.501, Tex. Fam Code, this Court shall conduct a rejiew ofjhe
placement of the children on October 8,2012 at 9i00 u hi the 3rt District Court of
Henderson County, Texas.
SIGNED fhia day of , * 2Ol2«
JUDGE PRESIDING
APPROVED AS TO FORM:
Sheet D. Shepherd, Attorney fer the Petitioner
J0F
arf ///em for the children
CASA ofTrinity Valley, GuanJian ad titan for the children
Nolan Wickel, Attorney for the Mother, Julie Harrison
Chris Tinfiley, Attorney fijr the Father, Tadd Gregory
Nolan Wickel, Attorney for Father, Buly D'Wayne Deniscm
3""JudlclslKrtJclCHBt
08-28-12J08M8AM; i 9036770306 #1/2
19. first Placement Review Hearing
Pursuant to 6263.501, Tex. Fam. Code, this Court shall conduct a review of the
placement of the children on October 8,2012 at 9:00 ajn. in the 3T District Court of
Henderson County* Texas.
SIGNED this day of »2012.
JUDGE PRESIDING
APPROVED AS TO FORM:
Sheri D. Shepherd, Attorney for Hie Petitioner
John Scott, Attorney ad litem for tne chfldien,
lQ
W litem for the children
Nolan Wickd* Attorney for the Mother, Julie Harrison
Chris Tinsley, Attorney for the Father, Todd Gregory
Nolan Wickd, Attorney for Father, Billy D'Wayne Denison
2010C-1S27
a« JudldaJ DJstrWCowt
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19. First Placement Review Hearing
Pnrsnant to §263.501, Tex. Fan. Code, this Court shall conduct a review of the
placement of the children on October 8,2012 at 9:00 sum. in the 3rt District Court of
Henderson County, Texas.
SIGNED Hob ^ day of. _,2012.
JUDGE PRESIDING
APPROVED AS TO FORM:
Shed D, Shepherd, Attorney for the Petitioner
John Youngblood, Attorney ad litem for the children
Valley, Guardian adUtem for the children
Attorney for the Mother, Julie Harrison
fbr the Father, Todd Qregory-
Attomey for Father, Billy D'Wayne Denison
OnJerofTatmtnBiion 2010C-1527
3"* JudftSaJ DlstCiGt Court