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In the Interest of M.S.

The trial court did not violate Texas Rule of Evidence 605 by admitting into evidence "temporary orders following adversarial hearing" and a "permanency hearing order."

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OPINION

Shana Strickland appeals the termination of her parental relationship with her five children, M.S., E.S., D.S., S.S., and N.S. Four issues are presented in her brief.

Issue one contends, “The Trial Court erred by admitting into evidence `Temporary Orders Following Adversarial Hearing’ and a `Permanency Hearing Order’ because the findings in the Orders amounted to testimony by the Trial Judge in violation of Rule 605 of the Texas Rules of Evidence.” When the Department of Protective and Regulatory Services (“CPS”) offered the temporary order, Strickland’s counsel stated, “Note my proforma objection as to not the best interest, Your Honor.” When the permanency hearing order was offered, counsel stated, “Same objection.” The trial court apparently understood the objections to be “best evidence” objections addressing authentication of the documents. See Tex. R. Evid. 1002. Strickland does not challenge authentication on appeal. No other specific ground of objection was raised, and no other specific ground is apparent from the context. Since she did not preserve error, we shall address the admission of the documents only to the extent that the Rules of Evidence exempt preservation of error. See Tex. R. Evid. 103; Tex. R. App. P. 33.1 (a).

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