CPS, following a final hearing, has permenant managing conservatorship of two children. Father has possessory conservatorship. (Mother is in prison for the foreseeable future.) Case is technically over, although placement hearings continue periodically following the final order. Father dies. Do I file a suggestion of death?

I would, so if in the future anyone moves to modify or files to terminate mom's rights, then dad's death is already dealt with in the suit. Could also have judge make a finding in the next PRH order that dad is deceased.

Whether you choose to file it as a suggestion of death (which would normally be used to stop a lawsuit because the other party has died) or whether you file a notice of some other sort, the fact of the death should be made part of the court's record. Otherwise, the file will be puzzling to whoever follows in your footsteps as the child grows up. The hearing notices will look incomplete since you won't be able to serve someone who appears to be a party of record. Save them all the trouble of figuring out later why Dad vanished from the scene and isn't paying child support....

This is just a wonderment - and perhaps others who commonly represent CPS when they have conservatorship would comment - but wouldn't the counsel for CPS file an heirship proceeding as to enable the minor child to receive any benefits to which he/she would otherwise be entitled, which could then be used to care for the child or to set up a special needs trust?

First, let me say thanks for the input from everyone. I went ahead and filed a suggestion of death, although I realize this isn't the usual situation for the use of that pleading.

Second, I had not thought about looking towards the child's future as far as any benefits go. Frankly, most of the CPS parents that we have running around here don't have two nickels to rub together and are probably incapable of accruing many benefits that would be payable to survivors. I will check into the issue of social security and see if we need to do anything toward that end or if the Department takes care of that.

Thanks again!