In Re Department of Family & Protective Services, Relator

Summary

The Texas Supreme Court held that the Family Code dismissal dates are not jurisdictional and that the trial court abused its discretion by failing to dismiss the parental‑rights termination suit after the statutory deadline, thereby denying the Department's request for mandamus relief. The Court affirmed the Court of Appeals' mandamus directing dismissal, and noted that the waiver provisions in the Code are exclusive. Two dissenting opinions argued that the deadlines should be treated as jurisdictional and that the majority’s construction improperly limits the parties' ability to waive them.