Overview (table of contents) Chapter 1 Chapter 2 scope of Vocational akademiernes Act purposes and tasks of the Chapter 3 Board Chapter 4 grants, loans, terms, etc.
The Danish Parliament has adopted and we know Our consent confirmed the following law: Chapter 1 scope § 1 of the Act. The law applies to professional academies for higher education.
(2). Vocational Academies are autonomous institutions within the public administration.
§ 2. Vocational Academy's name shall be laid down in the staff regulations. The term business Academy will be included in the name.
Chapter 2 Business akademiernes aims and tasks section 3. Vocational academies has the mission to provide business Academy courses and continuing education programs associated with it. This can happen by erhvervsakademiet even conducting teaching, and by an institution for vocational training for conducting teaching for vocational Academy (zoned teaching). Vocational academies to be by the provision of the above-mentioned programmes at an international professional level and meet the need for skilled workers in both the private and the public sector.
(2). The Minister may lay down rules on the content of agreements concerning interpretation of education, including in vocational Academy Award of grants to such teaching.
§ 4. Business Academy must fulfill the requirement for the provision of vocational college education and continuing vocational training in the region or the part thereof, as the Minister of education determines that commercial Academy's geographic scope. If two or more vocational academies in whole or in part have a common geographic coverage area, they must jointly fulfill the requirement for the provision of these courses in the area. The Minister may determine the conditions in which such vocational academies must make the decision jointly.
(2). The Minister may provide more vocational academies must cover a geographic area or region needs for one or more of the listed courses or vocational college must fulfill the requirement in the whole country or specific parts thereof for one or more of the listed courses.
(3). Business Academy will help to meet the students ' needs for a variety of educational and commercial environments with different identities.
§ 5. Business Academy is to develop existing and new vocational college education and continuing education, carry out development work and take care of videncenterfunktioner. Business Academy must, among other things. through national and international cooperation, and knowledge-and competence development contribute to regional and national development and growth of industries and professions, including in peripheral regions.
(2). Vocational academies, professional colleges, engineering schools and universities must work together strategically and concrete. Vocational Academies can also cooperate with other relevant research environments. Vocational academies co-operates with the occupations and professions, as vocational Academy education is aimed at.
§ 6. A business Academy can have the task, in partnership with a University College in the region where erhvervsakademiet belong, to fulfill the requirement for the provision of technical and mercantile profession bacheloruddannelser and the associated training and further education in the region or part thereof.
(2). The Minister may, however, provide more vocational academies together in partnership with one or more university colleges may have the task to cover the need for one or more of these courses in a region or a geographic area, or that the Business Academy in a partnership which it said may have the task to cover the needs of the whole country or specific parts thereof for one or more of the courses referred to in paragraph 1.
(3). Business Academy, together with the University colleges, which business Academy has partnered with pursuant to paragraph 1, developing existing and new technical and mercantile profession bacheloruddannelser and continuing education relating thereto.
(4). When Business Academy carries out the tasks under paragraph 1, it shall, together with the University College to ensure that education and knowledge is characterized by craft and development orientation, inter alia through co-operation with related research institutions, see. section 5, paragraph 2.
(5). The Minister lays down rules on partnership agreements between vocational academies and colleges, including cooperation with other educational institutions.
§ 7. Business Academy must have a system for the treatment of cases on merit and real competence assessment, which is transparent and consistent, and which provides students with a uniform and rapid treatment of applications in the field. Vocational Academy's treatment of merit and real competence cases happening in a one-tier system, which ensures confidence in the outcome of vocational college's assessment and confidence in the quality of the solution of the task.
§ 8. Business Academy must have a system for quality assurance and performance evaluation of training, development work and videncenterfunktion and are required to notify their intention.
§ 9. Business Academy may, in agreement with one or more other business academies, institutions for vocational education, University colleges, institutions for general secondary education and for general adult education etc. carry out specified administrative tasks for one or more of the mentioned other educational institutions.
(2). The Minister may lay down rules relating to the conditions referred to in paragraph 1.
§ 10. Business Academy must know offering of courses and other activities such as income generating activities follow good business practices and must not inflict other unfair competition.
§ 11. Vocational Academy's relationship shall be regulated by a statute, which must be approved by the Minister.
(2). The Minister shall lay down rules on the requirements for the content of the business akademiernes articles of Association.
§ 12. The Board carries out the overall and strategic direction of the Business Academy and ensures the quality of education and development, as well as the effective operation of the Business Academy.
(2). The Management Board shall draw up the business of the Academy Statute, see. § 11, and included a development contract with the Minister.
(3). The Board hires and dismisses vocational Academy's headmaster. Appointment as Rector is incompatible with the duties of a member of the Board of Directors of, or employment in an institution for vocational training designation are eligible for all of the Academy's Board of Governors.
(4). The Board shall determine, upon the recommendation of the Rector of the staff regulations Business Academy's organizational structure, including the identification of the organizational framework that is suitable for ensuring the achievement of the students ' needs for a varied local supply of educational and commercial environments with different identities and cultures, see. section 4, paragraph 3, and section 13, paragraph 2, so that the Business Academy can meet its purpose and carry out all its current and upcoming tasks, see. Chapter 2, and thus to the students ' ability of influence on education and teaching is ensured, without prejudice. section 13 (2) and § 21.
(5). The Board of Directors shall approve the curricula of the training as vocational Academy provider. The Board of Directors may authorize the principal to approve curricular.
(6). The Management Board shall adopt the annual budget on the recommendation of the Rector.
(7). The Board of Directors determines the guidelines for principal's business.
(8). The Board of Directors determines the capacity of the Business Academy. This also applies to the capacity of the vocational college education at institutions for vocational training, for which education is designated, without prejudice. § 3 (1), (2). PT.
§ 13. The Board of Directors may, upon the recommendation of the Rector organize vocational Academy with the main professional areas or equivalent units and provide that the management of a main area etc. After the head teacher's quantification is handled by a technical area manager etc.
(2). The Board of Directors may, upon the recommendation of the Rector organize vocational Academy with studieråd for the technical and mercantile profession bacheloruddannelser which erhvervsakademiet provider in partnership with one or more university colleges, see. § 6, in order to ensure the local education offices opportunity influence on training and education as well as vocational Academy's accomplishing the task referred to in section 4, paragraph 3.
(3). Student councils advising the Education Committee, the Rector and the Board on the organisation, implementation and development of basic education and continuing training relating thereto. Student councils shall draw up proposals for academic regulations, and any amendments thereto, to the Education Committee.
§ 14. The Management Board shall be composed of members, which contributes to the promotion of vocational college's strategic work and professional goals within the Academy's training areas with their experience and professional insight into the technical and commercial areas, as well as knowledge of labour market needs for persons with training that is offered at a vocational college. Members must also represent the professional qualifications, have experience with and insights into public and private enterprise, strategic management, organization and economy, including assessment of budgets and accounts.
(2). The Management Board shall be composed of members designated in accordance with paragraph 3 and 4. Members appointed in accordance with paragraph 3 shall constitute a majority on the Board. A member who is appointed in accordance with paragraph 3, the institution which represents the Member is appointed. A majority of the Board of Directors may not be appointed by the same institution for vocational training.
(3). An institution for vocational training in the vocational Academy's geographical area, see. section 4, paragraph 1, shall appoint at least 1 member of the Academy's Board of Governors, when 1) business institution by Division has transferred activities, assets and liabilities relating to vocational college education and continuing education with its videncenterfunktion to Business Academy, 2) the institution responsible for conducting classified teaching for vocational college, see. § 3 (1), (2). point, or 3) the institution's academic environment has been accredited to implement zoned teaching for vocational college, see. § 3 (1), (2). PT.
(4). The Board shall also be composed of: 1) not less than 1 member appointed by the University College or university colleges in the region.
2) 1 member appointed by the or the engineering colleges, which have a range of courses in the region.
3) 2 members appointed jointly by the municipal councils and Regional Council of vocational college's geographical area.
4) 2 members appointed by and among business Academy employees and employees at the Business Academy's courses at the institutions that implement education of vocational college. The members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.
5) 2 members appointed by and among the students at the vocational Academy education.
(5). The Management Board shall elect a Chairman from among the members appointed in accordance with paragraphs 3 and 4, nr. 1-3. the provisions of paragraph 6. The following persons may not be members of the Board of Directors: 1) Persons who rent properties, etc. for Business Academy.
2) members of the Board of Directors of foundations, companies, associations or other companies who rent properties, etc. to the vocational Academy, or which control landlord of properties, etc. for Business Academy.
3) Lawyers, accountants or similar counsel to persons who are covered by nr. 1, or for funds, companies, associations or other businesses, which are covered by the No. 2.4) Employees in senior positions with individuals who are covered by the No. 1, or in foundations, societies, associations or other businesses, which are covered by the No. 2. Paragraph 7. Excluded from the scope of paragraph 6 are persons who, pursuant to paragraph 3 are designated by an institution for vocational training.
(8). Are tenancy of a negligible, paragraph 6, nr. 1-4, shall not apply. The Minister may lay down rules to that effect.
§ 15. Udpegningsret an institution pursuant to section 14, paragraph 3, nr. 2 and 3, to the vocational Academy's Board of Governors will lapse when 1) seized the institution teaching for vocational college is terminated as a result of refusal or withdrawal of accreditation, 2) seized the institution teaching for vocational college ceases for any other reason than refusal or withdrawal of accreditation, including the laying of teaching to another educational institution, and the Board with 2/3 majority decision about cancellation of designation right or 3) on the accredited environmental not implemented zoned teaching for vocational college and the Board of Directors with 2/ 3 majority decision about cancellation of designation right.
(2). The boards of the Business Academy and institution for vocational training should be in an agreement on the Division of the basic regulation. section 36, paragraph 7, incorporate provision for lapse of udpegningsret pursuant to section 14, paragraph 3, nr. 1. § 16. Board members, who are appointed by the institutions for vocational training, if udpegningsret has lapsed under section 15 (1) (8). 1, resign immediately by the Board of Directors.
(2). Board members, who are appointed by the institutions for vocational training, if udpegningsret has lapsed under section 15 (1) (8). 2 or 3, or lapsed in accordance with an agreement entered into under section 15, paragraph 2, could continue as members of the Board of directors until functional period.
§ 17. The Board is the Minister responsible for the business in the face of the Academy's total business, including for the management of the State grants, etc.
(2). If the Board fails to comply with an order of the Minister of education for the rectification of specified conditions, the Minister may decide, to functions of the Administrative Board 1) or part thereof for a period of time should be undertaken by persons designated by the Minister for education, or 2) that the Board should resign so that a new Board will be appointed according to the rules of the Business Academy Statute.
(3). If the Board of directors by its dispositions brings Business Academy's continuation at risk, the Minister may decide that the Board resign immediately, and may in this connection insert a temporary control, pending the appointment of a new Board of Directors in accordance with the rules of the Business Academy Statute.
§ 18. The Board of Directors shall manage the business of the Academy funds, so they turn into the greatest possible benefit for the business purposes of the Academy.
(2). Business Academy is committed to maintain its buildings on a sound level in accordance with a multi-year plan approved by the Board of Directors and to ensure a sound standard of equipment, etc. to the eligible activities.
(3). Vocational college should be the greatest possible account of safety put the cash on one or more of the following ways: 1) in fund assets or debt securities, for which the Danish State or a Danish municipality stands as issuer or guarantor.
2) in fund assets issued by mortgage credit institutions, municipal Credit or other Danish financial institutions under public supervision.
3) As deposits in financial institutions resident in Denmark or in another country within the European economic area (EEA).
4) in securities from an EU/EEA Member State, with the exception of shares and unit trust which, by their nature and safety can be equated to the assets referred to in point 1. 1 and 2.
(4). The Board of Directors may regardless of the provision in paragraph 3, no. 4, taking the utmost account of the security, to the extent necessary, affix the cash resources in cooperative evidence with limited liability or in shares in the Bank, which uses as its usual banking business Academy connection, and in evidence with limited liability cooperative utilities, etc., if erhvervsakademiet thereby achieve economic benefits. Shares and the shares to be disposed of, if the financial institution or change business Academy no longer achieves the intended benefit.
§ 19. Vocational Academy's top day-to-day management is carried out by the principal within the framework laid down by the Board of Directors. Vocational Academy Rector participates in the meetings of the management board without the right to vote. Rector or principal so requests, may also participate in meetings as needed in other collective compound bodies set up by the Board of Directors, in the Business Academy.
(2). The Rector or Rector authorizes it, hires and dismisses the rest of the staff.
(3). The Rector shall submit the budget to the Board of Directors.
(4). The Rector of the Board of Directors has responsibility for that 1) training and other tasks, including the education and training undertaken within zoned teaching, see. § 3 (1), (2). paragraph shall be implemented in accordance with the legislation regulating education or tasks, and the appropriations allotted, 2) of the Board approved budget respected and 3) vocational Academy company otherwise in accordance with the Governing Board's decisions and guidelines.
(5). The Rector or Rector authorizes thereto, shall decide on the admission of applicants to education, including the education and training undertaken within zoned teaching, see. § 3 (1), (2). point, and disciplinary action, without prejudice. § 47.
(6). Rector draw Business Academy, with the exception of transactions of real estate.
§ 20. The Board of Directors on the recommendation of the Rector shall establish a training range for each basic training and continuing education, associated as Business Academy is authorized to operate, unless essential considerations speak in order to gather more closely related education as a whole. The Education Committee is tasked to advise the Board, the Rector and the management of the educational area of education content, profile, quality and relevance, as well as on the regional educational coverage. The Education Committee gives recommendations on the curricula within the Committee of the regions to the Board of directors or the head teacher's approval, see. Article 12, paragraph 5.
(2). The Education Committee consists of 10-12 members. The Committee shall be composed of persons with competence in the field of development and quality assurance of education and persons with knowledge of the labour market.
(3). 2 of the members are appointed by and among the employees at the Business Academy and at the Royal Danish Academy of business education on the institutions by zoned teaching, see. § 3 (1), (2). section, conducts courses for vocational Academy. The appointment must be made by and among the employees, who primarily are employed within the Committee of the training area. Members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.
(4). 2 of the members are appointed by and among the students who are admitted within the Committee of the training area.
§ 21. At each business Academy has students entitled to on the basis of the election to form a Council. The Council shall appoint representatives for the students to committees, etc., as Business Academy has been set up to address issues of importance for students.
§ 22. The decision to bring a lawsuit against the Board members, managers, accountants or other on the occasion of the loss suffered by the Business Academy can be taken by the Board or by the Minister for education.
Chapter 4 grants, loans, terms, etc.
§ 23. Vocational Academy's funds may only get business Academy's purpose.
(2). Business Academy disposes freely within its purpose through the use of the governmental grants and other income as a whole. However, it is a condition that the teaching and the other tasks, for which subsidy is granted, shall be carried out in accordance with the rules in force and for the number of students who are granted subsidies for. Vocational Academies can save reimbursement for the use intended in subsequent fiscal year.
§ 24. The Minister shall provide vocational Academy institutional grants, which shall be determined at the annual finance laws.
(2). The Minister may award grants to the tasks performed by Business Academy, including development work, videncenterfunktioner and cooperation with research institutions.
(3). The Minister of education to provide grants for the vocational college's administration, leadership, building operation, acquisition and maintenance of premises, buildings and land. The grants are determined by the number of student employees, yearly students and charges for these set out on the annual finance laws for groups of students.
(4). Foreign students on higher education can only be included in the calculation in accordance with paragraph 3, if the question 1) has been granted permanent residence permit or temporary residence permit with possibility of permanent stay in Denmark, 2) is exchanged with Danish students following an agreement between the Business Academy and an institution abroad or 3) under EU law, the functioning of the EEA Agreement or other international agreements to which Denmark has concluded, are entitled to equality with Danish nationals.
(5). Vocational Academy's provision of higher education to other foreign students than those referred to in paragraph 4, takes place as revenue generating activities.
§ 25. The Minister may impose a Business College for a fee to make any available local capacity at the disposal of other government-funded educational institutions.
section 26. The Minister may, after consultation with the Minister of finance impose a Business College for a period of time to postpone the launch of the planned construction of a certain size, taking into account the nationwide or regional economic regulation of construction company.
§ 27. Grants under this law shall not be granted to cover vocational akademiernes expenses for payment of fees pursuant to the VAT law.
(2). The Minister compensates professional academies for expenditure for payment of fees pursuant to the VAT law, which after the VAT law cannot be deducted on a company's inventory of tax liability (non tax deductible purchase VAT), and as vocational academies incurred by the purchase of goods and services, for which the grant under this law.
(3). The Minister of Education prescribes rules on compensation in accordance with paragraph 2 and can including decide that there must be a acontoordning for VAT compensation to vocational academies.
section 28. The Minister may make loans or grants for vocational academies that have come in a particularly difficult economic situation. Loans or grants shall be subject to the Minister's requirements for teaching vocational Academy follows the restructuring of Business Academy's activity with a view to the recovery of the economy or demand for the conclusion of an action plan.
(2). The Minister may award grants to the costs to be incurred in connection with the merger and demerger pursuant to section 36.
section 29. The Minister shall lay down rules on activity reports, statement of the number of student employees, yearly students and graduates. The Minister may establish minimum and maximum framework for access to education.
section 30. The Minister may lay down rules concerning the terms and conditions for grants and loans. The Minister shall lay down after negotiation with the Minister of finance rules about business akademiernes budget and authorization system and for payment of the grant, including the advance payment, vocational academies. The Minister shall lay down the rules on repayment and control of paid grants.
(2). The Minister may, by the provision of grants for vocational academies provide conditions that promote the purpose of the Act on an active employment action (social clauses). The Minister may lay down rules to that effect.
section 31. Agreements, including rent and property agreements to be concluded on terms which are not inferior to vocational academies than usual market conditions.
(2). The Minister may lay down rules on rent agreements, including in exceptional circumstances decide to rent agreements must be concluded on terms other than those referred to in paragraph 1.
section 32. Business Academy must follow the laid down by the Minister of finance or the agreed provisions on wages and conditions of employment, including pensions for Enterprise Academy's employees.
(2). The provisions of §§ 10 and 19-25 of the law on civil servants shall apply to the staff at the vocational Academy, who are employed on terms equivalent to civil service terms. Article 21, paragraph 4, of the law on civil servants, shall apply by analogy to members of the professional akademiernes boards.
(3). Decision on suspension, the launching of the official investigation, the designation of the interrogator, the imposition of disciplinary punishment and the construction of the libel action taken by the Board of Directors.
section 33. The Minister may, in respect of vocational academies who do not follow the provisions of this Act or the rules or agreements referred to in article 6. section 32, which is provided or entered into under the Act or the Education Minister's injunction, temporarily withhold grants, let grants be canceled in whole or in part, or to demand reimbursement repaid in whole or in part.
(2). The Minister may withhold grants to a business college or let grants be eliminated for vocational Academy, if there is filed for bankruptcy against erhvervsakademiet if erhvervsakademiet stops his payments, or when there is a danger that the vocational Academy's activities must be set.
(3). The Minister may require subsidies paid, if the basis for the calculation of the grant or subsidy calculation, incidentally, have been erroneous. Too much paid grants can be offset in future grant payments.
Chapter 5 asset management, accounting and auditing § 34. Vocational Academy's financial year is the financial year. At the end of the financial year are drawn up an annual report. The annual report must be signed by the Board of Directors and President. In connection with the submission of the annual report to the Ministry of education of the members of the Management Board must make a Declaration on their honour stating that they meet the conditions for being members of the Board of Directors.
(2). The business of the Academy shall be audited by the Auditor General pursuant to section 2, paragraph 1, of the law on the revision of the State's accounts, etc. Also shall be appointed by the Board of Directors of erhvervsakademiet an internal auditor, who shall be chartered or registered auditor to perform the audit in accordance with the rules laid down by the Minister for education after the negotiation with the Auditor General. The Management Board shall inform the Ministry of education and the Auditor General on the designated internal auditor and on change of internal auditor.
(3). The Minister for education and the Auditor General may, within the meaning of section 9 of the Act on the audit of State accounts, etc. Agreement, to audit tasks carried out in a defined cooperation between the auditor and the internal auditor referred to in paragraph 2. The Auditor General may require the Board to appoint a second internal auditor to perform this audit assignment, if the internal auditor is not satisfactorily meet the requirements of the rules on internal audit, which is provided pursuant to paragraph 2 2. paragraph, or otherwise does not comply with the duties as internal auditor.
(4). The Minister shall lay down rules on the content of the annual report and vocational Academy's accounting.
(5). Meet the internal auditor not satisfactorily the requirements to the review under this Act or rules thereunder, or overrides, incidentally, his duties as auditor, Auditor, the Minister may impose on the Board within a specified time limit to appoint another auditor.
(6). The Minister of Education prescribes rules on auditor's verification of vocational college's information for use in the calculation of government subsidies.
section 35. The Management Board shall ensure that the internal auditor meets the law's requirements on statutory auditors ' independence.
(2). The Board must not assume an accountant, who at the same time, the auditor of the landlord of the premises, etc., as Business Academy uses, or for funds, companies, associations or other undertakings that control landlord, unless the rent ratio is of negligible. The Minister may lay down rules about when the rent ratio is of negligible.
Chapter 6 merger, Division and termination § 36. The Minister may, upon a proposal from the boards allow aggregation of two or more professional academies. By aggregating dissolve business academies without liquidation by transfer of their activities, assets and liabilities to the new business Academy.
(2). The Minister may, upon a proposal from the boards allow a Business College at Division entrusts parts of its activities and its associated assets and liabilities to another business Academy.
(3). The Minister may, upon a proposal from the boards allow an institution for vocational training by splitting transfer activities, assets and liabilities relating to one or more business Academy training and continuing education with its videncenterfunktion as a whole or a part thereof for a business Academy.
(4). The Minister may, upon a proposal from the boards allow the creation of a new vocational Academy by the merger of an institution for vocational education with a vocational Academy, if the main activity of the institution for vocational education and training is higher education. The Minister may, on application, approve the derogation from section 14, paragraph 3. The Minister may mark the occasion lay down conditions for the approval of the derogation.
(5). It is a condition of a permit in accordance with paragraphs 1 to 4, that the merger or Division does not take place restrictions on existing rights. In the staff regulations for vocational college must be included provisions guaranteeing any statutory rights to a vocational Academy property when the lease is not triggered by the merger or demerger.
(6). Merging and splitting can be carried out without the consent of the creditors.
(7). The Minister may lay down rules on mergers and divisions in accordance with paragraphs 1 to 4, including whether the content of the agreements for the merger or demerger.
(8). The Minister may lay down rules, under which the Danish public companies Act Chapter 15 shall apply mutatis mutandis on the merger and demerger.
section 37. The Minister may permit another public or private institution with a range equivalent to vocational college's offerings are part of an amalgamation under section 36 with a business Academy.
section 38. The Minister may, after consulting the professional Academy's Board of Governors may decide to shut down a business Academy, if the Minister is of the opinion that the Business Academy after an overall assessment does not meet the conditions laid down in accordance with the law, or that there is no longer any need for Business Academy.
§ 39. Assets derived from a vocational college falls to the Treasury upon termination, without prejudice. However, paragraph 2. Gifts donated to Business Academy is the property of the State Treasury, without prejudice to the General rules of Danish law.
(2). Vocational academies, incorporating a net worth from an approved educational institution, who on 31 December. December 1990 was an independent institution, the share of vocational college's net asset value, which corresponds to the institution's net asset value calculated per 31. December 1990, to the purpose, which was laid down in the staff regulations on 1 January 2007. January 1991.
(3). Gifts in the form of movable property, real estate and construction grants for property that is donated to the educational institutions referred to in paragraph 2 after the 1. January 1991 until amalgamation into a vocational Academy, used for the purposes set out in the staff regulations on 1 January 2007. January 1991.
(4). The Minister may lay down rules on the inventory of assets in accordance with paragraphs 1-3.
§ 40. Civil servants who are employed by an educational institution, or staff at the educational institution, who are employed on civil servant-like conditions, by merger or demerger pursuant to section 36, paragraph 1-4 and § 37 choose to maintain their employment relationship as State officers or hiring at official similar conditions during the execution of the work by the institution to which the employees are transferred from the merger or the Division.
(2). The official or staff who are employed on civil service terms, has no similar requirement on the waiting money, rådighedsløn or pension as a result of the merger or Division and has a duty to abide by the changes in its scope and nature stores, service as a result of this merger or demerger.
(3). The institution to which the official is transferred by the merger or demerger, preventing wage costs and pays pension contributions to the Treasury for such officials, including any costs of wait money, rådighedsløn and after income of salary. Costs of current pension shall be borne by the State. In the event of termination of the institution are also held any expenditure to wait money or rådighedsløn and after income of salary by the Treasury, if it is discontinuing the institution does not have the means to defray the expense.
Chapter 7 Supervision and quality assurance § 41. The Minister oversees vocational academies and can obtain the necessary information for this use.
(2). If the Minister finds that a vocational Academy activities are not in accordance with this Act or the rules or agreements established or entered into under the Act, the Minister may issue orders to the vocational Academy to change the undertaking concerned.
(3). The Minister may require the Board to enter into an agreement with the Minister's efforts if the Minister finds that it is needed in relation to the vocational college's quality management. Action agreement must, among other things. set targets for quality control and the measures needed to rectify the inadequate quality.
§ 42. If it of the auditor's report or otherwise evidenced the existence of offences or other unacceptable conditions in relation to the management of vocational college's funds, the Minister must without delay initiate measures to the re-establishment of a legitimate and sound management.
section 43. The Minister may lay down rules on the quality assurance of vocational academies, including on quality assurance systems.
Chapter 8 IOS § 44. The Minister may obtain all necessary information from the vocational academies of education, students, employees, equipment, rent agreements, agreements on property purchase and other agreements and on business incidentally to the use akademiernes operation for the determination of subsidies, review of annual reports, the implementation of the monitoring and compilation of statistics. The Minister may decide that such information shall be supplied in electronic form, including lay, in which format the delivery needs to happen. The Minister may lay down rules to that effect.
(2). The Minister may provide for vocational academies must apply common administrative systems. The Minister may lay down rules to that effect.
§ 45. The Minister may lay down rules on electronic communications between the Business Academy and the Ministry of education, between the Business Academy and other public authorities and educational institutions covered by the Ministry of law, as well as between the Business Academy and the users thereof, including on the use of digital signature.
(2). Vocational academies to ensure that other information about vocational academies in an easily accessible way is illuminated on the vocational akademiernes website on the Internet. The Minister may lay down rules to that effect.
Chapter 9 other provisions of section 46. The Minister may, in accordance with the negotiation with the Minister of science, technology and innovation to empower University and property agency to carry out the administration of rent contracts and buildings, which are made available to Business Academy, and as the Ministry of education on 1. January 2007 has taken over from the county municipalities of Copenhagen and Frederiksberg Municipalities and regional municipality of Bornholm.
Chapter 10 student behaviour and redress section 47. The Minister may lay down rules on vocational Academy access to lay down guidelines for student behavior and for business akademiernes access to carry out disciplinary measures against students who do not comply with the guidelines, as a business Academy.
section 48. The Minister may lay down rules to the effect that the complaints of the Business Academy's decisions can be referred to the Minister for education, including on complaint deadline or that special decisions cannot be challenged before the Minister of education.
(2). Legal issues relating to decisions on a student's legal status can always be referred to the Minister of education.
Chapter 11 entry into force, transitional provisions and changes in other laws § 49. The law will enter into force on 15. May 2008.
(2). Partnership agreements in accordance with section 6 or section 5 a of the Act on higher education university colleges as amended by this Act, section 57, no. 3, can be concluded with effect until 1 January 2008. January 2015.
(3). section 27 of the law on the University colleges of higher education, as amended by this Act, section 57, no. 8 and 9, have effect for the institutions ' Declaration of VAT compensation for fiscal year 2007 and later.
§ 50. The Minister for education creates the 1. September 2008 or as soon as possible thereafter until ten business academies. Vocational academies start 1. January 2009 performance of the tasks for which they are taking over from institutions for vocational training, see. § 53. The Minister may, by means of creation decide that two or more vocational academies jointly tasked to cover the need for education in the same geographic coverage area, see. § 4 (1), (2). point, if the Minister no later than the 1. June 2008 has received a common recommendation to that effect from the boards of the institutions for vocational training, which belong in the common geographical scope, and meet the requirements laid down in paragraph 3. The said boards should also make a joint recommendation to the Minister, to which vocational Academy you mentioned institutions for vocational training each shall entrust tasks pursuant to section 53.
(2). The Minister of education shall determine for each business Academy an interim statute, which applies to vocational Academy, until there is established and approved a statute pursuant to § 11.
(3). By the creation of a vocational college shall set up boards of institutions for vocational training in accordance with the temporary status a Board for the Business Academy, as institutions for vocational training under section 53 shall entrust tasks to. An institution for vocational training may appoint at least one member of the Board of Directors of the respective business Academy, under the following conditions: 1) the institution is on 30. April 2008 approved to provide one or more vocational college education or vocational training, or have been approved for the provision of one or more technical or commercial craft bacheloruddannelser with related continuing education.
2) the institution has in the 2. quarter of 2008 received grants from the Ministry of education for one or more of the in no. 1 the said training activities.
3) the institution's Board of Directors, within the 15. June 2008 the Minister notice of, (a)) that the institution not later than the 31. December 2008 will conclude an agreement with the professional Academy of the institution implements vocational college education and continuing education as zoned teaching for vocational college, b) to the institution with effect from 1 January. January 2009 by cleavage will assign activities, assets and liabilities to a vocational college under section 36 (3), or (c)) that the institution with effect from 1 January. January 2009 will be combined with a business Academy under section 36, paragraph 4.
§ 51. The Board has responsibility for ensuring that the Business Academy at 1. January 2009 can begin carrying out the tasks which it takes over from institutions for vocational training.
(2). The Board of Directors shall appoint as soon as possible after its reduction Business Academy's headmaster. In the period until the employees Rector joins, handled vocational Academy's top day-to-day management of a Rector, as the Board of Directors without opening the body temporarily to do so. The provision in section 12 (3), 2. paragraph shall not apply at this provisional Constitution.
§ 52. The Minister may obtain all necessary information from the designation of eligible institutions for vocational education and training and the new Board of the importance of the creation and of Business Academy. The Minister may decide that such information shall be supplied in electronic form, including lay, in which format the delivery needs to happen. The Minister may lay down rules to that effect.
§ 53. An authorisation for the provision of one or more business college education or one or more continuing education programs with associated videncenterfunktion and an authorisation for the provision of one or more technical or commercial craft bacheloruddannelser with associated training and further education as well as videncenterfunktion are released per 1. January 2009 to Business Academy in the geographical area in which the relevant tender approved institution for vocational education belongs. It is a condition that is between the Business Academy and the contract approved institution not later than the 31. December 2008 agreed that the institution for vocational education in whole or in part responsible for the teaching of the relevant training for vocational Academy, see. § 3 (1), (2). point the same applies if an institution for vocational training with effect from 1 January 2002 at the latest. January 2009 by Division has transferred part of its activities with the related assets and liabilities to a vocational college under section 36, paragraph 3, or is combined with a business Academy under section 36, paragraph 4.
(2). For institutions for vocational training, which are covered by section 50 (1), (3). paragraph, shall apply to authorisations for the provision after paragraph 1 passes to the Business Academy, as institutions for vocational training has taken a common position on handing over to under section 50 (1), 4. PT.
(3). For institutions for vocational education, other authorisations for the provision of the training referred to in paragraph 1 shall be repealed with effect from the next record.
(4). A business Academy, who takes over the approvals for the provision of technical and mercantile profession bacheloruddannelser with related continuing education, see. paragraph 1 shall, not later than 31 December 2006. December 2008 enter into a partnership with a University College, see. § 6. Included business Academy is not in a partnership as indicated, lapse the approvals for the provision, which is released for vocational Academy in accordance with paragraph 1, with effect from the next record.
§ 54. A student who is admitted on a higher education at an institution for vocational training, released on 1 January 2007. January 2009 to be recorded on the same training at the vocational Academy, if approval for the provision of the training in question are released for vocational Academy pursuant to section 53 (1) and (2).
(2). A student who is admitted on a higher education at an institution for vocational training, if approval for the provision of the training in question has lapsed pursuant to section 53 (3) and (4), 2. point, retains its inclusion in education at the institution for vocational training with a view to the completion of it. The students, however, have the right to be admitted to the relevant education at a Business College, which has approval for the provision of training.
§ 55. The Minister may determine that the value added funding grants for educational activity, buildings and common costs of higher education from the 1. January 2009 paid to vocational academies. However, this does not apply to value added funding grants for educational activity on open education in 4. quarter of 2008.
(2). The Minister may determine that the value added funding grants for educational activity, buildings and common costs shall be paid to the institutions of vocational education, where students under section 54 (2), complete their education.
(3). The Minister may upon application from vocational academies provide grants for special start-up costs.
3. In article 37, paragraph 1, the words ' basic, continuing education and training ': ' basic training '.
5. In article 13, paragraph 2, section 4, shall be replaced by ' paragraph 3 ' to: ' section 4, paragraph 4 '.
6. In article 14, paragraph 1, insert after 3. paragraph: ' A Business Academy in the region may appoint a member to the Board, if the University College and vocational college is part of a partnership under section 5 (a). ' 7. In section 16, paragraph 3, nr. 2, the words ' Credit Association of municipalities in Denmark ' is replaced by: ' Municipality Credit '.
8. In article 27, paragraph 1, is replaced by ' 24 ' to: ' the law '.
9. In article 27, paragraph 2, shall be inserted after ' subsidies ': ' in accordance with the law '.
10. section 38 (1) and (2) shall be replaced by the following: ' the Minister may, upon a proposal from the boards allow the creation of a new University College by the merger of two or more university colleges for higher education or aggregation of a University College with a business college or school of media and journalism. The Minister may also, upon a proposal from the boards allow the creation of a new University College by the merger of a University College with an institution for vocational training, if the main activity of the institution for vocational education and training is higher education. The merger be dissolved without liquidation by transfer institutions of their assets and liabilities to the new University College.
13. In article 58, paragraph 2, the words ' and 48 ' to: ', 48 and 48 (a) '.
section 59. In the Act on open education (vocational adult education), etc., see. lovbekendtgørelse nr. 956 of 28. November 2003, as amended by section 7 of the Act No. 334 of 18. May 2005, § 4 of the lov nr. 593 of 24. June 2005, article 5 of law No. 556 of 6. June 2007, section 7 of the Act No. 561 of 6. June 2007 and § 77 of law No. 562 of 6. June 2007, is amended as follows: 1. In paragraph 6 (a), paragraph 1, shall be inserted after ' who are approved after the ': ' law on vocational academies of higher education '.
section 61. The law does not apply to the Faroe Islands and Greenland.


This case concerns the continuing jurisdiction of the trial court over proceedings to terminate parental rights beyond the statutorydismissal date provided by section 263.401(a) of the Texas Family Code. Although this case involves the 2005 version of the statute, the jurisdictional problem remains under the 2007 version.
The underlying rationale of the panel opinion is that the requirements of section 263.401 are not jurisdictional, but merely procedural. Therefore, a trial court that has rendered a timely final order terminating parental rights may retain the case on its docket beyond the statutory dismissal date without issuing an order extending its jurisdiction, making the findings required for issuance of the order, or setting a new dismissal date, despite clear language to the contrary in section 263.401(b), and it may entertain a motion for new trial filed after the dismissal date, enter its timely rendered final order after the dismissal date, grant a new trial after the dismissal date, vacate its timely final order terminating parental rights, and set a new trial to take place ten months afterthedismissal date—all with no order extending its jurisdiction. But it may not hold the new trial and must grant the parent’s motion to dismiss the termination proceedings (filed nine months after the dismissal date) based on the court’s continuing to exercise jurisdiction over the proceedings beyond the one-year statutory dismissal date in section 263.401(a) without “a final rendition or order, and without extending the statutory dismissal date” under section 263.401(b).
I would hold that when, as here, a trial court has rendered a timely final order in termination proceedings,thesection263.401(a)dismissal date for the proceedings continues to run, and the trial court’s power to retain the case on its docket and its jurisdiction to act beyond the dismissal date is not extended beyond that date except by order of the court meeting the criteria of subsection 263.401(b). The trial court can retain jurisdiction only if all post-judgment proceedings are completed by the dismissal date or its jurisdiction is extended by a timely order meeting the criteria of section 263.401(b).
Unless the court has rendered a final order or granted an extension under Subsection (b), on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator, the court shall dismiss the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child.
sets a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit under this subsection.
If the court grants an extension but does not render a final order or dismiss the suit on or before the required date for dismissal under Subsection (b), the court shall dismiss the suit. The court may not grant anadditionalextension that extends the suit beyond the required date for dismissal under Subsection (b).
terminates the parent-child relationship and appoints a relative of the child, another suitable person, or the department as the managing conservator of the child.
2113, amended by Act of May 22, 2001, 77th Leg., R.S., ch. 1090, § 8, 2001 Tex.
§ 1.40, 2005 Tex. Gen. Laws 621, 636 [hereinafter FORMER TEX. FAM. CODE ANN.
263.401 (Vernon’s Supp. 2007) (Emphasis added). Both the current version and the former version of section 263.401 require, “If the court retains the suit on the court’s docket, the court shall render an order in which the court . . . schedules the new date on which the suit will be dismissed. . . .” Id. § 263.401(b).
I argue that section 263.401(b) requires the party who lost under the final order to obtain an order extending the trial court’s jurisdiction before the dismissal date to keep the case on the trial court’s docket and to provide jurisdiction over the post-trial proceedings. The panel, by contrast, concludes that section 263.401(b) becomes meaningless when the trial court continues to act on post-trial matters, and that the court can continue to exercise plenary jurisdiction over ongoing proceedings—including both entering and vacating its final order after the dismissal date and granting a new trial—as long as the parties agree, but that a parent whose rights were terminated by the timely final order may obtain dismissal of the proceedings and retain his or her parental rights by moving to dismiss on the ground that the proceedings were not timely ended as required by section 263.401(a).
Here, the Department of Family Protective Services (DFPS) removed Walker’s minor children and initiated termination of parental rights proceedings on July 28, 2006. Trial commenced on June 28, 2007 and concluded on July 10, 2007. At the conclusion of the trial, the trial court orally rendered an order terminating Walker’s and the father’s rights to the children, making findings of fact that supported the termination of Walker’s rights and naming DFPS sole managing conservator of the children. The trial court memorialized its oral order in its docket sheet and dated it July 10, 2007—eight days short of a year from the date the termination proceedings were filed by DFPS, and thirteen days short of the statutory dismissal date under section 263.401(a), July 23, 2007, or the first Monday after the first anniversary of the filing of the termination proceedings. See FORMER TEX. FAM. CODE ANN. § 263.401(a). The July 10 oral order met the definition of “rendition” of a “final order” under former section 263.401. See FORMER TEX. FAM. CODE ANN. § 263.401(d) (defining “final order”); TEX. FAM. CODE ANN. § 101.026 (Vernon 2002) (defining rendition as “the pronouncement by a judge of the court’s ruling on a matter” and stating that “[t]he pronouncement may be made orally in the presence of the court reporter or in writing, including on the court’s docket sheet or by a separate written instrument”); In re A.B., 125 S.W.3d 769, 774 (Tex. App.—Texarkana 2003, pet. denied) (holding that trial court’s oral pronouncement of judgment terminating mother’s parental rights qualified as final judgment rendered within twelve months of appointment of Department of Protective and Regulatory Services as temporary managing conservator and thus application to terminate mother’s parental rights was not subject to dismissal). However, the court did not sign and enter the written order reflecting its July 10, 2007 final order until August 21, 2007—34 days after the dismissal date and six weeks after its oral rendition of its final order terminating Walker’s parental rights.
An appeal of a final order rendered under this subchapter is governed by the rules of the supreme court for accelerated appeals in civil cases and the procedures provided by this section [stating that “in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed”]. The appellate court shall render its final order or judgment with the least possible delay.
point or points on which the party intends to appeal. The statement may be combined with a motion for new trial.
A motion for a new trial, a request for findings of fact and conclusions of law, or any other post-trial motion in the trial court does not extend the deadline for filing a notice of appeal under rule 26.1(b), Texas Rules of Appellate Procedure [i.e., “within 20 days after the judgment or order is signed”]. . . .
the appeal is frivolous as provided by Section 13.003(b), Civil Practice and Remedies Code.
Act of May 22, 2001, 77th Leg., R.S., ch. 1090, § 9, 2001 Tex. Gen. Laws 2395, 2397–98 [hereinafter FORMER TEX. FAM. CODE ANN. § 263.405] (amended 2007) (current version at TEX. FAM. CODE ANN. § 263.405 (Vernon Supp. 2007)). As the trial court had not signed the final order, and these deadlines all run from entry of the final order, not from rendition, Walker could either have filed her motion for new trial prematurely before the dismissal date or waited until the signed order was entered. Either way, the trial court would have had no jurisdiction to rule on the motion unless Walker had moved to retain the case on the court’s docket and had been granted an order extending the trial court’s jurisdiction over the proceedings and setting a new dismissal date no later than six months from the first. See FORMER TEX. FAM. CODE ANN. § 263.401(b).
and post-trial jurisdiction over the proceedings) nor by section 263.405, assuming post-trial deadlines ran from the timely unsigned final order upon which Walker based her motion (which permits filing of a motion for new trial within 20 days of the signing of a final decree).
Nevertheless,although Walker had taken no timelyaction to protect her rights, on August 21, 2007, in violation of the plain language of subsection 263.401(b)—which required the court to remove the case from its docket on July 23, 2007 in the absence of an order extending its jurisdiction—the trial court signed a written decree entering its July 10 final order. A week after that, on August 28, the trial court set aside its timely July 10 termination order and granted Walker’s motion for new trial, setting a trial date on April 22, 2008—10 months after the dismissal date.
Seven months later, in March 2008, Walker moved the trial court to dismiss the proceedings on the ground that the proceedings had gone beyond the one-year statutory dismissal date without “a final rendition or order, and without extending the statutory dismissal date.” The trial court denied the motion, and Walker filed this petition for mandamus ordering the court to dismiss the proceedings and return the children to her. The panel agrees with Walker and grants the mandamus on the ground that, under the former version of section 263.402 of the Family Code, Walker had the right to move to dismiss the proceedings for lack ofjurisdiction until the close of DFPS’s evidence in the new trial—scheduled by the trial court for June 4, 2008, two years from the date DFPS commenced these proceedings and almost a year after the dismissal date. It, therefore, dismisses the proceedings against Walker, requiring DFPS to initiate new termination proceedings with a wholly new set of dates that will extend the trial court’s jurisdiction over the proceedings at least until the summer of 2009—threeyearsafter theywere begun—assumingno extensions are granted or the trial court does not decide to continue to act after the new dismissal date. In re Walker, No. 01-08-00348-CV, slip op. at 25–26 (Tex. App.—Houston [1st Dist.] June 30, 2008, orig. proceeding).
Although the parties did not supply this court with the reporter’s record from the trial, the parties agree that the trial court orally rendered a termination order on July 10, 2007, within the statutory one-year deadline prescribed in section 263.401(a). As explained below, however, upon the granting of Walker’s motion for new trial, this termination order was vacated.
(b) A party to a suit under this chapter who fails to make a timely motion to dismiss the suit or to make a motion requesting the court to render a final order before the deadline for dismissal under this subchapter waives the right to object to the court’s failure to dismiss the suit. A motion to dismiss under this subsection is timely if the motion is made before the department has introduced all of the department’s evidence, other than rebuttal evidence at the trial on the merits.
Subsection 263.402(b) now provides that a party “who fails to make a timely motion to dismiss the suit under this subchapter waives the right to object to the court’s failure to dismiss the suit” and that “[a] motion to dismiss under this subsection is timely if the motion is made before the trial on the merits commences.” TEX. FAM. CODE ANN. § 263.402(b) (Vernon Supp. 2007).
ongoing termination proceedings, even after a final order has been rendered.
Because Walker made no timely motion to dismiss the proceedings, but, instead, filed a motion for new trial after rendition of the court’s final order and after the dismissal date, the trial court properly exercised jurisdiction over the motion for new trial, properly granted it, and properly vacated its timely rendered final order terminating Walker’s rights and granted her a new trial ten months after the dismissal date, and that became the operative final order, although untimely. However, when Walker moved to dismiss the new proceedings before thenewtrial took place, on the ground that the trial court had had no jurisdiction since the dismissal date passed without rendition of final order—the timely order having been retroactively vacated—and thus had to dismiss the termination proceedings for failure to render a timely final order.
The panel relies chiefly on two Texas Supreme Court cases and one Tyler Court of Appeals case—In re Texas Department of Family & Protective Services, 210 S.W.3d 609 (Tex. 2006), In re R.R., 209 S.W.3d 112 (Tex. 2006), and In the Interest of D.D.M., 116 S.W.3d 224 (Tex. App.—Tyler 2003, no pet.)—as authority for its holding that the statutory deadlines and requirements in section 263.401 are not jurisdictional, but merely procedural and may be disregarded, and that, unlike section 263.401, section 263.402 is jurisdictional and permits a trial court to retain a case on its docket beyond the dismissal date and to exercise jurisdiction over termination proceedings, to retroactively vacate a timely final order and render the proceedings ongoing, and it may continue to act in the absence of an extension of its jurisdiction unless and until a party moves to dismiss on the ground that its jurisdiction expired on the dismissal date without rendition of a final order.
I disagree with the panel’s interpretation of these cases. And I profoundly disagree with the panel’s holding that section 263.401 is not jurisdictional, that a trial court may continue to exercise jurisdiction over termination proceedings in the absence of a timely motion to extend its jurisdiction under section 263.401(b)—which necessarily implies that section 263.401(b) is meaningless—and that a party may move to dismiss the proceedings at any time, so long as it does so before the deadline for whatever new trial the trial court has ordered. Nor do I believe that any of the cases upon which the panel relies support its conclusions.
S.W.3d at229 (citing In re J.B.W.,99 S.W.3d 218,224 n.27 (Tex. App.—Fort Worth 2003, pet. denied). The court stated, “Thus the legislature removed previous limitations on the trial court’s jurisdiction.” Id. The court further observed that the Legislature added a provision to section 263.402(b) “that requires a party to make a timely motion to dismiss the suit or to make a motion requesting the court render a final order before the dismissal deadline. Otherwise, the party waives his right to complain that the trial court failed to dismiss the suit.” Id. (citations omitted).
The Tyler court failed to consider that section 263.401(b)as amended in 2001 expressly instructed the trial court, as it does today, to remove the case from its docket unless it rendered an order extending the statutory mandates in section 263.204(b). Nevertheless, the court noted that “[u]nless a court renders a final order or grants an extension, on the first Monday after the first anniversary of the date that the Department was appointed temporary managing conservator, a court must dismiss a SAPCR filed by the Department requesting termination of the parent-child relationship.” Id. at 227 n.1 (emphasis added). It then held that the six-month extension order at issue in that case was properly rendered within the meaning of section 263.401(b) when it was orally rendered in open court prior to the dismissal date. Id. at 227, 228. However, because the trial court’s extension order did not include a precisedismissaldate, the order “did not comply with the mandatory, plain language of section 263.401(b), it was invalid.” Id. at 231. Therefore, it did not extend jurisdiction beyond the dismissal date, and the parents’motion to dismiss was timely because it was filed before DFPS introduced all of its evidence at the trial scheduled after the dismissal date under the invalid extension order. Id. Thus, the trial court erred in not dismissing the proceedings. Id.
Here, there was no timely filed extension order. And thus, under the holding in In re D.D.M., the trial court lacked jurisdiction over the proceedings beyond the dismissal date, regardless of the court’s pronouncements in dicta. Yet the panel in this case chooses to follow the dictum, rather than the holding, in In re D.D.M., and rather than interpreting section263.401(b)accordingto its plain language, or giving it any meaning at all. Nor do I see how In re D.D.M. supports the panel’s conclusion that section 263.402’s provision that a party may waive its right to seek dismissal for failure of the trial court to timely render an order before the dismissal date confers jurisdiction on the trial court to continue to exercise jurisdiction in the absence of a mandatory extension order or permits a party’s waived right to seek dismissal prior to the conclusion of DFPS’s evidence in a timely trial to be renewed with respect to a new trial ordered after the dismissal date in the absence of an order extending the trial court’s jurisdiction.
verdict from the bench and denied the motions to dismiss. Id. On August 13, 2004, the trial court rendered judgment by signing and filing the decree of termination. Id. Two days earlier, the mother and intervenor had filed petitions for mandamus in the appellate court seeking to compel the trial court to dismiss the case. Id.
if the court retains the suit on its docket, as it was under the prior version of the statute. See id.
In re Texas Department of Family and Protective Services was filed under the same version of Chapter 263 as the current case. Under the current version of section 263.402, “[a] motion to dismiss under this subsection is timely if it is made before the trial on the merits commences. TEX. FAM. CODE ANN. § 263.402(b) (Vernon Supp. 2007). The motions to dismiss in In re Texas Department of Family and Protective Services would not have been timely under the new version.
In re Department of Family and Protective Services, like In re D.D.M., fails to support the panel’s conclusions and holdings in this case. First, unlike the court in this case, the trial court in In re Department of Family and Protective Services did not render a final judgment, either oral or written, before the dismissal date of July 24, 2004;itrenderedand signedits judgment onAugust 13, 2004, after the dismissal date. Second, in In re Department of Family and Protective Services, unlike here, the parties filed timely motions to render judgment before DFPS had concluded its evidence and timely motions to dismiss before the dismissal date. The supreme court held that the trial court erred in not dismissing the proceedings under those circumstances. Here, the trial court timely rendered a final, appealable order, the dismissal date expired, and Walker failed to comply with the statutory deadline for seeking dismissal or an extension of time. Nor did she have grounds for seeking rendition of judgment, since rendition had already occurred. Thus, the requirements for obtaining dismissal were not satisfied. See In re Dep’t of Family and Protective Servs., 210 S.W.3d at 613.
attempt to comply with the statutory requirements and deadlines for filing a notice of appeal, including filing a statement of points on appeal. See id. Thus, to the extent the supreme court’s opinion in In re Department of Family and Protective Services implies that the trial court in this case retained jurisdiction to sign and enter its judgment after the dismissal date, it supports the conclusion that Walker could have filed a statutorily compliant motion for new trial and appeal, but it does not obviate the necessity of compliance with the statutory mandate of section 263.401 that the jurisdiction of the trial court over termination proceedings may be extended only by compliance with section 263.401(b).
Finally, again unlike the panel, I do not read In re R.R. as applicable to this case. In re R.R. was a default judgment case terminating a mother’s rights to her children. See 209 S.W.3d at 114. The default judgment was entered on May 20, 2005, less than a year after the first child was removed (August 31, 2004), and the mother received notice of the hearing, without knowing its purpose, while in jail. Id. at 113–14. The mother, Rodgers, promptly sought an appointed attorney and filed a motion for new trial and statement of points on appeal, two months before the dismissal date. Id. at 114. The trial court held a hearing on Rodgers’s motion, at which Rodgers appeared and presented evidence that her failure to appear was not due to conscious indifference. Id. The trial court disagreed and denied the new trial, and the court of appeals affirmed. Id.
The supreme court reversed, and, because the appeal was accelerated, it considered whether Rodgers had established the other factors that would justify a new trial, namely whether Rodgers had set up a meritorious defense and whether her motion was filed at such time that granting the motion would not result in delay or otherwise injure the plaintiff, CPS, or the children. 7 Id. at 114–17; see Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939) (establishing factors for setting aside default judgment). The supreme court found that Rodgers had not been consciously indifferent to the proceedings, had set up a meritorious defense to termination, and had alleged that granting a new trial would not result in delay or otherwise injure CPS or the children. Id. at 115–16.
by Rodgers’s inability, as an indigent, to reimburse expenses, the court held that it failed to carry its burden that it would be harmed by a new trial. Id. at 116–17.
117. It did not hold that a parent whose rights have been terminated can file a motion for new trial after the dismissal date or that the trial court may rule on such a motion, vacate its timely final order, and grant a new trial in the absence of a request for an extension of time and a finding that the extension is justified under section 263.401(b). In my view, the panel opinion runs directly counter to In re R.R., in which the parent whose rights were terminated timely sought a new trial before the dismissal date and timely filed a statement of points on appeal. Because no new trial was granted, no order extending the trial court’s jurisdiction was necessary or was sought.
Finally, I strongly disagree with the panel’s conclusion that its “reading of former section 263.401 comports not only with the statute’s plain language, but also with its purpose,” namely “‘that parental rights be terminated or families reunified within twelve months.’” In re Walker, No. 01-08-00348-CV, slip op. at 20 (quoting In re Ludwig, 150 S.W.3d 819, 822 (Tex. App.—Austin 2004, no pet.). I believe that, rather than furthering the purpose of section 263.401, the panel’s opinion and holding actively thwarts the purpose of the section and permits lawless actions by both parties to termination proceedings and courts with effectively no end in sight and no consideration of the best interest of the children affected by termination proceedings.
I would hold that the trial court lacked jurisdiction to retain this case on its docket or to take any action in it after the statutory July 23, 2007 dismissal date of the proceedings initiated by DFPS on July 18, 2006. I would deny the petition for writ of mandamus filed by relator, Kristal Timish Walker a/k/a Kristal Timisha Walker, challenging the trial court’s order denying her March 2008 motion to dismiss the termination proceedings initiated by the real party in interest, DFPS. I would remand the case to the trial court with instructions to reinstate its July 21, 2007 final order terminating Walker’s parental rights; to vacate its untimely August 28, 2007 orders setting aside its July 10, 2007 final order and granting a new trial; and to dismiss the proceedings for lack of jurisdiction.
Panel consists of Justices Taft, Jennings, and Bland.En banc consideration was requested. See TEX. R. APP. P. 41.2(c).A majority of the en banc court voted to deny en banc consideration. See id.Justice Keyes, dissenting from denial of en banc review.


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The heart of United States asylum law is the protection of refugees fleeing persecution.
Under 8 U.S.C. § 1158(b)(1), the Attorney General may grant asylum to any applicant who qualifies as a "refugee."
The Immigration and Nationality Act ("INA") defines a "refugee" as any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See INS v. Cardoza-Fonseca, 480 U.S. 421, 428 (1987).
"The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution." 8 C.F.R. § 1208.13(b).
More specifically, the applicant can show past persecution on account of a protected ground. Once past persecution is demonstrated, then fear of future persecution is presumed, and the burden shifts to the government to show, by a preponderance of the evidence, that there has been a fundamental change in circumstances such that the applicant no longer has a well founded fear of persecution, or [t]he applicant could avoid future persecution by relocating to another part of the applicant's country. An applicant may also qualify for asylum by actually showing a well founded fear of future persecution, again on account of a protected ground. See Deloso v. Ashcroft, 393 F.3d 858, 863-64 (9th Cir. 2005)..
In order to qualify for withholding of removal, an applicant must show that her "life or freedom would be threatened" if she is returned to her homeland, on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1231(b)(3); 8 C.F.R. § 1208.16(b).
The agent of persecution must be "the government or . . . persons or organizations which the government is unable or unwilling to control." See Reyes-Reyes v. Ashcroft, 384 F.3d 782, 788 (9th Cir. 2004).
"To qualify for withholding of removal, an alien must demonstrate that it is more likely than not that he would be subject to persecution on one of the specified grounds." See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir. 2001).
"This clear probability standard for withholding of removal is more stringent than the well-founded fear standard governing asylum." See Al-Harbi, 242 F.3d at 888-89 (internal quotation marks and citation omitted).
An applicant who fails to satisfy the lower standard of proof for asylum necessarily fails to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
However, if asylum is denied in the exercise of discretion, the applicant remains eligible for withholding. See Huang v. INS, 436 F.3d 89, 95 (9th Cir. 2006).
Article 3 provides that a signatory nation will not expel, return . . . or extradite a person to another country where there are substantial grounds for believing that he would be in danger of being subjected to torture.
The United States signed the Convention Against Torture on April 18, 1988, and Congress passed the Foreign Affairs Reform and Restructuring Act ("FARRA") in 1988 to implement Article 3 of CAT.
There are two forms of protection under the Convention Against Torture: (1) withholding of removal under 8 C.F.R. § 1208.16(c) for aliens who are not barred from eligibility under FARRA for having been convicted of a "particularly serious crime" or of an aggravated felony for which the term of imprisonment is at least five years, and (2) deferral of removal under 8 C.F.R. § 1208.17(a) for aliens entitled to protection but subject to mandatory denial of withholding.


The Traffic Act for the District of Columbia, in extending, § 8(a), the privilege of operating motor cars within the District without having District operators' permits to nonresident licensed to operate such vehicles in states granting like exemptions to residents of the District, does not relieve a nonresident, so licensed, who formerly resided in the District and whose District permit was then revoked under § 13(a), from punishment under § 13(d) if he operates his vehicle within the District during the unexpired period of the revoked permit. P. 281 U. S. 51.
Certiorari, 280 U.S. 541, to review a judgment of the Court of Appeals of the District of Columbia which, on writ of error, reversed a judgment of the Police Court sentencing the respondent for a violation of the Traffic Act.
3, 1925, 43 Stat. 1119, 1125, as amended by Act of July 3, 1926, 44 Stat. pt. 2, p. 812. The Court of Appeals of the District, on writ of error, set aside the conviction. 33 F.2d 375. This Court granted certiorari May 27, 1929, to review its judgment.
"Any individual found guilty of operating a motor vehicle in the District during the period for which his operator's permit is revoked or suspended, or for which his right to operate is suspended under this Act, shall, for each such offense, be fined not less than $100 nor more than $500, or imprisoned not less than 30 days nor more than one year, or both."
The facts, proved at the trial, showed an unquestioned violation of this section by respondent unless, as contended, his possession of a Virginia operator's permit or license, aided by the reciprocity provisions of the District Traffic Acts, exempts him from its operation.
Following the revocation of his District of Columbia permit, respondent, who was then a resident of the District, took up his residence in Virginia and procured from that state a motor vehicle registration card and automobile license tags, authorizing him to operate his motor car in Virginia. The alleged violation of § 13(d) occurred while his Virginia registration license was in force and while respondent was temporarily in the District, driving his automobile equipped with the Virginia license tags.
"shall be exempt from compliance with § 7 and with provisions of law or regulations requiring the registration of motor vehicles or the display of identification tags in the District."
"expressly relieves the nonresident owner or operator of a motor vehicle, who has complied with the laws of his state respecting registration and operators' licenses, from either registering his vehicle here or obtaining a local operator's permit, provided only that similar privileges are extended to residents of the District in that state."
But respondent was not charged with violation of § 7, which forbids operating without a license, or of any provision or regulation requiring the registration of motor vehicles, which are the only offenses exempted under § 8. He was charged with a different offense, under § 13(d) -- that of operating a vehicle within a specified time after the revocation of his permit, for which a different penalty is provided than for violations of § 7. It is significant that the exemption clause in § 8(a) specifically refers to § 7, but makes no mention of § 13(d).
If the clause were ambiguous, or there were any room for construing it, examination of the whole act makes evident its general purpose not to extend to nonresidents any reciprocal privilege beyond relieving them from the necessity of procuring a District operator's license and complying with provisions for the registration of their vehicles, and that all other requirements of the act and penalties for noncompliance were left in full force and effect. By § 13(c) the right to operate a car in the District under the license or permit of a state may be suspended, and operation of the car in the District during the period of suspension is punishable under § 13(d).
It cannot be supposed that any distinction was intended to be drawn between the consequences of operating a car within the District by one whose right to operate under a foreign license had been suspended and one whose right to operate under a District license had been revoked or suspended. We can find nothing in the sections cited or the Traffic Acts as a whole to suggest that there is.