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EXTENDED STANDING ORDER REGARDING PARENT-CHILD
VISITATION AND OTHER FACE TO FACE VISITS IN ALL CHILD
PROTECTION CASES IN HUTCHINSON, HANSFORD AND
OCHILTREE COUNTIES

1. All previously ordered parent-child visitations, sibling visitations, AAL and/or GAL
   visits, and DFPS visits as scheduled prior to this Court's Standing Order and
   Extended Standing Order, shall resume as of June 15,2020, with the stipulations
   contained herein. These stipulations are an effortto contain the spread of the
   coronavirus (COVID-19) and to protect all parties involved in face to face visits.
2. The Department of Family and Protective Services (DFPS), St FrarcbMinistbs, AALs
   and GALs are HEREBY ORDERED to make arrangements for face to face visits
   between parents, children and other individuals with court ordered visitation
   (hereafter, Participants) in accordance with this Order:
3.  All Participants with court ordered visitation shall wash their hands and have their
   temperature taken immediately prior to the visit. lf any participant has an elevated
   temperature above 99 degrees, that participant may not join in the visit. Visitation
   supervisors shall inquire if participants have beten ill or exposed to anyone with a
   confirmed case of coronavirus within the prior 21 days. lf affirmative, that participant
   will not join in the visit. All adult participants who are not the parents of the child shall
   be required to wear a mask throughout the visit.
4. This ORDER shall also apply to children who are in relative or fictive kin placements.
   Signed this 1st day of June, 2020.

/s/ Curt W. Brancheau, Judge, 84th District Court

s/s James Mosley, Judge, 316th District Court 

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EXTENDED STANDING ORDER REGARDING PARENT-CHILD VISITATION AND OTHER FACE TO FACE VISITS IN ALL CHILD PROTECTION CASES HANSFORD and OCHILTREE COUNTIES

 

1. All previously ordered parent-child visitations, sibling visitations, AAL and/or GAL visits, and DFPS visits scheduled to take place between May 9, 2020 and June 1, 2020 are HEREBY ORDERED SUSPENDED in an effort to contain the spread of the coronavirus (COVID-19) and to protect all

 

2. The Department of Family and Protective Services (DFPS), AALs and GALs are HEREBY ORDERED to make arrangements for telephonic or virtual electronic visits through Skype, Facetime, Zoom or other video communication in place of in-person visitation between May 9, 2020 and June 1,

 

3. This ORDER shall also apply to children who are in relative or fictive kin placements.

 

 

Signed this 6^th day of May, 2020.

/s/ Curtis W. Brancheau

___________________________________

Hon. Curtis W. Brancheau, Judge Presiding

84^th Judicial District Court

 

STANDING ORDER REGARDING PARENT-CHILD VISITATION AND OTHER FACE TO FACE VISITS IN ALL
CHILD PROTECTION CASES IN THE 316th AND 84TH DISTRICT COURT (HANSFORD, HUTCHINSON, AND
OCHILTREE COUNTIES).

It is hereby ordered:
1. All previously ordered parent-child visitations, sibling visitations, AAL and/or GAL visits, and DFPS
visits scheduled to take place between March 27 ,2020 and May 8, 2020 are HEREBY ORDERED
SUSPENDED in an effort to contain the spread of the coronavirus (COVID-19) and to protect all parties.
2. The Department of Family and Protective Services (DFPS), St. Francis Ministries, AALs and GALs are
HEREBY ORDERED to make arrangements for telephonic or virtual electronic visits through Skype,
Facetime or any other video communication available in place of in-person visitation between March 27,
2020 and May 8, 2020.
3. This ORDER shall also apply to children who are in relative or fictive kin placements.
Signed this 1st day of April, 2020
/s/ Curt W. Brancheau
Honorable Curt W. Brancheau
84th District Court Judge

/s/ James M. Mosley
Honorable James M. Mosley
316th District Court Judge

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IN THE SUPREME COURT OF TEXAS

Supreme Court of Texas Emergency Visitation Order (PDF Download)

════════════════════

Misc. Docket No. 20-9050

════════════════════

SEVENTH EMERGENCY ORDER REGARDING

THE COVID-19 STATE OF DISASTER

════════════════════════════════════════════════════

ORDERED that:

1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This order is issued pursuant to Section 22.0035(b) of the Texas Government Code.

2. This Order supplements and does not replace or amend prior Emergency Orders Regarding the COVID-19 State of Disaster.

3. This order applies to and clarifies possession schedules in Suits Affecting the Parent-Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any shelter-in-place order or other order restricting movement issued by a governmental entity that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic.

4. Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order(s), or courts from modifying their orders on an emergency basis or otherwise.

5. This Order is effective as of March 24, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court.

6. The Clerk of the Supreme Court is directed to:

a. post a copy of this Order on www.txcourts.gov;

Misc. Docket No. 20-9050 Page 2

b.file a copy of this Order with the Secretary of State; and

c.send a copy of this Order to the Governor, the Attorney General, and eachmember of the Legislature.

7.The State Bar of Texas is directed to take all reasonable steps to notify members ofthe Texas bar of this Order.

Dated: March 24, 2020

Misc. Docket No. 20-9050 Page 3

 

__________________________________________

 

Nathan L. Hecht, Chief Justice

Paul W. Green, Justice

Eva M. Guzman, Justice

Debra H. Lehrmann, Justice

Jeffrey S. Boyd, Justice

John P. Devine, Justice

James D. Blacklock, Justice

J.Brett Busby, Justice

Jane N. Bland, Justice

 

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84^TH DISTRICT COURT STATEMENT REGARDING HEALTH AND SAFETY CONCERNS (PDF Download)

The 84^th District Court recognizes the concern about a potential outbreak of COVID-19 (Novel Coronavirus). The health and safety of employees, attorneys, litigants, and the public remain a paramount concern. The district courts are doing their part to address these concerns in the following manner. Pursuant to the First Emergency Order Regarding the COVID-19 State of Disaster jointly issued on March 13, 2020, and the Third Emergency Order Regarding the COVID-19 State of Disaster jointly issued on March 19, 2020, by the Supreme Court of Texas and the Court of Criminal Appeals of Texas, these guidelines are effective until May 8, 2020.

• Public Health and Maximum Group Size

     The district courts will not conduct proceedings which exceed the maximum group size restrictions in effect in Hutchinson County. Anyone who is sick or who thinks they have been exposed to COVID-19 should not come to the courthouse and should contact his or her court by phone or email regarding any questions. Any concerns regarding deadlines set by rule or statute may be extended by the Court as needed in the interest of public health. In other words, please err on the side of caution rather than appear in court due to a time constraint.

• All Court Matters Will Proceed by Remote Appearance

All court proceedings will proceed by remote appearance via the Zoom app if possible. All essential proceedings will absolutely go forward using the Zoom App. You must contact each court regarding each setting. The courts will do their best to maintain the present schedule of essential and non-essential hearings using the Zoom App.

• Remote Appearances and the Zoom App

Please note:

• Zoom hearings require an internet device with the Zoom application installed; the service is free. Please familiarize yourself with the application prior to the hearing time.
• The Court rules regarding dress code and decorum still apply. Please note to comply with the Open Courts provision of the Constitution, all hearings will be broadcast on YouTube.
• All exhibits the parties wish to admit at the Zoom hearing must be marked and emailed to opposing counsel and the Court (84@hutchinsoncnty.com) by 2 p.m. the day before the set hearing.
• You will receive an invitation from the Court via email with a link to join the Zoom hearing shortly before the scheduled hearing time.
• Please note in lieu of a 10 and 1:30 docket, the Zoom hearings will be set at specific times throughout business hours by the Court Coordinators.
• Essential Court Matters

Defined Essential proceedings include, but are not limited to:

1. Criminal magistration proceedings,
2. CPS removal hearings,
3. Temporary restraining orders / temporary injunctions,
4. Juvenile detention hearings,
5. Family violence protective orders,
6. Certain mental health proceedings,
7. Criminal pleas that will result in the immediate release of the defendant from county jail, and
8. Any other matters that may be designated by a court at its discretion
9. No Jury Trials

The district courts will not be calling any jury trials during the time this order is in effect.

• Uncontested Matters by Submission Only

Beginning immediately, no uncontested matters will be heard. All agreed orders and matters that can be heard by submission should be electronically filed.

• Contact the Courts

Look on your court’s website for up to date information.  Please be patient and flexible as we are all trying to adapt to a new way of doing things. If you have any questions, please email the court coordinator.

SIGNED on 3/23/20

/s/ Curt Brancheau

Curt Brancheau

84^th District Court Judge

 

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Emergency Standing Order

                     84TH DISTRICT COURT EMERGENCY STANDING ORDER (PDF Download)

                 (Issued March 19, 2020)

 

                  84TH DISTRICT COURT STANDING ORDER REGARDING POSSESSION SCHEDULE DURING SCHOOL CLOSURES

 

This order is a standing order of the 84th District Court that applies in every suit affecting the parent-child relationship filed in Hansford, Hutchinson, and Ochiltree Counties. This includes any pending divorce case with children. Hereinafter "child “refers to a child or children the subject of a court order. IT IS ORDERED THAT:

For purposes of determining a person's right to possession and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school's closure that arises from an epidemic or pandemic, including but not limited to, what is commonly referred to as the COVID-19 pandemic. A person currently in possession of the child who is not entitled to possession of the child under the original published school schedule SHALL immediately return the child to the person entitled to possession under that schedule.

Example A: If a person had possession of the child for Spring Break, but the school has cancelled classes for the week following Spring Break, that person is NOT entitled to possession of the child. That person MUST return the child as if school had resumed following the Spring Break vacation as set out in the original published school schedule.

 

Example B; If a person has the right to possession of the child on Thursdays during the regular school term, that person is still entitled to that possession while the school is closed, until the regular school term ends, based on the original published school schedule.

Example C: In the event closures of school continue through summer, the parties shall follow the original published school schedule for the purposes of selecting and exercising their Extended Summer Possession.

WARNING TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEM ENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEYS' FEES AND COURT COSTS.

SIGNED THIS THE 19^TH DAY OF MARCH, 2020.

 

                                                                                       /s/ Curtis W.  Brancheau

                                                                                                CURTIS W. BRANCHEAU, JUDGE

84th DISTRICT COURT

                                                                                   

 Standing Order

84TH DISTRICT COURT STANDING ORDER (ENGLISH) (PDF DOWNLOAD)
84TH DISTRICT COURT STANDING ORDER (SPANISH) (PDF DOWNLOAD)