                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                              _________________
                               NO. 09-18-00015-CV
                              _________________


                                     IN RE C.B.

________________________________________________________________________

                              Original Proceeding
              418th District Court of Montgomery County, Texas
                       Trial Cause No. 17-10-11902-CV
________________________________________________________________________

                           MEMORANDUM OPINION

      In this mandamus proceeding, Relator, C.B., seeks to compel the trial court to

vacate a temporary order that appoints the Texas Department of Family and

Protective Services as the temporary sole managing conservator of Relator’s child

and order the return of the child to Relator. In a mandamus petition supported by

reporter’s records of the adversary hearing, Relator argues the Department produced

no evidence from which the trial court could find that a person of ordinary prudence

and caution could be satisfied: (1) that there is a continuing danger to the physical

health or safety of the child caused by an act or failure to act of the person entitled

                                          1
to possession of the child and continuation of the child in the home would be contrary

to the child’s welfare; and (2) that reasonable efforts, consistent with the

circumstances and providing for the safety of the child, were made to prevent or

eliminate the need for the removal of the child. See generally Tex. Fam. Code Ann.

§ 262.201(j) (West Supp. 2017). Based on the record before us, we conclude that

Relator has not shown that she is entitled to the relief requested. See Walker v.

Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, the

petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

      PETITION DENIED.



                                                           PER CURIAM


Submitted on January 10, 2018
Opinion Delivered January 11, 2018

Before McKeithen, C.J., Kreger and Johnson, JJ.




                                          2
