In child custody cases, child safety is the paramount consideration that outweighs parental rights and fairness arguments. Courts prioritize protecting children from harm over allowing parents to exercise their rights. When parents demonstrate persistent patterns of domestic violence, dishonesty about their relationship status, and continued contact despite court orders, courts may change the permanency goal from reunification to adoption. The court cannot offset a parent's progress in other areas (such as sobriety or therapy) when significant safety risks remain. This principle ensures that children are placed in environments where they are physically and emotionally protected, even if it means limiting or suspending parental visitation rights.
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Mom Lies in Court — Judge Instantly Ends Her Custody Chances #courtroomdrama #childcustodyHinzugefügt:
MSU extension certificates for parenting classes for mom. Um the my core register of action so to speak on criminal charges for dad. A psychological evaluation for mom and then um screenshots of contact or communication between the parents in Are there any other documents that you've provided to any of the parties other than the ones that I've listed?
>> No. And to the best of your knowledge, are there any updates or modifications that need to be made to any of those documents?
>> No.
>> Um, as it relates to this case, um, at this time, does the child still remain outside of each parent's care custody?
>> Yes.
>> And is that in a licensed foster home?
>> Yes.
>> Were there any additional efforts to locate relatives during this review period?
Um, [clears throat and cough] mom did um name two relatives um not the previous report period but the one before that I believe. Um and we were able to complete both of the um initial placement safety screenings. Um but both of the parties were denied by the agency.
>> Um I'm going to interrupt for just a second. So, we had uh Mr. Handlin appear to us uh by Zoom and then so he was in the jail Zoom room and then all of a sudden the camera >> Yeah, I'm here. Judge.
>> Okay. Your name for the record, please.
>> Dakota Hamlin.
>> All right. Are you able to um allow the video feed to come through?
>> Yeah. Let me see.
>> There we are. Thank you. Very good. If you could uh leave that on, please, so we know that you can hear and see everything that's going on. Thanks.
>> All righty.
>> Hey, go ahead. Thank you, okay. Um, at this time, do you believe that there is still a substantial risk of harm to the child if the child were to be placed with either parent today?
>> Yes, I do.
>> Can you briefly highlight what that risk of harm is? Um [clears throat] the housing um is still an issue. Um criminality with Mr. Hamblin, Hamblin, excuse me. Um and substance [clears throat] abuse concerns still with Mr. Hamblin and also um the domestic violence is big portion of that.
And during this review period, um, what efforts were made by the agency to address any barriers to reunification at this at this time?
>> Um, we continue doing um supervised parenting time. Um, I did offer with Mr. Hamlin to do um a parental home visit which he declined um numerous times. And um we also [clears throat and cough] were able to receive the psychological um recommendations and um continue doing drug screenings.
>> And the orchards program was um that also took place during this year period.
Correct.
>> Yes.
>> And at this time given the Well, let me just ask a different question first. So during this review period, how would you describe the parents level level of compliance so they can benefit from their case service plans? Um especially considering the efforts put forth by the agency.
>> Um I would say Mr. Haml's were very minimal if any at all. Um Miss Estus did um complete the orchards program. Um she's been doing screens.
She's been attending parenting times um [snorts] and she is doing uh therapy um regarding domestic violence through family medical center and also through um Katherine Cobb. However, um the domestic violence still is very concerning.
[snorts] There's I mean your report sort of highlights this but um can you articulate the events that taken place during this review period that make you concerned about domestic violence in this case?
>> Yes. So after um the hearing that we had in December um where Miss Estus had stated that she um wanted nothing to do with Mr. Hamblin and she was not having contact with him and things like that. Um I did receive um screenshots of proof that they had been together um very recently before the court hearing actually.
And um also during this report period um Miss Estus did take out a second or a different PO um against Mr. Hamlin that stated they were not allowed to text or see each other or anything. Um but it came to my attention that um they [clears throat] were having contact and have been having contact um and that they had face to face contact with which actually led to um an incident a domestic violence incident occurring which is why Mr. Hamlin is currently incarcerated.
Um to the best of your knowledge though, was that PO active at the time of the incident in which Mr. Hen um got incarcerated for? Um I do not believe so. He was arrested on February 4th and um Miss Estus petitioned the court to drop the PDO on January 30th.
>> This is where it turns. housing instability, criminal behavior, substance abuse, and then the biggest red flag, domestic violence, not past issues ongoing.
Have either the parents been open with you about the relationship and their intentions or what knowledge do you have about their dynamics? I guess is it coming from them or how are you finding information out?
>> Um so Mr. Hamlin did give me some of the information u following the last court hearing. Um I've also gotten information information from Mr. Hamlin's mother um of screenshots that were provided to me and you know stating that he is um incarcerated and what had happened. Um, and Miss Estus has not been very forthcoming. Um, I believe during the before the past hearing that we had, she was she would call me and give me updated information.
Um, and she continues to give me updated information about services. However, um, I did give her an opportunity to explain to me what happened um, on February 4th when Mr. Hamley got arrested. Um but she at first denied it and then when I was asking more questions um she did say that they had met face to face um something to do with having a storage unit together but under his name >> to the best of your knowledge what what actually happened.
Um, I'm still waiting for the official police report, but to the best of my knowledge, um, they met up face to face.
Um, Miss Essa stated she was trying to get, um, I'm not sure if it was the keys for the storage unit or just get her things out of the storage unit. um which led to him stating that he was going to um kill Miss Estus and then um commit suicide himself and then ended up um choking her in the mix of that.
Do >> you have any idea what time of day this happened? Um, I don't know what time the incident was exactly, but I believe he was arrested around 3 or 4 a.m.
>> And Sylvester, has there been any contact between them since he's been arrested?
>> Um, the jail officers did tell me that her phone number is accepting collect calls from him while he's been in jail.
Although there's no contact order currently.
And during this uh review period, what has parenting time looked like for the parents?
Um, so both parents are offered two times a week visitation for two hours each. Um, Miss Estus has um attended all but four and two of those were actually excused and so they were made up at a later date. Um, Mr. Hamlin. He's attended two out of 22 visits that have been scheduled this report period and those were back in December.
>> Are there any concerns about parenting time uh with Miss Estus?
>> Um I would say that she she does well during parenting time. She's attentive um to the child. Um, the only concern I guess I would have is, um, when the child becomes upset or is crying, um, staff a couple times have had to step in and give suggestions about maybe things that she could try. Um, and during one of the parenting times in January, um, because he was crying so hard, one of the supervisors asked if she wanted to take him to urgent care, um, to see if there was something else going on. Um, and so they did that. However, there the doctors did not um, find anything.
I mean, at this time, do you believe that there's sufficient progress or safeguards in place that you could comfortably recommend moving towards expanding parenting time or unsupervised parenting time for either parent?
>> Um, I don't think so. I mean, at this time, um, Mr. Hamlin, like I said, has missed many visits. Um and um Miss Estus, although she is making progress um in her case services, there is the um significant concern still of domestic violence.
And generally um can you just provide an update on how the uh child is doing right now?
>> Yeah. Um he is almost six months. Um he's doing very well in the home. Um during my monthly home business that I do, he's always very happy, learning new things every time I go out there. Um and is just progressing in all aspects.
Do you believe that the parents have made significant progress towards civil reunification during this review period?
>> Even worse, contact didn't stop. Calls from jail continue. No contact orders mean nothing here, and the court sees it clearly. This cycle isn't broken. It's still alive and dangerous.
>> Um, I do not at this time. No.
Um, I'm not sure. I know at the beginning say it's our second review. Is this planning hearing as well?
I know it's Mr. Hamlin's first review and Ms. Estus's second.
So, [clears throat] I can clarify that for you.
It is set. Yes. as a permanency planning hearing as well.
>> Given you just testified that there has not been sufficient progress to continue towards the goal of reunification, are you asking the court to reconsider the goal of reunification for these parents at this time?
>> Yes, we are asking that be changed to adoption.
Is there anything else you like the court to know for today?
>> With that, your honor, I'm asking the court to accept the court report with the attachments.
>> No objection.
>> No objection. [snorts] >> No objection.
>> All right. Thank you. They are received questions for this witness witness. Miss Burgerer.
>> Thank you, your honor. Uh Miss Daily Garza, can you hear me? Okay.
Yes.
>> Um, there are several things in the court report that look to be positives for uh, Miss Estus. Is that correct?
>> Yes.
>> And can you talk to the court about those, please?
>> Um, yes. She, like I said, is um, participating in uh, therapy through Katherine Cobb and also through the family medical center. Um, she continues taking her um, prescribed medications.
and attending the medication reviews.
Um, she's attended her psychological evaluation. She's been negative for all substances for all of the screens that she's taken um since the beginning of this case. And um although she's she's still living at the shelter, but she is on the waiting list for a couple different places in town.
[clears throat] So, right now, what's your biggest concern with mom?
>> Um, the domestic violence.
>> Okay. And can you articulate to the court specifically how she is doing something to contribute to that?
>> Um, I'm just concerned that she continues having contact with him. Um, although she's stated on record and stated to me that um, she knows that's not in her best interest and she knows that there are things that Mr. Hamley needs to work on um and doesn't want a relationship with him. However, continues having contact with him and putting herself in situations that um lead to the incident that happened in the beginning of this month.
>> Is she ever charged when these domestic incidences get brought up?
>> Is she what? I'm sorry. she ever charged criminally?
>> Um, not not during our case, I don't think so.
>> Okay. And do you think that she's a perpetrator of domestic violence?
>> I don't believe she's a perpetrator, but her continuing contact is very concerning.
>> So, because she is continued to be victimized by Mr. Hamlin, you want to terminate her rights to her child >> because I believe that she's also playing a part in [clears throat] the domestic violence and what's going on and she continues to minimize things that happen also.
>> Okay. But you said that you don't think that she's a perpetrator. So what part is she playing other than a survivor?
>> She just the continued contact.
>> Okay.
No further questions. Thank you, >> Mr. [snorts] McFarland.
>> What services on the case service plan will you be offering my client now that he's in jail?
>> Um, I did ask him if he's getting any services while he's in jail. Um, he has seen a psychiatrist for for prescribed medications.
Um, but while he is in jail, I'm not sure there's much more besides me trying contacting him and um, you know, seeing if there's anything that he needs and making sure he's um, staying up to date on the case and things like that.
>> You're not disagreeing with the legal concept, the innocence until proven guilty. Correct.
>> Correct.
>> And you didn't personally view any of these?
>> No.
>> Incidents.
My understanding is that Jill will now allow visitation with children by Zoom.
Are you aware of that?
>> Yes, I am.
>> What type of arrangements will you be making with my client if he wishes to avail himself for visits?
>> Um, I would leave that up to the court to um see if it's they believe it's in the child's best interest. I don't just because of the age of the child. Not sure how much you could engage with Mr. gambling.
>> So, how old right now?
>> She's about I'm sorry.
>> How old is the child?
>> Almost 6 months.
>> The defense tries to fight back. They highlight the mother's progress, therapy, sobriety, effort. But the court isn't just looking at effort. It's looking at results and safety.
>> Seeing a father's face or anything like that, you don't think there'd be sign any benefit to that?
Um, I don't believe so at this time since he's not seen him in months.
>> Okay.
>> If my client wishes to engage, >> my is my presumption correct that he should first contact you upon his release in jail?
>> Yes.
Has >> he discussed voluntary me releasing his rights with you?
>> No, he has not. Okay.
>> Nothing further.
>> [clears throat] >> Mr. P.
>> Yes. Other than uh the domestic violence issues that you've touched on, do you have any other major concerns regarding uh mom's progress through the case service plan?
>> Um no. I I do think she's doing well.
Just um the concern that when the child does get upset during visits that she's not able to calm him down.
>> Does mom have adequate safe housing at this moment? Um, she's residing at the shelter. So, yes.
>> Can you read your eyes?
>> Miss Garza, you mentioned or you clarified that you don't believe that Miss Estus is a perpetrator of domestic violence. What did you mean by that?
>> Um, just that she has not been charged with anything yet, although she is minimizing and continues to have contact like I stated. Do you believe that she's an active participant in perpetuating the cycle of domestic violence?
>> Yes.
>> And do you believe that that is based on her actions of continuously engaging with Mr. Hamlin?
>> Yes.
>> And dropping a PO?
>> Correct.
>> I have no further questions. Shorter cross.
>> Okay.
>> No, there.
>> Thank you for your testimony. May return to your seat. Next witness. I have no other witness testimony today. Burger.
>> No, your honor.
>> Mr. McFarland, >> let me ask a couple questions of my client. You might be sworn in.
>> Mr. Hland, thank you.
>> Mr. Hamlin, can you raise your right hand, please, sir? Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? So, I'll be God.
>> Can you unmute, please, before you answer, sir?
>> Yes. Thank you, >> sir. Do you know how long he might be incarcerated? [clears throat] >> Um, I am hoping to get out this week. Bonded out this week.
>> Okay. [laughter] And do you wish to engage in services or to do a voluntary release or given some thought as far as where you wish to go on this case?
I that's something I think that I would have to maybe talk over with you in private maybe. Um >> Sure.
>> And when you're out, you can schedule an appointment with my office if you wish to do so. Okay.
>> Sure.
>> And did you hear the worker testify that if you wish to engage upon release, the first thing you should do is make an appointment with her. You wish to engage in services and get back on board?
>> Yes, I I heard that. Anything else you wish to contribute today?
>> No.
>> We'll see if anybody else has questions.
>> Any questions?
>> Mr. Hamlin, just for um clarity, were there any barriers pre that prevented you from engaging in therapy on a regular basis when you were not in jail?
Um, I mean, yeah, when I uh when my car broke down, that was kind of a big barrier being out at my mom's.
I don't really have a lot of transportation from out there.
>> And prior to your incarceration, were you still working? [snorts] >> Uh, no.
Okay. Thank you. I have no further questions.
>> Okay. Um, any other questions, Mr. Howitt?
>> No, your honor.
>> Miss Burgerer?
>> No, your honor. Thank you.
>> All right. Any other >> Okay, Mr. Howard, anyone you'd like us to hear from?
>> No, your honor.
>> Comments in closing, beginning with Miss Thomas.
>> Thank you, honor. Um I was re reviewing the notes that I've taken for this case.
Um and obviously we had a long history with this family um dating back several years. And when we this new kiddo was born, we had a preliminary hearing in which um this court [snorts] had discussed at length with the parents, especially in this court's findings, um that there was ample time for Miss Estus to um demonstrate to the court how she was going to avoid the patterns of domestic violence and that her failure to do so is what formulated the risk of harm and formed the basis uh for the violation of the statute allowing the court to take jurisdiction.
because of the prior terminations, this was actually a termination initial disposition. However, uh we allowed her to engage in a case service plan um in exchange for the plea and that with that understanding you would be looking at permanency at the first regular review.
>> Meanwhile, the father's situation gets weaker. Jail, no services, no engagement. Arguments about rights and fairness don't outweigh one thing. The child's safety comes first always.
>> Which brings us to December, which we uh were lied to. Um we have the text messages now showing that they were in communication at that time. Um and then again, we have another review period in which domestic violence is still an issue. Um the idea that Miss Ess is simply a victim is um inaccurate.
[clears throat] And this was discussed at length by Miss Heis, the former LG during the premier hearing. Um that allowing her to see herself as solely a survivor uh was very close to enabling her and not addressing the patterns that actually continue to perpetuate the cycle of domestic violence with these parents, which is long-term and pervasive. Um given that that is one of the main issues that brought this family um under this court's jurisdiction numerous times, it is still not resolved. It is appropriate at this time for this court we believe to change the goal to adoption especially considering again that um as relates to missest uh this was technically an aggravating circumstance case. Uh with that, your honor, we are also asking the court to set this for a termination hearing in which we would anticipate having a petition filed um and served at the um in time to have that termination hearing with the next review and permanency planning hearing.
Um these parents have a lot of work ahead of them. I don't think that Miss Estus her problem has ever been complied with the case service plan. It's always been to benefit from the same. Um, and we're seeing that pattern again and it's really unfortunate because there were several years and so many resources invested into this family and these parents are just not able to break the cycle. Um, we are asking at this time for parenting time as it relates to Mr. Hamlin be suspended. He was not exercising it um before his incarceration and given um his current incarceration and lack of engagement in services, I think that's significant. Um, and this child uh would be at risk for um some psychological harm and and essentially being introduced to someone that Sean has not seen in nearly well consistently at least for half of his life at this point in time. Um, we're asking the court to continue the supervised parenting time for mom. Um, again, I don't think that this is just on the domestic violence, but also the testimony that there's some struggles with um, consoling and comforting and understanding this child's needs during parenting time. Um, and I would ask the court to limit that to the uh, policy standards rather than any extended period of um, parenting time that we might otherwise offer.
Thank you.
>> Comments, Miss Burgerer.
Thank you, your honor. Um, at this point, we are asking for another standard review period and that a um petition for discrimination not be filed. My client is substantially in compliance with the case plan service or the case service plan. Um, however, the concerns of the agency are not falling um on deaf ear so to speak. uh she's aware that um this has been a major concern for the agency and um unfortunately I think it's come to this most recent domestic violence incident for her to realize that um potentially she could be killed and that she is no longer able to continue with um any sort of relationship or contact with Mr. Hamlin.
Uh at this time, judge, she is asking uh for more time to uh continue to work on that, to continue through therapy and to show the court that although her um [clears throat] ability to uh stay away from Mr. Hamlin and to not be um putting herself in situations where she can potentially be a victim of domestic violence. um to show the court that she's able to do that and um to to express that although she is a survivor um of domestic violence that that's not all she is um that she also is trying her best to be a mother to this child um and to uh her other children if that's ever possible again. So, judge, at this time, we are asking for another review period um and for some more time for her to continue with the the um the therapies that are working um with her medication, with her medication reviews. Um her substance use has been um incredible. You know, her sobriety has been great during this case. So, at this time, judge, we would just ask for another review period. Um if you do um authorize the filing of the petition, we would ask that um she continue to have parenting time. Uh the court report is um pretty clear that she's uh fairly bonded with this child that um it is an um extenduating circumstance that uh that that should require her to be able to continue to see him um while this case progresses.
Thank you, >> Mr. Brown.
>> The first thing that I'm taking a look at is I do see a letter from one of the Cherokee tribes indicating no affiliation. But when you mention Cherokee, there are multiple tribes and I've gone through all my documents. I don't see green cards from the other Cherokee tribes, your honor, and I'm curious if they were sent or will be signed by the agent necessary to accomplish that properly. So, I think we're still possibly looking at active efforts for reunification until we get an answer on that. Uh, we don't have an expert that weighs weighed in today, just dicta that it might be possibly harmful to this child uh to have contact with his father. I don't know if the goal is still reunification and this is my client's first review.
>> Now the courtroom zooms out. This isn't new. Years of history, repeated patterns, chances already given and still the same issues remain. That's what makes this case heavy.
>> You're basically saying we don't want you to be the father. uh him having contact with this child the very least would be no more harmful than child watching television or seeing the face of a babysitter or somebody like that if the child doesn't recognize him but if he is going for uh continued bond then facial recognition is important at this age uh recognition of the voice uh is important and also helps when he is released from jail to engage engage in the turning time if he wishes to do so. So if he wishes to engage, I would like the court to permit that. Your honor, thank you.
>> Yes, sir. I'm in full support of the uh AY's proposal to change the permanency plan goal. Um you know, I think it's due to the the child's age. He's six months old. He's only known this home. He's only been around these uh this placement. Um but most importantly is the issues of domestic violence are still persisting. this last review period has just been a micro present for those issues where um they're adamant that there was no contact between them.
The go was removed and um we're right back to to where we are where we started essentially. Um I think you know I think the longl lasting effects that domestic violence being witnessed by a child um between their parents is is very well stated and um is definitely you know on my mind as I make this recommendation. I worry that um the the young child may eventually be exposed to that and that's something that we definitely want to avoid for the uh the trauma that that could cause. Um, I also support the terminate or the suspension of parenting time of dad. It's been sporadic, excuse me, sporadic at best. He's not engaging in the parenting time.
Wish that the uh parenting time of mom continues to be supervised um at the uh department. Thank you.
>> Thank you. [clears throat] On the Native American heritage issue, looks like there were four inquiries sent. We got copies of the inquiries and uh evidence they were sent certified mails, the Eastern Band, the Black Feet Drive, Cherokee Nation, and the Keo Band. There was a denial letter from the Keawa Band, and the Eastern Band. And today, the court received a denial letter from the Cherokee Nation. Uh looks like there may be one outstanding tribe, Miss Thomas, that we've yet to hear from. The court had also previously indicated that it would be satisfied with production of prior IQA research considering that these two parents have had um prior cases uh in the court. How would you like to approach that issue?
>> Your honor, I believe that per policy that um it would uh inquiries have to be submitted each CPS contact. And so because this is a new one, I think that um we just need to follow up with the inquiries that were sent. um if we're just missing that one inquiry, I believe that we [snorts] can find the u designated agent for the tribe and send an email to follow up and hopefully have that information by the next year.
>> Right. Do you believe you'll be prepared to proceed on your request also for a petition for termination?
>> Yes, sure.
[clears throat] >> All right. Well, as it relates to uh today's hearing, this was the second regular review as it relates to mom. on the first regular review as it relates to Mr. Hamlin. Mr. Hamlin has not engaged in services. He's missed u 20 out of 22 parenting times. Uh he's neglected to build any sort of bond uh with his child and I see no reason to grant an already absent parent uh who's completely disengaged with services parenting time. Uh the court does have the discretion to suspend parenting time of an absent parent and that given also coupled with a request by the department to uh issue a change in the primacy goal and a request to move forward on a petition for adoption which I will be granting. I am suspending parenting time for Dakota Hamlin. Miss Estus uh is making some progress in a significant area which is her sobriety.
Nevertheless, the dishonesty that we've seen actively um from the outset of the case around her relationship and contacts with Mr. uh Hamlin are significantly concerning to this court, especially considering how that last interaction went and the fact that she's still receiving um phone calls from the jail uh despite a no contact provision um and her own attempts to reassure the court case worker and other supporters uh that she's attempting to remedy that risk to herself, which would clearly pose a significant risk of harm to any child placed in her home. Um unfortunately I cannot I can't take her success in some areas and offset that significant risk especially in a case such as this uh where we are um already looking at a shortened term uh identified issues that are uh clearly continuing to be pervasive still does not have adequate housing employment or transportation. She's got some other challenges that are still um really preventing practically speaking her from being able to take care of her child in addition to the very physical risk associated with allowing her to have a child in her presence.
understanding that um her sobriety is in this infancy and uh she has clearly no uh regard for her own safety or the safety of others uh that may be in the vicinity during some of these instances that she's chosen to interact with the train.
So I can't uh disagree unfortunately with the department or um our guardian enlightenment that at this time a change of the goal in this case to adoption is necessary and appropriate. This is a very young child.
>> I'm sorry.
>> I just want to sign sign over my rights.
>> All right. That can be prepared I'm sure uh between now and our next review hearing. Um, Miss Estus will let the department and the case worker uh look at that uh at your request. The child will remain in uh foster care placement at this time in light of all of the challenges that continue to exist in this case preventing reunification. His placement is currently the safest and least restrictive under the circumstances.
We're looking at a review hearing coupled with a request on a termination petition if it's timely filed and served uh for May 19th at 2:30. We'll give that two hours to entertain that petition if it's again finally timely filed and served. Uh the concerns of the court are echoed in the uh court exhibits received as well as the testimony today. uh they firmly support the court's decision today and u we'll have the review permanency planning hearing as necessary in that um hearing on termination request at our next juncture questions. I believe that's all for today.
>> Final arguments hit hard. One side demands adoption immediately. The other begs for more time. But time isn't just time. It's risk and the court knows delays can cost to child everything. And just like that, decision made.
Reunification is out. Adoption is in.
Father's rights limited. Mother's progress not enough to outweigh danger.
The child stays in foster care where right now it's safest.
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