Eric Schachar v. Stephanie Muth, in Her Official Capacity, Commissioner Texas Department of Family and Protective Services

ACCEPTED
15-25-00226-CV
Appellate Docket Number: FIFTEENTH COURT OF APPEALS
Appellate Case Style: E ri c Schachar AUSTIN, TEXAS
Vs. Stepha ni e M uth , in her officia l capac ity, Commi ss ioner, TX DFPS 12/8/2025 12:00 AM
Companion CHRISTOPHER A. PRINE
Case(s): CLERK
Amended/Corrected Statement D FILED IN
15th COURT OF APPEALS
DOCKETING STATEMENT (Civil) AUSTIN, TEXAS
Appell ate Court: 15th Court of Ap pea ls ~ 12/8/2025 12:00:00 AM
(to be filed in the court of appeals upon perfectio n of appe;r'under TRAP 32)
CHRISTOPHER A. PRINE
Clerk
NOTE: Because space for additional pa11ies I attorneys is limited 011 this.form, you can include the information on a separate document. As per TRAP
32.J and 9.4, please include part-., 's name and the name, address, email address, telephone number, fax numbe1; fl any, and Stale Bar Number of the
party 's lead counsel. lf"the party is 1101represented by an attomey, that party 's name, address, telephone 11u111ber._/i:1x number should be provided.

I. Appellant II. Aooellant Attorney(s) - Continued
18]Person □ O rgani za ti on D Lead Atto rn ey Se lect
Na me: Eri c Schachar ame:
D Pro Se Ba r 0.

If Pro Se Party, enter the followin g information: Finn/ Agency:
Address: Address l:
City/State/Z ip : Address 2:
Tel. Ext. Fax: C ity/State/Z ip:
E ma il: Tel. Ex t. Fax :
II. Appellant Attorney(s)
Ema il :
181 Lead Attorney Reta ined Attorney
G □ Lead Attorney Select
Na me: Joe l Scbachar
Na me:
Bar No. 24085578
Bar 0.
Firm/ Agency: Law Office of Joe l S. Sc hachar
Fi rm/ Agency:
Address I: PO Box 11 3002
Address I :
Add ress 2:
Add ress 2:
C ity/ State/Zi p: Carroll ton, TX 750 1 l
C ity/State/Z ip:
Tel. (2 14)73 1-4743 Ex t. Fax :
Tel. Ext. Fax :
Ema il : joe lschaeharlaw@gmail.com
Email :
D Lead Attorney Select
D Lead Attorney Select
Name:
Name:
Bar o.
Bar 0.
Firm/ Agency:
Finn/ Agency:
Address I :
Address l :
Address 2:
Address 2:
C ity/State/Zip:
City/State/Zip :
Tel. Ext. Fax:
Tel. Ext. Fax:
E ma il :
Ema il :

Page 1 of 11
Ill. Appellee IV. Aooellee Attorney(s) - Continued
181Pcrson □ Organization D Lead Attorney Se lect
Name: Stephanie Muth ame:
0Pro Se Bar No.
If Pro Se Party, enter the following information: Fi rm/ Agency:
Address: Address I:
City/State/Zip: Address 2:
Tel. Ext. Fax: City/State/Zip:
E ma il : Tel. Ext. Fax:
Email:

IV. Appellee Attorney(s)
181 Lead Attorney Retained Attorney [:] □ Lead Attorney Select

Name: Bradley Wurster Name:

Bar No. 24106633 Bar No.
Firm/ Agency: Attorney General's Office Firm/ Agency:

Address I : PO Box 12548, Capitol Station Address 1:
Address 2 : Address 2:

City/State/Zip: Austin, TX 78711-2548 City/State/Zip:
Tel.(512 )475-4 197 Ext. Fax: (512) 320-0167 Tel. Ext. Fax:
Emai I: brad. wurster@oag.texas.gov Email:

D Lead Attorney Select D Lead Attorney Select
Name: Name:
Bar No. Bar No.
Firm/ Agency: Firm/ Agency:
Address I : Address I:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email : Email:

Page 2 of 11
V. Perfection of Appeal, Jud2ment and Sentencin2
ature of Case (Subject matter or type of case): Administrative Appeal
Date Order or Judgment signed: 11/26/2025 Type of Judgment: Dismissal
Date Notice of Appeal fi led in Trial Court: 12/03/2025
If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealab le order: D Yes 181No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): □ Yes 181No
If yes, please specify statutory or other basis on which appeal is accelerated :

Parental Terrnination or Child Protection? (See TRAP 28.4) : □ Yes 181 o
Permissive? (See TRAP 28.3): D Yes 181 No
If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28 .2): D Yes 181No
If yes, please specify statutory or other basis for such status:

Appea l shou ld receive precedence, preference, or priority under statute or rule? D Yes 181No
If yes , please spec ify statutory or other basis for such status:

Does this case involve an amount under $100,000? D Yes 181 No
Judgment or Order disposes of all parties and issues? 181 Yes □ No
Appea l from final judgment? ~Yes □ No
Does the appea l involve the constitutionality or the validity of a statute, rule, or ordinance? ~ Yes □ No
If yes, you must also complete and file the Challenge to Constitutionality of a State Statute fom1 .
If yes, is the Attorney General of Texas a party to the case? ~Yes □ No

VI. Actions Extendin2 Time to Perfect Anneal
Motion for New Trial: O Yes ~ No If yes, date filed:
Motion to Modify Judgment: D Yes ~No If yes, date filed:
Request for Findings of Fact and Conclusions of Law: □ Yes 181 0 If yes, date filed:
Motion to Reinstate: □ Yes ~No If yes, date filed:
Motion under TRCP 306a: 0 Yes ~ No If yes, date filed:
Other: D Yes ~ No
If Other, please specify:

Page 3 of 11
VD. Indigencv of Partv (Attach file stamped conv of Statement and conv of the trial court order.)
Was Statement oflnability to Pay Court Costs filed in the trial court? D Yes ~ No
If yes, date filed:
Was a Motion Challenging the Statement filed in the trial court? □ Y es ~No

If yes, date filed:
Was there any heari ng on appellant's ability to afford court costs? □ Y es ~No

Hearing Date:
Did trial court sign an order under Texas Rule of Civi I Procedure 145? D Yes~ No

Date of Order:
Jf yes, trial court finding: D Chall enge Sustained D Overruled
VIII. Bankruptcv
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?
□ Yes ~No

If yes, please attach a copy of the petition.
Date bankruptcy filed:
Bankruptcy Case Number:

IX. Trial Court and Record
Court: 250th Judicial District Clerk's Record
County: Travis Trial Court C lerk: 0Di strict □ County

Trial Court Docket No. (Cause No.): Was Clerk's record requested? 0 Yes □ No
D-l-GN-25-000881
If yes, date requested : 12/04/2025
Trial Court Judge (who tried or disposed of the case):
If no, date it will be requested:
Name: Cory Liu
Were payment atTangements made with clerk?
Add ress I: 1700 Guadalupe
0 Yes D No D Indigent
Address 2: 9th Floor
(Note: No request required under TRAP 34.S(a),(b).)
City/State/Zip: Austin, TX 7870 I
Tel. (512) 854-9312 Ext. Fax:
Emai I: 250.subm ission@traviscountytx.gov

Page 4 of 11
IX. Trial Court and Record - Continued
Reporter's or Recorder's Record
ls there a Reporter ' s Record? ~ Yes D No
Was Reporter's Record requested? ~ Yes D No
If yes, date requested: 11/21/2025
If no, date it will be requested:
Was the Reporter's Record electronically recorded? ~ Yes D No
Were payment arrangements made with the court reporter/court recorder? ~ Yes □ No D Indigent

181 Court Reporter D Coui1 Recorder D Court Reporter D Court Recorder
D Official D Substitute D Official D Substitute
Name: Jamie Foley Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. (512) 854-0246 Ext. Fax: Tel. Ext. Fax:

Email: _jamie.foley@traviscountytx.gov Email :

X. Suoersedeas Bond
Supersedeas bond filed? D Yes 181 No
If yes, date filed:
If no, will file? D Yes ~No

XI. Extraordinary Relief
Will you request extraordinary relief (e.g., temporary or anci llary relief) from this Court? 181 Yes D No
If yes, briefly state the basis for your request:
Temporary Injunction from being listed in the DFPS Central Registry

Page 5 of 11
XII. Alternative Dispute Resolution/Mediation
Com lete section if filin in the 151, 2 nd, 4 th , 5th, 6th 8th , 10th 11 th , 13 th or 14th Court of A eals.
Shou ld this appea l be refen-ed to mediation ? D Yes □ No
If no , please specify:
Has this case been through an ADR procedure? □ Y es □ N o
If yes, w ho was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? D Pre-Trial D Post-Trial □ Other
If other, please specify:
Type of Case? Administrative Appeal
Give a brief description of the issue to be raised on appeal , the relief sought, and the applicab le standard for review, if
known (without prejudice to the right to raise additional issues or request additiona l relief):

How was the case disposed of?
Sum mary of relief granted, including amount of money judgment, and if any, damages awarded .
If money judgment, what was the amount? Actual damages:
Punitive (or simi lar) damages:
Attorney ' s fees (tria l):
Attorney ' s fees (appellate):
Other:
If other, please specify:
W ill you challenge this Court'sjmisdiction? □ Yes □ No
Does judgment have language that one or more parties "take nothing"? D Yes D No
Does judgment have a Mother Hubbard clause? □ Yes □ No
Other basis for finality:

Page 6 of 11
XII. Alternative Dispute Resolution/Mediation - Continued
Com lete section if filin in theist, 2nd, 4 th 5th , 6th 8th , 10 th , 11 th , 13 th or 14th Court of A eals.
Rate the complexity of the case (use 1 for least and 5 for most complex): D l D 2D3 D4 D5
Please make my answer to the preceding questions known to other parties in this case? D Yes D No
Can the parties agree on an appellate mediator? D Yes D No
If yes, please give the name, address, telephone, fax, and email address:
Name:
Address:
Telephone: Ext.
Fax:
Email:
Languages other than English in which the mediator shou ld be proficient:

Name of the person filling out mediation section of docketing statement:

XIII. Related Matters
List any pending or past related anneals before this, or any other Texas Appellate Court, by Court, Docket, and Style.
Court: Select Appellate Court Docket:
Style:
Vs.

Court: Select Appellate Court Docket:
Style:
Vs.

Court: Select Appellate Court Docket:
Style:
Vs.

Court: Select Appellate Court Docket:
Style:
Vs.

Court: Select Appellate Court Docket:
Style:
Vs.

Court: Select Appellate Court Docket:
Style:
Vs.

Page 7 of 11
XIV. Pro Bono Program:
(Complete section if filine: in the 151, 2nd , 3 rd , 5th , 7th , 13 th or 14th Court of Appeals.)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee
and local Bar Associations, are conducting a program to pl ace a limited number of civil appeals with appellate counsel
who wi II represent the appellant in the appeal before thi s Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program
based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is
selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the
appellant or appellee without charging legal fees . More information regarding this program can be found in the Pro Bono
Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http ://www.tex-app .on!. If your case
is selected and matched w ith a volunteer lawyer, you will receive a letter from the Pro Bono Comm ittee with in thirty (30)
to forty-five (45) days after submitting this Docketing Statement.
Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono
Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not
forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the
Pro Bono committee to transmit publicly available facts and information about your case, including parties and
background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.
Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes D o
Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the
committee may have regarding the appeal? D Yes □ No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the
information used so lely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file -stamped copy of that
Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty
Guidelines? D Yes D No
These guidelines can be found 111 the Pro Bono Program Pamphlet as well as on the internet at
http: //aspc. hhs. gov/povcrty/06povcrty.shtml .
Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes D No
If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee.
Sample forms may be found in the Clerk's Office or on the internet at http: www.tex-app.org. Your participation in
the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial
circumstances.

Give a brief description of the issues to be raised on appeal , the relief sought, and the applicable standard of review, if
known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if
necessary) .

Page 8 of 11
XV. Fifteenth Court of Aooeals Jurisdiction
Effective 9/l /24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB
1045 , 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the
following information.
Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other
agency in the executive branch of the state government, including a university system or institution of higher education
as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board,
commission, department, office, or other agency in the executive branch of the state government arising out of that
officer's or employee's official conduct? ~Yes □ No
If the answer is yes, does this appeal involve:
D a proceeding brought under the Family Code and any related motion or proceeding;
D a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure;
□ a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal
jurisdiction;
D a proceeding relating to a mental health commitment;
D a proceeding relating to civil asset forfeiture;
D a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain ;
D a proceeding brought under Chapter l O1, Civil Practice and Remedies Code ;
□ a claim of perso nal injury or wrongful death ;
D a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance;
D a proceeding brought under Chapter 55 , Code of Criminal Procedure;
D a proceeding under Chapter 22A, Government Code;
D a proceeding brought under Subchapter E-1, Chapter 4 l l , Government Code;
D a proceeding brought under Chapter 21, Labor Code;
D a removal action under Chapter 87, Local Government Code;
D a proceeding brought under Chapter 841 , Health and Safety Code;

XVI. Sienature
/Lt /J,j - .l
J &-
1210612025
Signat(ire'6f counsel (or Pro Se Party) Date
Joel Schachar 24085578
Printed Name State Bar No .
Isl Your Name Joel Schachar
Electronic Signature (Optional) Name

XVII. Certificate of Service
The undersigned counsel certifies that this Docketing Statement has been served on the followino0 lead counsel for all
parties to the Trial Cowi's Order or Judgment as follows on:

Isl Your Name
Electronic Signature (Optional)

24085578
State Bar No.

Certificate of Service Requirements (TRAP 9.S(e)): A certificate of service must be signed by the person who made the service and
must state:
(I) the date and manner of service;
(2) the name and address of each person served, and
3) if the erson served is a ar 's attorne , the name of the

Page 9 of 11
Please enter the followine for each oerson served:
Date Served : 12/06/2025 Date Served:

Mann er Served: eScrve Mann er Served : Select

Name: Brad ley Wurster Name:

Bar No . 24 106633 Bar No.

Firm/ Agency: Office of the Attorney General of Texas Finn / Agency:

Address I: PO Box 12548 , Capi to l Stati on Add ress l :

Address 2: Add ress 2:

C ity/State/Zip: Austin , TX 787 11-2548 C ity/State/Z ip :

Te l. (5 12)475 -4197 Ext. Fax: (5 12) 320-0 167 Tel. Ext. Fax:

Ema il: brad .wurster@oag.texas .gov Ema il :

Pa1ty : Stephani e Muth Party:

Date Served : Date Served :
Manner Served: Select Manner Served: Se lect

ame: Name:
Bar No. Bar No.
Firm/Agency : Firm/ Agency:
Address I : Address I :
Address 2: Add ress 2:
C ity/State/Zip : C ity/State/Z ip :
Tel. Ext. Fax: Te l. Ext. Fax :
Email : Ema il:
Party: Party:

Date Served:
Manner Served: Select
Na me:
Bar No .
Firrn/ Agency:
Add ress I:
Address 2:
City/State/Z ip :
Tel. Ext. Fax:
Ema il:
Party:

Page IO of 11
Please enter the followintz for each person served that is not an attorney for a party:
Date Served : Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address l : Address I:
Address 2: Add ress 2:
C ity/State/Z ip : City/State/Zip:
Tel. Ext. Te l. Ext.
Fax: Fax:
Ema il : Ema il :

Date Served : Date Served:
Manner Served: Select Mann er Served: Select
Name: Name:
Address I : Address I:
Address 2: Address 2:
City/State/Zip: C ity/State/Z ip :
Tel. Ext. Tel. Ex t.
Fax: Fax:
Ema il: Ema il :

Date Served : Date Served:
Mann er Served: Select Man ner Served: Select
Name: Name:
Address 1: Add ress 1:
Address 2 : Address 2:
City/State/Z ip : City/State/Zip:
Tel. Ext. Tel. Ext.
Fax : Fax:
Email: Emai l:

Page 11 of 11
Challenge to Constitutionality of a State Statute Print

This form must be completed by a party filing a petition, motion or other plea~ing ~hallenging t~e
constitutionality of a state statute. The completed form must be filed with the court 111 which the cause 1s
pending as required by Section 402.010 (a-1), Texas Government Code.

Court (I/K11oll'l1) : 15th Court of Appeals
Cause Number (I/Kno,111J :

Styled: Eric Schachar v Stephanie Muth, in her official capacity, Commissioner, TX DFPS
(e.g. , John Smith v. All American Insurance Co.; in re Mary Ann Jones; In the Matter of the Estate of George Jackson)

Contact information for party* challenging the constitutionality of a state statute. (*If party is not a person, provide
contact information for party, party's representative or attorney.)
Name: Joel Schachar Telephone: 2147314743
Address: PO Box 113002 Fax:
City/State/Zip: Carrollton, TX 75011 State Bar No. (if applicable): 24085578
Email: joelschacharlaw~Qmail.com

Person completing this form is: 0 Attorney for Party D Unrepresented Party D Other:
Identify the type of pleading you have filed challenging the constitutionality of a state statute.

0 Petition D Answer D Motion (Specify type):
D Other:
Is the Attorney General of the State of Texas a party to or counsel in this cause?

0 Yes D o
List the state statute(s) being challenged in your pleading and provide a summary of the basis for your
challenge. (Additional pages may be attached if necessary.)

Texas Administrative Code 745. 731 (a):

Designating someone a "designated perpetrator" without judicial review, for listing in the DFPS Central Registry. This is state
action against vested property rights without judicial review/due process.

Texas Administrative Code 707.571(3) II Department of Family and Protective Services Rule 1290: unconstitutionally vague in
the timing of their application, as no reasonable person could know the time frame for its application , particularly on a perpetual
basis.

As a direct continuation of 745.731 (a), they also incorporate 745.731 (a)'s unfounded use of "designated perpetrator"
designation to skip judicial review/due process of the finding itself and instead target release of the unconstitutionally-held
information. This unfounded use of "designated perpetrator" without a provision for judicial review of the finding itself makes
these statutes null and void as a violation of vested property rights.

9 5 13
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Joel Schachar
Bar No. 24085578
joelschacharlaw@gmail.com
Envelope ID: 108805640
Filing Code Description: Docketing Statement
Filing Description:
Status as of 12/8/2025 7:31 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Bradley Wurster brad.wurster@oag.texas.gov 12/6/2025 4:00:29 PM SENT