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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.
FINDINGS: CAPTA "generally requires that states preserve the confidentiality of all child abuse and neglect reports and records" (42 U.S.C.A. 5106a(b)(2)(B)(viii)); "the plain language of Texas Family Code 261.201 deems DFPS records of alleged… 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 pleadings contain sensitive information about children and family members; restriction protects the privacy rights of both; the court "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 the order with the District Clerk of Fannin County; (b) provide a copy to each attorney designated by the Court as attorney ad litem for children or parents; (c) send a copy to the appropriate CASA agency; and (d) submit a copy to the District Judge of Fannin County. Signed May 22, 2024.
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.
Tenth (10th) Court of Appeals — Standing Order No. 1, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.
Tenth (10th) Court of Appeals — Standing Order No. 2, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.