Judge orders in-person reset, seeks bench warrant after jail fails to produce mother for relinquishment hearing

The Presiding Judge of the High Plains Child Protection Court reset the final hearing in the case involving Manuela Castro to July 31 and directed court staff to prepare a bench warrant to bring the mother to court if necessary after the jail failed to produce her for a scheduled videoconference appearance.

The move followed multiple attempts by attorneys to work with jail staff and several missed or inconsistent assurances that the mother could appear by Zoom. Pamela Ferguson, regional attorney for the Texas Department of Family and Protective Services, and counsel for the mother discussed several options including one attorney’s offer to travel to Lubbock to meet the mother in person and circulate a signed relinquishment and a written waiver of appearance.

The judge said the safest course was to require the mother’s physical presence. “I think the best step is to set it in person, and I think it’s to have her bench warranted and probably regardless of whether she relinquishes or not,” the Presiding Judge told the parties.

Attorneys said they would try to resolve the issue sooner if the mother executed a relinquishment and signed an explicit waiver of appearance; several attorneys agreed to circulate emails to propose alternate dates if a written relinquishment became available. The court accepted the plan that the bench warrant request be drafted immediately and held as a fallback if efforts to obtain the signed relinquishment succeed.

Parties also discussed technical arrangements for witnesses if the hearing proceeds in person but some witnesses join by Zoom. The court advised attorneys that small rural courthouses lack audio-visual setups that support multiple simultaneous Zoom connections without feedback, and suggested using one centrally placed device in the courtroom or spreading participants across multiple rooms in the courthouse.

The court directed Miss Katie to circulate scheduling options by email and asked counsel to be prepared to appear in person on July 31, assembling at 8:30 a.m. for a 9:00 a.m. call and possible 10:30 start if needed. If a relinquishment and signed waiver are obtained before the reset, the court said it would consider moving the hearing earlier and allow others to appear by Zoom.

The hearing involved repeated discussion about the jail’s inconsistent responses and the appellate risk of a relinquishment obtained without a clear written waiver of the right to appear at trial. The court and counsel emphasized documenting any waiver in writing and filing it, if a relinquishment is executed, to reduce the risk of later challenge.

The parties also agreed that the court reporter and docket logistics across neighboring counties (Bailey, Parmer and Potter counties were discussed) would inform the exact courtroom or county where the in-person hearing would be held if the Parmer County courthouse was unavailable.

The court went into recess with the reset and bench-warrant request planned as the fallback; attorneys will update the court by email if a relinquishment and waiver are obtained before July 31.