Texas Supreme Court
In Re Department of Family & Protective Services, Relator
January 9, 200952 Tex. Sup. Ct. J. 277
Summary
The Texas Supreme Court affirmed the Court of Appeals' mandamus directing the trial court to dismiss the Department of Family and Protective Services' parental‑rights termination suit because the statutory dismissal deadlines are not jurisdictional and the trial court abused its discretion by failing to dismiss. The Court held that the Family Code requires dismissal after the one‑year deadline (or any authorized extension) and that the deadlines may be waived but not waived by agreement.