In family court reunification cases, when a parent demonstrates sustained compliance with case service plans, maintains sobriety, and shows genuine commitment to their child's best interests, courts may terminate jurisdiction and close the case, allowing the parent to have primary custody while other family relationships (such as grandparent visitation) are handled through separate legal proceedings.
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Judge Catherine Sala Closes Case After Mom’s Incredible Comeback Full Custody RestoredAdded:
in the matter of Jameson Hubble file 24136NA.
>> Okay, we are uh on for review in this case. It's the third review and permanency planning hearing as it relates to the mother in this case. I will note we are on mute that morning as well. So we can avoid using the name of the child that would be great. I have the names of our participants beginning with our guardian admina Dumont lawyer guardian adm.
>> Good morning your honor. Nastia Thomas council for the department. Miss Dela Garza, >> Brandy Deagarza, the foster care worker from Fostering Solutions.
>> Attorney Ashley Hansen Grimes on behalf of mother Victoria Dehart.
>> And good morning, you're on attorney Matthew Hodgekus appearing on behalf of Miss Cynthia Hubble.
>> One moment, Mr. Hodgekus, we need the appearance of the mother Victoria.
>> Okay. Would you spell that, please?
>> B I C T O R I A D E H A R T. Thank you.
And then Mr. Hoskus, you may go ahead and introduce or ask your client to introduce yourself.
>> Thank you, your honor. Again, attorney Matthew Hoskus, P number 84362, appearing on behalf of Miss Cynthia Hubble. She also appears uh virtually via Zoom.
>> Would you like to uh ask her to introduce herself or I just want to make sure she can hear us?
>> I can hear.
>> Thank you, Miss Hubble.
>> Cynthia Hubble.
>> Thank you, Miss Deont. I'll start with your report whenever you're ready.
>> Yes, your honor. I was able to meet with the minor child at his school. Uh he is in kindergarten now. Um his best friend from Head Start is in another class, so he's sad about that, but he is very social and able to make more friends. Um he's doing really well. There's no issues in school. Uh very social. He did indicate he likes living with his mom.
They're working on finding their own housing. Um, he said he likes to see both of his grandparents, both sets. He enjoys uh visiting with all of his family. He said he had a great Christmas, got some Teenage Mutant Ninja Turtle stuff. He said Santa visited him basically everywhere um he visited and he got a ton of presents. I have no concerns for him physically, educationally, emotionally. Um mom has complied with all of her case service plan, all terms of her probation. and she's doing really well. Um, some of the reports indicated that um, Sydney and Victoria's counseling together seem to be going well, but it's uh, fizzled out now. I think the courts provided all services possible uh, to the family to try to get them to work together to try to um, for the benefit of of Jameson or the minor child at this point. Um, you know, I think it's in in his best interest to have all the people in his life continue to be in his life. I think he he would benefit from continuing to have uh overnights with with both sets of of his grandparents. Um you know, but he's a loving and kind child. I know that the department was requesting um to close out the case. Um I don't have any objection to that. Um, but I think that that would just leave a grandparenting time order that needs to be worked out on the custody end of things because it wasn't able to be worked out uh during this last review period.
>> Thank you. Testimony today, Miss Thomas.
>> Thank you, honor. I would ask Miss Deaggars to be sworn in to provide her report.
>> Very good. Uh, did any of our attorneys want to make any opening comments before we got into testimony?
>> No, your honor. No. Thank you.
>> All right. More witness.
Do >> you sly swear affirm to tell the truth, the whole truth, and nothing but the truth? So, I hope you got >> Yes, I do.
>> Thank you. Um, Mr. Garza, as it relates to your court report, are there any updates or modifications that need to be made to it?
>> No.
Okay. And were there any other documents that you've circulated to any of the parties outside of the court report?
>> No. Okay. And at this time, um, how would you describe mom's compliance with the benefit from the case service plan during this review period?
>> Um, I would say that she continues doing amazing. Um, I think that she is thriving and progressing as um, as we all hope she would. Um she's doing really great. She's completed um participated in and completed most if not all of the things on the case service plan. Um she even participated this last uh reporting period with the reification services and they um stated to me the my family together program um that they closed with her actually on the 7th of this month um because she had done so well and completed all of her goals with them as well. um they do check out uh with her or go back out to her home um in three months and then six months just to make sure everything is going well, but they did close that service. So um she is continuing to participate in her probation services.
Um her probation officer said that she is doing well. Also, she has more than a little over um more than one year of sobriety. So, she she's just doing really well.
>> Thank you. And at this time, given that report, are there any concerns about the child's safety while being um in Mr. Hart's care without court oversight?
>> No, there are no concerns.
>> Okay. And is there anything as relates to the child that you would like to um supplement Miss Dumont's report with?
Um, I would agree that he's doing really well. Um, he's always playing when I go out and do home visits. Um, pretending like he's a ninja and trying to hide and things like that. So, he appears to be doing very well in the home. He's very comfortable there. Um, enjoy showing me the bedroom that he has and all the things that he just got for Christmas.
So, he's he is doing very well.
And didn't you report the recommendation for is is for case closure. Correct.
>> Yes.
>> And then as it relates to the grand grandparenting time custody order, um I believe your recommendation is to kind of default back to the prior order. Is that correct? Or is there something different?
Um I do know this last report period um they had been going back and forth um the paternal grandparents and mother trying to come up with something that is fair to um the child and his best interest. Um I don't think that unfortunately they've come come to an agreement yet. Um but I do feel like um mom is doing her best and trying to be fair. um for her child and look out for his best interest.
>> Do you believe that the this case the child protective proceeding is necessary um any further though in that regard like to help this family with the custody element or do you believe that can be handled outside of our case?
>> Um I do believe that could be handled outside of our case.
>> Wonderful. Is there anything else you'd like the court to know um about your knowledge? Sorry. Anything else you'd like the court to know, whether from your knowledge of the case or from your court report?
>> Um, no. I think that we covered it all.
>> Thank you, your honor. I have no further questions of Miss Delarozo and ask the court to admit into um the record the court report that she submitted on January 6th. Thank you.
>> Objections. No objections.
>> No objections.
Thank you. They are received questions for this witness, Miss Hansen Price.
>> Yes. Um, how much time in the last reporting period have you spent with Jameson and his sorry, um, with the child and his mother?
>> Um, I go to the home once a month.
>> Okay. Um, how much time during the course of this case have you spent with the minor child?
>> Um, the same during the entire case. I I was not the worker at the very beginning, but um I have had this case for a while and see him at least once a month.
>> Okay. And when you see him um how much contact do you have with a family typically, not just coming to the home, but uh either phone calls and I've seen your log so um phone calls, text messages. Um would you say that you spoke with Miss Deart weekly, daily? Um what was the frequency of that contact?
Um I would say at least weekly. Um she sends me her payubs without me having to ask. Sends me um proof of her attending um aa meetings. So it's at least once a week I would say. Okay.
>> And so you feel that um in your recommendation today you do ask that the court um essentially stand by the order that was entered in 2024 the guardian grand. Is that correct? Yes, I do believe u Miss Dayart is trying to be fair to the child and what is it isn't in his best interest. Okay. And you believe have you reviewed that order?
>> Yes.
>> Okay. And you believe that that order um does constitute the best interest of the minor child?
>> I do. Yes. Because it allows him to have um the majority of his time with uh Miss Deart, his parent, but also allows time for the grandparents to see him. Um, so at this time you would not it would not be an impediment to case closure for there to be a separate agreement because an agreement is already in the court system. Is that correct?
>> Correct. Um, is there any concerns that the uh my family reunification service uh authored to you or had spoken to you regarding Miss Dehart and her compliance with that service? No. So, um, they are consistent with case closure as well because their case also closed on the 7th, I believe you said.
>> Yes, they closed on the 7th.
>> Okay. Is there any other services that your department could provide for Miss Behard that she hasn't already completed?
>> No, I don't believe so.
>> I have no further questions.
>> Thank you. Uh, limited questions if any from Mr. Hotkiss.
>> Thank you, your honor. And they will be limited. Uh, thank you, ma'am. Are you able to hear me? Okay.
>> Yes.
>> Perfect. Thank you. uh part of the services that were provided in this case I believe from the department of health and human services was uh therapy as between Mr. the heart and the paternal grandparents. Is that accurate?
>> Yes.
>> And that therapy, if you're recommending case closure, would that therapy uh cease at the closure of the case?
>> Um, it's already ceased actually. Um, there was um a letter that I had provided from the therapist stating that it was no longer productive during therapies. Um, so she had stopped them.
And when you when you're phrasing it that it was not any longer productive, uh why wasn't it productive any longer?
>> Um the information that the therapist gave me is that there was a lot of um fingerpointing instead of trying to move past things.
>> I see. And just to be clear on my question, is that as between Mr. Hart and the paternal grandparents?
>> Yes, correct.
>> Okay. Thank you.
Now, you referenced to uh attorney Hansen Grimes questioning regarding the current order and you've seen the current order, correct?
>> Yes.
>> Now, do you think that there would be any detriment or harm suffered by the minor child Jameson in this case if there was increased time beyond that order?
>> Objection.
>> It's asked and answered. She stated that the current order is in the best interest of the minor child and at this point I really don't feel that she would be the appropriate person um to expound on that as she's already answered it.
Conor >> well for cross examination purposes he's allowed to ask what he wants to but I will say Mr. Humble that this is not the time to explore the grandparent visitation issue. That's a separate civil case. The only thing uh that the court has before it today is whether or not to uh continue the services that are in place through the department. So I would ask you to um move along to a separate issue. Thank you.
>> The are with that caveat in mind that I have no additional questions. Thank you.
>> Thank you. All right. Any questions for Miss Dant?
>> Miss Delgari, you're referencing the July 2024 order for grandparenting time.
Is that correct?
>> Um I don't have it right in front of me, but I I believe that is the date.
>> Okay. And can you um remind me of what the the current the current order is in which um the minor child gets to see um his paternal grandparents at this time.
Um, Miss Deart is has actually been giving um the paternal grandparents more time than what is stated on um the order, but without being able to reference it or have it in front of me, I'm not sure exactly um what is stated.
>> Okay. Would it be every other weekend?
I think that's what they've been doing, but that's not what was on the last order.
>> Okay.
>> Okay. I have no further questions. Thank you.
>> Any redirect?
>> No, your honor. Thank you.
>> Cross.
Um, yes. when you you had referenced the August 1st it is stamped by the court as August 1st but it is from um it is from a hearing from July 31st. What it are you familiar with that order?
>> Yes.
>> Okay. And um it does not allow for overnights. Is is that your understanding?
>> That's correct. That's what the order states. Yes. But it does allow that the mother can um essentially offer more time if she felt it would be appropriate and that is what has currently been happening. Is that correct?
>> Correct.
>> Okay. Um you feel that this is a solid basis and in the best interest of the child to have this as a foundational order. Is that correct?
>> I do. Yes.
>> Okay. I have no further questions.
>> Okay. Mr. Hubble or Hotkus, I'm sorry.
Any final questions?
>> No. No. Thank you.
>> Thank you. Thank you for your testimon question just just briefly. Um you had stated when Mr. Hodgekus asked you a question that it became fingerpointing.
Was it fingerpointing on behalf of Miss Deart or was it fingerpointing towards Miss Dehart?
>> Um it was fingerpointing towards her.
>> Okay. So in your estimation did Miss Deart um participate with the therapeutic option um in a productive manner? Yes.
>> Out of >> I have no further questions. Your honor, >> thank you for your testimony. You may return to your seat.
>> Um I'm not interested in litigating the grandparent visitation issue today, counselors. So um you're welcome to do that on your own time.
>> Any other witnesses? Miss Thomas, >> I'm sorry, your honor. Did you ask if I had any further witnesses?
>> Yes, >> I have none. Thank you.
>> Okay. Um, Miss Hansen Grimes, any witnesses today?
>> I have no witnesses today, your honor.
>> Okay. Mr. Hodkus, any witnesses on the issue of um reunification and continued case services?
>> No, your honor. None. Thank you.
>> Okay. Uh, Miss Duant.
>> No, your honor. Very well. Any comments in closing then? Beginning with Miss Thomas.
>> Thank you, honor. Um, I think that part of the concern that we've had in this case, just ensuring that Mr. Hart was able to maintain um her spiety and and progress in her case service plan in which she's demonstrated her ability to do so. And I would like to acknowledge that we often don't get to celebrate those victories with parents. And so I'm um very excited for her moving forward.
I know that the grandparenting time issue in the past might have been a concern about um as a way to safeguard the child. However, at this time with mom's progress, I don't believe that there's any risk of harm to the child if we were to um formally terminate jurisdiction in this case, there is obviously the circuit court case that this court is very familiar with um and that grandparenting time can be addressed there. I think that the department has made and the by way of the agency has made significant efforts to um assist this family in trying to create a plan that is sustainable for everyone and really maintains the child's best interest which I believe all parties are um committed to. I just think the way that they go about it might be a little different but I uh wish them the best. I would ask the court to terminate jurisdiction under the NA file um and proceed under the custody file. Thank you.
>> Okay. Any comments, Mr. Hodgekas?
>> No comments, your honor. I again, as I've said in previous hearings, commend us to for all of her hard work. I know it's been a long road. I know everybody in both families, no matter if tensions get high or not, are proud of her and commend her for her marvelous efforts.
So, I'm very happy to see that she did everything successfully. It does better for Jameson and that's why we're all here is for Jameson. So, I want to congratulate her sincerely.
>> Well said. Miss Hansen Grimes, would you like to compliment your client?
>> I mean, I I'm just happy to be here at this part this portion of the hearing. I get to Mr. McFarland did a wonderful job in guiding Miss Dehart. I just wanted to say that and that um she did the heavy lifting. um she has not only accepted her failings that brought her before you, but she has met the challenge in rectifying those and has put her child first. Um often in this court, we don't get to have these days. Um and so it's always a joy to be a part of them when somebody's hard work is paying off. um she's doing the very best she can and to um be acknowledged that um not only is she addressing her struggles um but that she is being the best mom that she can for this little boy and that he's thriving in school, socially and um in his own behavioral environment is always a joy to hear. So, thank you, >> Miss Deand.
>> Yes, your honor. I would just echo the sentiments of Miss Thomas and um recommend that the case be closed um and then wish the parties good luck in the um inevitable custody portion of the case with regards to grandparenting time.
>> Thank you. All right. I will say I know that I entertained a lot more testimony about the grandparents issue in prior hearings. um that was in light of the circumstances that were in place at the outset of his case wherein his child would have been uh very dependent on both sets of grandparents. Um while his mother struggled to overcome her challenges at this point she's been sober for a year. She's uh shown to be compliant with the probation terms and case services. She's impressed Miss Delarza and Ms. Dumat. Um I am also satisfied with the efforts that she's made at this point. Um, and it's my sincerest hope that uh you're able to make this a sustainable situation for yourself and your son moving forward. Um, because I think you've seen uh what uh he's in for if you don't frankly um set both sides of grandparents I think did give us their best efforts in trying to um come to a situation. Both of them fiercely both sets fiercely care about uh this child.
Um, but uh it's best for him to be with his mom and for his mom to be successful and for his mom to try to tackle and navigate the relationship between these parents rather than me. So, thank you for taking that back on and I wish you the best of luck going forward. Well, be the order of the court that the um the uh case has been satisfied with regard to case services, child has been reunified and the jurisdiction uh both child and parent are released. Hey. Hey.
Hey.
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