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Plaintiffs are minor children in the custody of the Texas Department of Family andProtective Services (“DFPS”). They are all in DFPS’s Permanent Managing Conservatorship(“PMC”). On March 29, 2011 Plaintiffs filed suit through their next friends against Rick Perry,Governor of Texas, Thomas Suehs, Executive Commissioner of the Health and Human ServicesCommission of the State of Texas, and Anne Heiligenstein, Commissioner of the Department of Family and Protective Services of the State of Texas (collectively, “Defendants”), in theirofficial capacities.
(D.E. 1). On April 5, 2011 Plaintiffs filed a Motion for Class Certification.The Court granted their motion on June 2, 2011, holding that the requirements of Federal Rulesof Civil Procedure Rule 23 had been met. (D.E. 49). Defendants appealed to the Fifth CircuitCourt of Appeals pursuant to Rule 23(f). (D.E. 63). On March 23, 2012 the Fifth Circuitvacated the class certification order and remanded the case to this Court for proceedings in lightof the intervening Supreme Court ruling in
Wal-Mart v. Dukes,
131 S. Ct. 2541 (2011).
M.D. exrel. Stuckenberg v. Perry
, 675 F.3d 832 (5
Cir. 2012) (“
”). Plaintiffs filed a second motionto certify the class on October 5, 2012. (D.E. 160).
When the Child Protective Services (“CPS”) division of DFPS determines a child hasbeen maltreated or is at risk and should not remain in her home it removes the child and petitionsa court for Temporary Managing Conservatorship (“TMC”) over the child. If TMC is granted,
Kyle Janek has since replaced Suehs as Executive Commissioner of the Health and Human Services Commissionand John J. Specia, Jr. has replaced Heiligenstein as Commissioner of DFPS. Plaintiffs’ pleadings have beenamended to reflect these changes. (D.E. 179).
Case 2:11-cv-00084 Document 213 Filed in TXSD on 08/27/13 Page 2 of 107