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TEXAS DFPS v. GRASSROOTS LEADERSHIP, INC.

NO. 03-18-00261-CV.

665 S.W.3d 135 (2023)

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; Stephanie Muth, in Her Official Capacity as DFPS Commissioner; Texas Health and Human Services; Cecile Erwin Young, in Her Official Capacity as HHSC Executive Commissioner; Corrections Corporation of America; and The GEO Group, Inc., Appellants v. GRASSROOTS LEADERSHIP, INC.; Gloria Valenzuela; E.G.S., for herself and as next friend for A.E.S.G.; F.D.G., for herself and as next friend for N.R.C.D.; Y.E.M.A., for herself and as next friend for A.S.A., Appellees.

Court of Appeals of Texas, Austin.

Filed: February 10, 2023.

Attorney(s) appearing for the Case

Kyle D. Hawkins , Houston, Nichole B. Bunker-Henderson , Austin, Todd Disher , for Appellant Henry Whitman, in his official capacity as DFPS Commissioner.

Kristofer S. Monson , Austin, Todd Disher , Nichole B. Bunker-Henderson , Austin, Kyle D. Hawkins , Houston, for Appellants Charles Smith, in his official capacity as HHSC Executive Commissioner, The Texas Department of Family and Protective Services; Texas Health and Human Services.

Andrew Edelman , Bruce Wilkin , Jay W. Brown , Cameron Dernick , for Appellant Corrections Corporation of America.

Charles A. Deacon , Bertina Buran York , San Antonio, Mark Emery , for Appellant The GEO Group, Inc.

Amy Warr , Houston, Jerome W. Wesevich , El Paso, Robert W. Doggett , Austin, Nicholas Bacarisse , for Appellee.

Before Justices Baker, Kelly, and Smith.

OPINION

This cause returns to us on remand from the Texas Supreme Court. See Grassroots Leadership, Inc. v. Texas Dep't of Fam. & Protective Servs., 646 S.W.3d 815, 821 (Tex. 2022) (per curiam). In our prior review of this cause, we determined that the plaintiffs—including...

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