Judge orders service plans, keeps DFPS as temporary managing conservator in Cumpian children case

At a status hearing in Palmer County District Court the presiding judge continued the Texas Department of Family and Protective Services (DFPS) as temporary managing conservator for three Cumpian children and ordered parents' service plans entered as orders of the court. The judge also found a continuing danger to returning the children home and set the next permanency hearing for Nov. 12, 2025, at 9:00 a.m.

The court said the department had taken steps since the July 9 recess, including filing ICPCs to place three children with a relative in Florida and setting up virtual visitation. The judge explained a pending change in state law effective Sept. 1 that will alter when failure to work service plans may be used as a basis for termination and admonished parents about the near-term significance of the current law: “Until September 1, the law is that failure to work your service plans could result in termination of your parental rights,” the judge said.

Caseworker Peyton Sim told the court she had filed ICPC requests for all three children to go with Sergio in Florida, completed family plans of service that Sergio and Grace had signed and arranged virtual visits occurring each Friday. Sim also reported in-person visits between Grace and two children were occurring and that a Spanish-speaking home-study technician (HST) would supervise future in-person visits when scheduled.

Mother Grace Amaya told the court medical issues affect two children: “Gail has had the heart murmur since he was born. He was born with a very tiny piece of heart. He has gone to cardiology, basically all his life,” she said. The caseworker also reported one child, ADL, has torticollis and another, Gail, has a heart murmur and will see a cardiologist soon.

Defense and parent-side counsel praised Sim’s work bringing the case up to date; multiple attorneys noted improved visitation and the filing of service plans and ICPCs. Counsel reported Jesus Aquino (a putative father in the matter) has been in contact by email and is being scheduled for genetic testing; attorneys emphasized they were taking steps to confirm they have identified the correct Jesus Aquino because the name is common.

The court distinguished short-term and long-term consequences under current and forthcoming law and said it would order the service plans as court orders for now. The judge further warned that although the law after Sept. 1 will not permit termination based solely on failure to follow service plans, a parent’s failure to work services “could potentially affect or restrict your parental rights and duties as a parent in any final order.”

The court directed staff to continue scheduling the ordered visits, finalize the ICPC work for placement with Sergio in Florida, and arrange genetic testing for Jesus Aquino. The hearing was continued to Nov. 12, 2025, for an initial permanency hearing on the 9:00 docket.

Background and next steps: DFPS will remain temporary managing conservator; the department and counsel will pursue the ICPC placement paperwork and the paternity testing. The judge ordered the service plans as court orders for the period before the Sept. 1 legislative change takes effect and encouraged all parties to continue services and cooperation while the ICPC process proceeds.