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.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

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.:
[Email address]
[Address]
[Telephone]
[Fax]

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]]