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Standing order of the district courts of Nacogdoches County restricting public access to the court file in suits brought by the Department of Family and Protective Services: after findings under the Public Information Act, TRCP 76a, CAPTA and Family Code § 261.201, public access to pleadings, orders and documents in those suits is restricted; the district clerk may allow access only to DFPS, the parties, their attorneys, the attorney ad litem and the guardian ad litem unless the court specifically permits otherwise; the clerk files the order and distributes it to appointed ad litem attorneys, the CASA agency and the Council of Judges.
Texas > Tenth Administrative Judicial Region > Nacogdoches County > the 145th and 420th Judicial District Courts. Applies to pleadings, orders and documents filed in suits brought by the Department of Family and Protective Services under Family Code chapters 261, 262 and 264.
IN THE JUDICIAL DISTRICT COURTS OF NACOGDOCHES COUNTY, TEXAS STANDING ORDER REGARDING PUBLIC ACCESS TO DFPS COURT RECORDS On the 20th day of May, 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 these pleadings, orders, and documents are records of the judiciary and not public information subject to the Texas Public Information Act pursuant to Texas Government Code Sec. 552.003(1)(B). The Court finds that these pleadings, orders, and documents are not presumed to be open to the general public pursuant to the Texas Rules of Civil Procedure 76a(2)(a)(3). 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 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 Nacogdoches 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 Nacogdoches 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 Council of Judges of Nacogdoches County, Texas. SIGNED this 20th day of May, 2024. [signature] Jefferson Davis, Judge 145th Judicial District Court [signature] Edwin Klein, Judge 420th Judicial District Court [File stamp: FILED, NACOGDOCHES COUNTY, TEXAS, 2024 MAY 24 PM 2:52, [signature], district clerk]
IN THE JUDICIAL DISTRICT COURTS OF NACOGDOCHES COUNTY, TEXAS STANDING ORDER REGARDING PUBLIC ACCESS TO DFPS COURT RECORDS On the 20th day of May, 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 26
Reviewer note: Composed 2026-09-19 (AJR-10 Tenth Region build) from BenchPath custody sources/registered/1956.pdf (application/pdf, 491905 bytes, sha256 aab936220f727b95e8db8b3dc8791052a9427c6ceedff262a78128bba512728a; 2 pages) - the TOPICs-registered document: transcribed by eye from the rendered pages of the scanned PDF (no text layer in the file was relied on), machine OCR draft corrected page by page; signature and file-stamp blocks bracketed. Two-page image-only PDF typed from the rendered pages. Printed as on the instrument: "child and abuse cases", "alleged and abuse or neglect"; a short ruled blank stands between "Nacogdoches" and "County" in the ordering paragraph. The 420th's signatory in 2024 is not the judge now sitting; no judge join.
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.