CAUSE NO.

91257-F

IN THE INTEREST OF § IN THE DISTRICT COURT OF

§
§
DOMINIC ANTHONY SMITH § BRAZORIA COUNTY, TEXAS
DANIEL SMITH §
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CHILDREN § 300TH JUDICIAL DISTRICT
§

RESPONDENT RYAN SMITH FIRST SET OF REQUEST FOR PRODUCTION AND

INSPECTION OF DOCUMENTS TO PETITIONER TEXAS DEPARTMENT OF
FAMILIES & PROTECTIVE SERVICES (TDFPS)

TO: TEXAS DEPARTMENT OF FAMILIES & PROTECTIVE SERVICES

PETITIONER RYAN SMITH serves this, requests for production. PETITIONER shall

serve written responses to this request within thirty (30) days after the date of service.

PETITIONER shall provide the requested documents for inspection and copying at the office of

Edward A. Rose, Jr., Attorney at Law, PC at 3027 MARINA BAY DRIVE SUITE 208

LEAGUE CITY, TEXAS 77573 or provide copies of the requested documents at or before the

due date. PLEASE COORDINATE AN ACCEPTABLE TIME.

I.
DEFINITIONS AND INSTRUCTIONS

1. Under the Texas Rules of Civil Procedure, you are under a duty to amend a prior answer
to a production request if it obtains obtain information upon the basis of which:

a. You know that the answer was incorrect when made; or

b. You know that the answer, though correct when made, is no longer true
and the circumstances are such that a failure to amend the answer is in
substance a knowing concealment.

2. The terms "you," "your," "yours", “PETITIONER” shall mean, unless otherwise
specified in a particular request, TDFPS in this proceeding and/or any agent,
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 representative, employee, your attorneys, your investigators, or any individual and/or
entity action on your behalf.

3. The terms “document” or “documents” shall mean all documents and tangible things, in
the broadest sense allowed under Texas law, and include, but are not limited to,
information contained in computer storage and other electronic information retrieval
systems, drafts, originals and nonconforming copies which contain deletions, insertions,
handwritten notes or comments, however produced or reproduced, or to any other
tangible permanent record, and without limitation, shall include, among other things,
accident reports, medical reports, work safety logs, employment records, all marketing
material, bids, letters, correspondence, records of discussions, conferences, memoranda,
notes, telegrams, summaries, telephone logs and records, teletypes, bank checks, bank
deposits and withdrawal slips, bank credit and debit memoranda, records, telexes, private
wire messages, communications, calendars, diaries, appointment books, agenda of
meetings, conversations, schedules, reports, studies, appraisals, analyses, lists, surveys,
budgets, financial statements, financial projections, financial calculations, financial
audits, contracts, agreements or proposed agreements, confidentiality agreements,
periodicals, charts, graphs, interviews, speeches, transcripts, depositions, press releases,
brochures, books of account, affidavits, communications with government bodies,
invoices, notes and minutes of meetings of Boards of Directors, audit committees,
financial committees and executive committees, interoffice communications, results of
investigations, working papers, newspaper or magazine articles, records of payments,
releases, receipts, computer programs and printouts, maps, blue prints, liftings, tax
returns, vouchers, subpoenas, papers similar to any of the foregoing and other writings of
every kind and descriptions (whether or not actually used) in your possession, custody or
control; and other records of voice recordings, film, tapes, and other data compilations
from which information can be obtained whether these are resident on paper or other
media such as magnetic, electronic, or optical.

4. You are to produce all documents that are in the possession, control or custody of you or
in the possession, control or custody of any attorney for you. This includes, but is not
limited to, documents in the possession, custody, control of you, your attorneys, agents,
employees, investigators, consultants, and experts, as well as any firm, subsidiary, parent,
affiliated, or related entity, and any other entity or business in which you own a
controlling interest or over which you exercise control. You are required to use
reasonable diligence to locate the documents, including those that are not in your
immediate possession. Without limiting the term "control," a document is deemed to be
within your control if you have ownership, possession or custody of the document, or the
right to secure the document or copy thereof from any person or public or private entity
having physical possession thereof.

5. With respect to hard copy or paper production, all documents responsive to this request
shall be produced in their original form.

6. All duplicates or copies of documents are to be provided to the extent they have
handwriting, additions, or deletions of any kind different from the original documents

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 being produced.

7. Unless otherwise indicated, documents requested by this Document Request are

documents referring to, relating to, or prepared during the last five years.

8. This Document Request requires you amend or supplement your production of

documents called for by this Document Request.

9. In the event that any document requested has been lost or destroyed, you shall identify
such document and, in addition, specify (a) the date of its loss or destruction; (b) the
reason for its destruction; (c) the person authorizing its destruction; and (d) the custodian
of the document immediately preceding its loss or destruction.

10. Respondent requests that you provide a privilege log containing the descriptions specified
in Rules for each document not produced because of a claim of privilege. Such
descriptions shall specify in writing with respect to each purportedly privileged
document, its author(s), recipient(s), nature (e.g. memorandum, letter), date, subject
matter, the nature of the claimed privilege and all facts you rely on to support the claim of
privilege. Plaintiff requests that you provide such descriptions within fifteen days after
service of your response, or responses, to these documents requests.

11. Petitioner refers to DEPARTMENT OF FAMILY & PROTECTIVE SERVICES

(TDFPS) and their agents or representatives and RESPONDENT REFERS TO RYAN
SMITH SR. and his agents or representatives.

RESPONDENT RYAN SMITH FIRST SET OF REQUESTS FOR PRODUCTION

1. All documents evidencing test results of drug and/or alcohol testing on Ryan Smith.

2. All documents evidencing any allegations of sexual abuse of children by Ryan Smith.

3. All documents evidencing any psychological assessments of Ryan Smith.

4. All documents evidencing any psychiatric assessments of Ryan Smith.

5. All documents evidencing any charges for any felonies against Ryan Smith.

6. All documents evidencing any charges for any misdemeanors against Ryan Smith.

7. All documents evidencing any convictions of Ryan Smith.

8. All reports pertaining to any counseling sessions with Ryan Smith by ADEPT.

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9. All reports pertaining to any counseling sessions with Ryan Smith by any other counselor
under contract with TDFPS.

10. All documents referring to any confrontations between Ryan Smith and PETITIONER.

11. All caseworker notes.

12. All caseworker narrative logs.

13. All progress notes.

14. All records and reports of attendance for any required counseling sessions and/or classes
required to be taken.

15. All records and reports of attendance at any anger management classes.

16. All records and reports which reflect any classes or other requirements that have not been
successfully completed.

17. All documents provided to any expert you retained.

18. All documents pertaining to any CPS referrals made by any outside party (with redacting
certain information pursuant to law) to TDFPS.

19. Any and all documents which support your contention that parental rights should be
terminated pursuant to Texas Family Code 161.001(b)(1)(O) as stated in your Amended
Rule 194 Response.

20. Any and all documents which support your contention that parental rights should be
terminated pursuant to Texas Family Code 161.001(1)(D).

21. Any and all documents which support your contention that parental rights should be
terminated pursuant to Texas Family Code 161.001(1) (E).

22. Any and all documents which reflect any statements obtained by Petitioner from Ashley
Erickson-Smith, Respondent’s wife.

23. Any and all documents including phone logs which reflect any phone calls made by
Petitioner to Ashley Erickson-Smith, Respondent’s wife and vice versa.

24. Any and all documents including affidavits that you relied upon in the seizure of the
children Daniel Smith and Dominick Smith from Ryan Smith in or about April of 2017..

25. All records reflecting Monies received from any Federal or State Agency for the children
that are currently the subject of this cause for these children being in foster care.

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26. All police records including affidavits when the police participated in the seizure of the
children Daniel Smith and Dominick Smith from Ryan Smith in or about April of 2017;

27. Any and all documents that state in general the legal theories and factual bases that
support your contention that termination is in the best interest of the children.

28. Any and all documents which support your contention that the children Daniel Smith and
Dominick Smith were seized from Ryan Smith due to his alleged sexual abuse which was
a newspaper story in or about April of 2017.

29. Any and all documents including affidavits which support your contention that Ryan
Smith was or is abusive to his wife Ashley Erickson-Smith.

30. Any and all documents including affidavits which support your contention that the
children are “not safe” in the care of Ryan Smith.

31. Any and all business record affidavits.

32. Documents from third parties, such as medical professionals or law enforcement, in the
possession of the Texas Department of Family and Protective Services that relate to
Respondent or Respondent’s children, which you intend to use at trial.

33. Written statements and any other documents in the possession, custody or control of the
Department of Family and Protective Services, Department of Family and Protective
Services Attorney or other entity or person acting on behalf of the Department of Family
and Protective Services, which you intend to use at trial scheduled for March of 2018.

December 28, 2017

By /s/ Edward A. Rose, Jr.

Edward A. Rose, Jr.

edrose@edroseattorneycpa.com
S.B.N. 24081127
3027 Marina Bay Drive Suite 208
League City, Texas 77573
713-581-6029
832-201-9960 fax
Attorney for Respondent Ryan Smith

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 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing document has this
day been served electronically by transmission by email to the address listed below
and by facsimile on the 28th day of December 2017 to:

Trung Tran, Attorney for Petitioner

trungct@brazoria-county.com
facsimile (979) 849-8914

Michelle Stover
Via facsimile to (866) 973-1717

Shannon Tigner
Via facsimile to (979) 849-3345

/S/ by EDWARD A. ROSE, JR.

Attorney for Ryan Smith

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