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PROTECTIVE & REGULATORY SERVICES v. SCHUTZ

No. 01-00-01245-CV.

101 S.W.3d 512 (2002)

DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, Appellant, v. AnnJeanette SCHUTZ and Mark Schutz, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 24, 2003.

Attorney(s) appearing for the Case

Craig Carter, Assistant Attorney General, General Litigation Division, Austin, for Appellant.

David N. Anderson, Pearland, Dominic J. Merino, Alvin, for Appellees.

Panel consists of Justices MIRABAL, NUCHIA, and RADACK.

OPINION

SHERRY J. RADACK, Justice.

This is an appeal from a bench trial in a declaratory-judgment action. The appellees, AnnJeanette and Mark1 Schutz ("the Schutzes"), brought against the Department of Protective and Regulatory Services ("the department"). The Schutzes sought a declaratory judgment that the definition of "neglect" in Family Code section 261.001(4)(B)(i) was unconstitutionally...

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