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Gates v. Fort Bend County Child Advocates5/26/2005
Appellant, Gary Gates Jr., as next friend of D.G. and M.G., his minor sons ("the Gateses"), appeals from a final summary judgment denying the Gateses' motion for partial summary judgment, granting the summary judgment motion of appellees, Fort Bend County Child Advocates, Inc. ("FBCCA"), Linda Schultz, and Bonnie Martin (together, "appellees"), and rendering a take-nothing judgment on all of the Gateses' claims against appellees. We determine whether (1) the Gateses have raised a meritorious appellate challenge to the summary judgment rendered on their claims for breach of contract; (2) the trial court erred in rendering summary judgment on the Gateses' remaining claims on the ground of lack of duty; (3) the trial court erred in failing to make the declarations that the Gateses had requested; and (4) the trial court abused its discretion in denying the Gateses' request for a continuance to take certain depositions. We affirm.
Background
FBCCA was a non-profit corporation founded in 1991 to work on behalf of abused, neglected, and abandoned children in Fort Bend County. FBCCA ran four programs under its corporate umbrella: (1) a Court-Appointed Special Advocates ("CASA") program for Fort Bend County, (2) a Children's Advocacy Center ("CAC") for Fort Bend County, (3) Diligent Search, and (4) Family Assistance. Only the first two programs are at issue in this case.
FBCCA's CAC, established in 1996, was established and operated pursuant to chapter 264 of the Family Code. See Tex. Fam. Code Ann. §§ 264.401-.411 (Vernon 2002) (providing for establishment of CACs). This CAC's goals included minimizing the number of interviews of alleged child-abuse victims, enhancing communications among investigators and agencies, facilitating abused children's timely and effective access to services, allowing for improved prosecution of child-abuse cases, providing victims and their families referrals and information, and educating community professionals involved in child abuse. FBCCA's CAC would often perform child-abuse interviews pursuant to court order and at the request of Texas Department of Family and Protective Services ("TDFPS").
FBCCA's CASA program was also established and operated pursuant to chapter 264 of the Family Code. See Tex. Fam. Code Ann. §§ 264.601-.613 (Vernon 2002) (providing for establishment of court-appointed volunteer advocate programs). This CASA program's mission was to advocate for the best interest of children in the custody of Children's Protective Services ("CPS"). Its volunteers were assigned to act as guardians ad litem for children in CPS's custody and also to gather and to provide courts with information regarding abused children.
A.G. was the daughter, and one of 13 children, of Gary and Melissa Gates. In late January 2001, a school employee noticed a bruise on A.G.'s cheek. After A.G. gave conflicting reports of how the bruise happened---A.G. may have indicated that her father, her brother (D.G.), or a classmate caused or aggravated the bruise ---the school contacted TDFPS, which removed A.G. from her classroom and took her to FBCCA. Bonnie Martin, a forensic interviewer with CAC, interviewed A.G. about the bruise. A.G. told Martin that another brother, M.G., had caused the bruise. Martin did not ask A.G. any body-inventory or sexual-abuse questions.
TDFPS then requested that Mr. Gates allow it to interview his family members. Mr. Gates refused. Accordingly, within a matter of days, TDFPS filed in district court a "petition in aid of investigation of a report of child abuse," in an attempt to obtain interviews of the Gates children and parents in support of the investigation of the possible physical abuse of A.G
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