in Re C.B.

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00015-CV
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IN RE C.B.
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Original Proceeding
418th District Court of Montgomery County, Texas
Trial Cause No. 17-10-11902-CV
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MEMORANDUM OPINION
In this mandamus proceeding, Relator, C.B., seeks to compel the trial court to
vacate a temporary order that appoints the Texas Department of Family and
Protective Services as the temporary sole managing conservator of Relator’s child
and order the return of the child to Relator. In a mandamus petition supported by
reporter’s records of the adversary hearing, Relator argues the Department produced
no evidence from which the trial court could find that a person of ordinary prudence
and caution could be satisfied: (1) that there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of the person entitled
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to possession of the child and continuation of the child in the home would be contrary
to the child’s welfare; and (2) that reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made to prevent or
eliminate the need for the removal of the child. See generally Tex. Fam. Code Ann.
§ 262.201(j) (West Supp. 2017). Based on the record before us, we conclude that
Relator has not shown that she is entitled to the relief requested. See Walker v.
Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, the
petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on January 10, 2018
Opinion Delivered January 11, 2018
Before McKeithen, C.J., Kreger and Johnson, JJ.
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