Form 46-2

Although chapter 34 of the Texas Family Code permits a parent to enter an authorization agreement with a person with whom the child is placed under a parental child safety placement agreement approved by the Texas Department of Family and Protective Services, this form does not address such a situation, which would undoubtedly involve the department.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

[Petition/Motion] for Order Approving Execution of Authorization Agreement[s] for Adult Caregiver

[Name[s] of petitioner[s] or movant[s]], [Petitioner[s]/Movant[s]], request[s] the Court to issue an order granting [Petitioner[s]/Movant[s]] approval and permission to execute [an] Authorization Agreement[s] for Adult Caregiver. In support, [Petitioner[s]/Movant[s]] show[s]:

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

2.Petitioner[s] object[s] to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.This Petition for Order Approving Execution of Authorization Agreement[s] for Adult Caregiver is brought by [name[s]], Petitioner[s]. [The last three numbers of [Petitioner/[name]]’s driver’s license number are [numbers]./[Petitioner/[name]] has not been issued a driver’s license.] [The last three numbers of [Petitioner/[name]]’s Social Security number are [numbers]./[Petitioner/[name]] has not been issued a Social Security number.] [If applicable, repeat statements for other petitioner.] Petitioner[s] [is/are] the parent[s] of the child[ren].

Respondent is [name of respondent]. [Respondent should be served with process [include if applicable: at [address, city, state, zip code]]/No service on Respondent is neces­sary at this time].

4.This Court has continuing, exclusive jurisdiction of this suit.

5.The following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

County of residence:

6.The following parties may be affected by this suit:

Name:

Relationship: [e.g., managing conservator, possessory conservator, parent, guardian of person, guardian of estate]

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

7.Movant[s] [is/are] the [petitioner[s]/respondent[s]] in this case. [Name of respon­dent] is the [respondent/petitioner].

8.[Petitioner[s]/Movant[s]] request[s] that the Court grant [Petitioner[s]/Movant[s]] approval and permission to execute [an] Authorization Agreement[s] for Adult Caregiver authorizing certain acts permitted by section 34.002 of the Texas Family Code with regard to the child[ren] in the form attached to this [petition/motion] as Exhibit[s] [exhibit number[s]/letter[s]].

9.The adult caregiver is [name of adult caregiver].

10.Approval of execution of the authorization agreement[s] is in the best interest of the child[ren] because [specify].

11. [Petitioner[s]/Movant[s]] pray[s] that the Court grant approval and permission to [Petitioner[s]/Movant[s]] to execute the Authorization Agreement[s] for Adult Caregiver as requested above. [Include if applicable: Petitioner[s] pray[s] that citation and notice issue as required by law.] [Petitioner[s]/Movant[s]] pray[s] for general relief.

   
[Name]
Attorney for [Petitioner[s]/Movant[s]]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Conference

A telephone conference was attempted on [date] with [name], the attorney for the opposing party, on the merits of this motion. Agreement could not be reached; therefore, the motion is presented to the Court for a determination.

   
[Name]
Attorney for [name[s] of movant[s]]

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name[s] of movant[s]]