Loading…
The 394th Judicial District Court's standing order making affidavits, court reports and other documents filed in Department of Family and Protective Services suits (Tex. Fam. Code ch. 261, 262, 264) confidential and restricting access to the court, associate judge, DFPS and SSCC agents, parties and their attorneys, attorneys/guardians ad litem, and the Attorney General; anyone else must request access on the attached Exhibit A form. Effective March 7, 2025.
Texas > Sixth Administrative Judicial Region > the 394th Judicial District Court, Brewster County > records in DFPS (child abuse/neglect) suits. Registered under Brewster County (TOPICs doc 2420).
IN THE DISTRICT COURT OF BREWSTER COUNTY, TEXAS 394TH JUDICIAL DISTRICT STANDING ORDER ESTABLISHING CONFIDENTIALITY OF DFPS COURT RECORDS On the 7th day of March , 2025, the Court considered the following and issues findings and orders related to pleadings, orders, and documents filed in a suit brought by the Department of Family and Protective Services, (hereinafter referred to as "DFPS") pursuant to Chapters 261, 262, and 264 of the Texas Family Code. The Court finds that the Child Abuse Prevention and Treatment Act (CAPTA) requires that states preserve the confidentiality of all child abuse and neglect reports and records to protect the rights of the child and the child's parents or guardians. 42 U.S.C.A. 5106a(b)(2)(B)(viii). The Court finds that CAPTA provides for the use of discretion in allowing public access to court proceedings involving child and abuse cases, provided that the State, "at a minimum, ensure(s) the safety and well-being of the child, parent, and families." 42 U.S.C.A. 5106a(b)(2). The Court finds that the plain language of Texas Family Code 261.201 deems DFPS records of abuse or neglect to be confidential and not subject to public release absent a court order following an in-camera inspection and a finding of necessity. The Court finds that the affidavits, court reports, and other documents contain sensitive information regarding children who have been or may have been abused or neglected by parties responsible for their care. The Court finds that these affidavits, court reports, and other documents contain sensitive information regarding family members, specifically regarding the parents of the children who may be alleged perpetrators of abuse or neglect. The Court finds that because of the sensitive information contained within these affidavits, court reports, and other documents, it is necessary to restrict access to these pleadings, orders, and documents. The Court finds that restricting access to these affidavits, court reports, and other documents would protect the privacy rights of both children and other family members, including the parents of the children. The Court further finds that it has authority to control access to court file records. IT IS THEREFORE ORDERED that access to affidavits, court reports, and other documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are CONFIDENTIAL and shall be maintained by the District Clerk of Brewster County as such. The Clerk of the Court shall, allow access to these pleadings, orders, and documents to the court, an associate judge, DFPS employees, employees of a Single Source Continuum Contractor (SSCC) acting as an authorized agent of DFPS, a party, a party's attorney, any attorney ad litem or guardian ad litem for the child, and the Office of the Attorney General. Any other person or entity requesting access to a confidential case file subject to this standing order may submit a request to the Court using the form attached as Exhibit "A". Nothing in this standing order prohibits the use of electronic filing as mandated by TRCP 21(f). The Clerk is directed to: a. Submit a copy of this order to the Office of Court Administration's Local Rules, Forms and Standing Orders website. SIGNED this 7th day of March, 2025. __________________________________ [signature] Judge Presiding, 394th Judicial District Court [Attached as Exhibit “A”: Request for Access to Confidential DFPS Court Records — a form for cause number, requestor name/agency, address, email, telephone, reason for request, requestor signature and date; and a court-review block (approved/denied, court signature, date).] [File stamp: filed in the District Court, Brewster County, Texas.] Deputy]
IN THE DISTRICT COURT OF BREWSTER COUNTY, TEXAS 394TH JUDICIAL DISTRICT STANDING ORDER ESTABLISHING CONFIDENTIALITY OF DFPS COURT RECORDS On the 7th day of March , 2025, the Court considered the following and issues findings and orders related to pleadings, orders, and documents filed in a suit brought by the Department of Family and Protective Services, (hereinafter referred to as "DFPS") pursuant to Chapters 261, 262, and 264 of the Texas Family Code. The Court finds that the Child Abuse Preve
Reviewer note: Composed 2026-09-12 (AJR-6 Sixth Region build) from BenchPath custody registered/2420.pdf (application/pdf, 867768 bytes, sha256 c6f82ffcd75c3ab3d5cc988ee19d1a5ea580077ba0ad6293a77e5870505ebaaa; 3 pages) — the TOPICs-registered document. The 394th DFPS-records confidentiality order as filed in Brewster County — the same instrument published for Hudspeth (TOPICs 2418), county name conformed to Brewster and verified against the rendered file. Text-layer instrument; file-stamp and attached Exhibit A form shown in brackets.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.