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The 336th's confidentiality order for DFPS suits (Family Code chs. 261, 262, 264): finding that CAPTA (42 U.S.C.A. § 5106a(b)(2)(B)(viii)) and Family Code § 261.201 make child-abuse records confidential, the court restricts public access to all pleadings, orders, and documents in DFPS-brought suits — maintained restricted by the District Clerk, accessible only to DFPS, the parties, their attorneys, the attorney ad litem, and the guardian ad litem unless specifically permitted by the court — with clerk directives to file the order, provide it to ad litem appointees, send it to the CASA agency, and submit it to the district judge.
Texas > Fannin County > 336th District Court — every suit brought by the Department of Family and Protective Services under Family Code chs. 261, 262, 264 (the 336th holds DFPS cases under the county's juvenile/family assignment orders). Signed May 22, 2024 by then-Judge Laurine J. Blake; the order runs with the court.
IN THE DISTRICT COURT OF FANNIN COUNTY, TEXAS, 336th JUDICIAL DISTRICT STANDING ORDER REGARDING PUBLIC ACCESS TO DFPS COURT RECORDS On the ______ day of ______________, 2024, 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) generally 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 regarding 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 alleged and 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 these pleadings, orders, and 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 pleadings, orders, and 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 pleadings, orders, and documents, it is necessary to restrict public access to these pleadings, orders, and documents. The Court finds that restricting public access to these pleadings, orders, and 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 its own records. IT IS THEREFORE ORDERED that public access to pleadings, orders, and documents filed in a suit brought by DFPS pursuant to Chapters 261, 262, and 264 of the Texas Family Code are to be restricted and shall be maintained by the District Clerk of Fannin County as such. The Clerk of the Court shall not allow public access to these pleadings, orders, and documents other than to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless specifically permitted and ordered by this Court. The Clerk is directed to: a. File a copy of this order with the District Clerk of Fannin [handwritten] County, Texas; b. Cause a copy of this order to be provided to each attorney designated by this Court as attorney ad litem for children or parents; c. Send a copy of this order to the appropriate CASA agency for this Court; and d. Submit a copy of this order to the District [handwritten] Judge of Fannin [handwritten] County, Texas. SIGNED this 22 [handwritten] day of May [handwritten], 2024. [signature] JUDGE PRESIDING [Attached: Statutory and Case Law Support for Restricting Public Access to Child Protective Services (CPS) and Child Protective Investigations (CPI) Court Records] This Court, by judicial decision and in accordance with the Texas' Public Information Act, is authorized to restrict its records from public disclosure. TEX. GOV'T CODE 552.101, 552.003(1)(B). ("Information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.") TEX. GOV'T CODE 552.101. see Hardy v. Hearn, No. 13-14-89-00845-CV, 1989 WL 119572 at *1 (Tex. App. Oct. 12, 1989). (A trial court's order that required defendant's addresses and phone numbers to remain confidential until counsel was obtained was a judicial decision and not subject to disclosure by the Open Records Act). Id. Under federal law, the Child Abuse Prevention and Treatment Act (CAPTA) generally 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). Further, CAPTA provides for the use of discretion regarding public access to court proceedings involving child abuse and neglect cases, provided that the State, "at a minimum, ensure(s) the safety and well-being of the child, parents and families." 42 U.S.C.A. Texas Family Code Section 261.201 closely tracks the CAPTA confidentiality requirements. By its plain language, it deems all records of alleged child abuse or neglect confidential and not subject to public release absent a court order following an in-camera inspection and a finding of necessity. Section 261.201 specifically includes as confidential "a report of alleged or suspected child abuse or neglect, the identity [of the reporter], and the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed during investigation or in providing services as a result of the investigation (emphasis added)." TEX. FAM. CODE 261.201; see Coachman v. state, 692 S.W.2d 940, 945 (Tex. App.—Houston [1st Dist.] 1985, pet. ref'd) (concluding CPS records are confidential under state law and cannot be disclosed absent a showing of necessity, citing the predecessor to TFC ss 261.201); In re Duffer, 438 S.W.3d 864 (Tex. App. 2014) ("In the absence of an order requiring production, the Department is required by statute to keep the contents of [its] files confidential."). Significantly, Texas Family Code Section 263.008, entitled Foster Children's Bill of Rights, though without defining its scope, includes the right to confidentiality of the child's records. TEX. FAM. CODE 263.008. Specifically, Texas Family Code states that "It is the policy of this state that each child in foster care be informed of the child's rights provided by state or federal law or policy that relate to:" "confidentiality of the child's records." Id. Further, although not a confidentiality statute per se, Texas Family Code Section 262.106 provides an avenue for the blanket closure of CPS court cases during the initial hearing after a child is removed in an emergency without a court order. Courts are directed to "to render orders that are necessary to protect the physical health and safety of the child." TEX. FAM. CODE 262.106. This language is consistent with the aforementioned CAPTA provision that gives courts the discretion to ensure the "safety and well-being of the child" in how the public is allowed to access court proceedings in child abuse and neglect cases. 42 U.S.C.A. 5106a(b)(2)(B)(viii). Therefore, all premises considered, the DEPARTMENT respectfully requests that this Court restrict the public access to its CPS and CPI records by closing these court records to the public. The DEPARTMENT further requests unless specifically permitted and ordered by this Court, only parties to a case, their attorneys, and the attorney ad litem and guardian for a child be permitted access these records.
IN THE DISTRICT COURT OF FANNIN COUNTY, TEXAS, 336th JUDICIAL DISTRICT STANDING ORDER REGARDING PUBLIC ACCESS TO DFPS COURT RECORDS On the ______ day of ______________, 2024, 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") pu
Reviewer note: Image-only signed scan read through the vision lane (order pages 1–2 of the 4-page filing); findings and decretal text quoted verbatim. Composed benchpath-ajr1-p7. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 034c26c8ee3b..., 4 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
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.