Mom THOUGHT She Was Getting Her Baby Back… Until Judge EXPOSED Why The Child Couldn’t Return Home!

Hinzugefügt: 2026-05-25

[00:00:00]He's He's in the waiting room. We're going to take the mom's review first.

[00:00:04]Call us whenever you're ready. This is in the matter of Chloe Condit, file 25061 and 8. Okay. This is a review of the progress that's been made by the mother in this case, Ms. Ellie Garen.

[00:00:18]May I have the names of our participants, please? Carson Howlett, lawyer guardian ad litem.

[00:00:23]Nastasha Thomas, counsel for the department.

[00:00:26]Macy Moore, foster care worker with Catholic Charities. Michael Brooks, I'm the attorney for Mr. Condit.

[00:00:34]He's here, but we've taken him put him in a waiting room. Yes, for all our purposes, the reviews for each parent are are held separately. We appreciate you being here and we'll get your client as soon as we can.

[00:00:49]Okay, comments? I'm sorry, your honor.

[00:00:51]>> Ms. Go ahead. Good afternoon, Ariel Burger here on behalf of mother Ellie Garen.

[00:00:58]And the Garens?

[00:01:00]Good afternoon. My name is Tonya Garen.

[00:01:02]I'm Ellie's mother and legal guardian.

[00:01:06]I'm Ellie Garen, mother of Chloe.

[00:01:13]Okay.

[00:01:15]We can go to Mr. Howlett for his report.

[00:01:17]Yes, I was able to see the child at parents in time with her father on January 5th, 2026. This latest reporting period has been a bit of a struggle for the child. Around towards the end of November around Thanksgiving, she began to experience what has been diagnosed as infantile spasms.

[00:01:35]They were very concerning to her placement and placement sought medical attention immediately and since then she's kind of been in and out of the hospital.

[00:01:43]And seeing a bunch of doctors. Really the goal was just to diagnose but also to ensure that she's on the right medication.

[00:01:52]So, you know, we're not doctors but and we're not I'm not 100% sure the long-term effects that this may have on her, but placement, what I've seen has done a great job of just being with the child every step of the way and ensuring that she's getting the right medical attention. She's taken to the hospital in the middle of the night. And with all this time and back and forth between doctor visits and hospital stays, I think it's important that you know, the developmental side of the child doesn't get lost.

[00:02:25]And that you know, we're following the recommendations and seeing if there's anything we can do, whether it's through early on or OT or PT, just making sure we're staying on top of that. So, I think that's something that we our side of things could could definitely control. I'm going to need you to speak up just a little. I know you're by the microphone, but I'm still having trouble.

[00:02:43]So, I think that's something that our side can control as far as the PT and OT and any other recommendations early on they have.

[00:02:51]Also, this reporting period there was a Mick investigation that was closed with you know, no concerns for wrongdoing and it ended up being more of a you know, medical maybe an anomaly, but just you know, another wrinkle to this potentially troublesome reporting period. When I saw the child behaviorally, she was a little bit fussy, but did appear to be gaining appropriate weight, which is impressive for you know, being inside of the hospital and in and out of that different environment. You know, she did have some very big cheeks, so definitely gaining weight and eating eating okay.

[00:03:30]So, despite the medical issues, this was still good to see on her growth, but I do know there was some noted concerns about the developmental side of things, so um I think something that was asked to be explored this reporting period was what would it look like for to do at least a few visits in Pennsylvania with the guardian and her mother.

[00:03:55]This we kind of put this on the back burner until we put this I put this on the back burner as we you know really focused on getting Chloe the right requisite medical attention and it just wasn't sure what that transition would look like back and forth and didn't seem safe to to try that for now until we got more clarity on what her medical you know process would be for the next few weeks and months. So I think that there's a lot going on with the child right now and I do think she's in the best place to have those needs of taken care of and evaluated.

[00:04:30]She's got a great placement and medical staff in place that I I wouldn't want to disrupt right now.

[00:04:36]And then you know in the future I think when when the time is appropriate we can be exploring what it would look what it may look like for her to go to Pennsylvania and and see them but for right now I think the medical side of things is is more pressing. But so I do think it's in her best interest to remain where she's at.

[00:04:54]She obviously did not disclose her wishes due to her age. Thank you.

[00:05:00]Okay.

[00:05:01]Any other opening comments from our attorneys before we get started?

[00:05:05]No your honor, thank you.

[00:05:07]No, thank you.

[00:05:09]Testimony today Miss Thomas.

[00:05:12]Thank you honor. If Miss Moore can be sworn in please.

[00:05:16]Do you swear or affirm that you will stand?

[00:05:21]Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth so help you God? Yes, I do.

[00:05:26]Okay. I just want to acknowledge for the record I see we have Mr. Peter Winter here with us and typically you come in for Mr. Amadeo's office sort of also on behalf of the department. Is that I I've made that assumption here this afternoon. Is that accurate Mr. Winter?

[00:05:41]Um your honor, I'm not sure who I'm representing here. I I Mr. Amadeo asked me to step in. He said I don't think you realize there was going to be testimony being taken. He's at a funeral in Flint.

[00:05:56]So, if if I recall correctly Once testimony preparations began, the courtroom mood turned awkward.

[00:06:03]Attorneys were confused about representation. Substitute counsel appeared unexpectedly. I think he he represented Ellie at one time. I'm not sure.

[00:06:15]He still does, Your Honor, but that's only in the guardianship case.

[00:06:19]Got it. Okay. All right. So, hang tight, Mr. Winter, cuz we're in the review aspect of things. I'm not going anywhere.

[00:06:29]Okay, great.

[00:06:31]Okay. Testimony from your witness today, Ms. Moniz.

[00:06:35]Thank you, Your Honor. Ms. Murray, you've provided a court report for Ms. Garen today. And there are a few documents in there, but have in addition to those that are in the packet, have you circulated any other documents as it relates to Ms. Garen since you filed them?

[00:06:50]>> No, I have not. No, I have not. Sorry.

[00:06:53]It's okay. Are there any updates or modifications that you're aware of that need to be made to that packet?

[00:06:59]I have just a couple updates to give today. Okay. Go ahead whenever you're ready.

[00:07:04]Chloe did go for her neurology MRI follow-up this morning. I obviously have not had time to call the neurologist and get an update. But that was kind of the to determine the next steps of treatment and the possible underlying conditions of why she is having these infantile spasms.

[00:07:26]Um And then she is in early on. I believe they put a pause on it due to the medical concerns just having so many places to kind of run around to. And then she has been referred to PT and OT.

[00:07:40]And same kind of thing, we just have yet to schedule that with all of the other appointments that she was having.

[00:07:47]And then for Ms. Garen, she is seeing a psychiatrist, Amber Gazelle, through Maryball in Pennsylvania for medications and reviews in addition to her individualized counseling.

[00:08:01]And then we do do FaceTime visits as the child allows us to.

[00:08:06]If she's too fussy that day, we'll cut them short because our staff's the one kind of holding her for the FaceTime.

[00:08:14]And then in-person visits, same thing.

[00:08:18]Ms. Garen and her family came up on 12/26 and 12/27 for visits and they're going well.

[00:08:26]No concerns being reported or anything like that. So, those are my main updates.

[00:08:33]And >> [clears throat] >> as relates to mom's case service plan, how would you describe her compliance with and benefit from that case service plan during this review period?

[00:08:43]I would say it's good. She's participating in a lot of things, counseling, doing her medication reviews. She just got a job.

[00:08:51]She is also participating in the Triple P parenting classes and I've also mailed some of the Bab Lock parenting packets to her as well and she's read those and done the work in the back of the packets as well. So, I would say she's doing good compliance and doing the things that she needs to.

[00:09:11]And this is maybe a little out of turn here, but are you aware of whether or not the guardianship for Ms. Garen was recognized and ordered in Pennsylvania as well?

[00:09:25]Yes, I believe that it was. I just got the order sent to me, so I haven't looked at it physically yet, but I believe that it exists. Okay. And And this review period, were efforts made to determine whether or not um Ms. Tanya Garen and her um husband would be an appropriate foster home or placement for the child?

[00:09:48]Yes, they were. Um we got a Interstate Compact report back um which does do a denial based on the fact that Ms. Garen's living in the home with them, but in the report it outlines that the home itself is appropriate.

[00:10:06]Um I also noted noticed that in that summary email the reporter indicated um maybe some concern about whether Ms. Tanya Garen had been forthcoming with some information and then the relationship between um Ms. Ellie Garen and her mother. Have you been able to discuss those concerns with the family?

[00:10:30]I discussed them briefly prior to the report coming back. Um Tanya Garen had told me that she signed all the necessarily necessary releases for them to obtain her prior um mental health history, but that was kind of the extent that I got.

[00:10:50]Okay.

[00:10:51]>> talked to her since.

[00:10:53]With >> [clears throat] >> there being an established guardianship in Pennsylvania now, what would be the risk of harm to the child if the court were to return the child to Ms. Ellie Garen today?

[00:11:07]That's a hard question. I think I need some clarification. So, would it be a return home like with the guardianship go over Chloe in a way? So, Tanya's technically with Chloe. Does that make sense or is that Did I make it more confusing?

[00:11:24]Well, it the question just is with Ellie being in a guardianship and being in the home with Ms. Tanya Garen what is the risk of harm to the child if the child were to be returned to Ms. Ellie Garen?

[00:11:41]I I can't really think of any risk of harm off the top of my head if that were to occur.

[00:11:47]Okay.

[00:11:50]Do you know if Mr. Kunduff has filed for any custody of the child?

[00:11:56]Not that I am aware of, no.

[00:12:00]Still, concerns quickly returned once discussions focused on Ellie's ability to independently parent the child. The worker explained the grandparents helped manage medical communication.

[00:12:12]Um the report indicates that mom is on a is supposed to start um the parenting class. I can't remember the name off the top of my head. The Maybe it's Triple P or something like that. This month I'm sorry. Did Did you indicate whether or not they have started?

[00:12:26]I believe that it has. I haven't gotten um any like certificates, but um it was reported to me that she began the classes, yes. Okay. Okay.

[00:12:38]And is Ms. Ellie Garen um participating with her guardians, uh Ms. Tanya Garen and Mr. Patrick Garen, in any of the medical appointments for the child?

[00:12:50]Yes and no. They have the neurology um like number, so they're able to call the neurologist to get any information or ask questions. They stay in touch that way, um but joining the visits have not been a thing um just because they're already pretty hectic, I would say.

[00:13:11]Okay.

[00:13:15]Is there Are there any other services that Ms. Garen needs to engage with um in order to be you know, continue to be compliant with her case service plan or is she doing everything she can?

[00:13:26]I would say she's doing everything, just continued participation and compliance.

[00:13:33]Is there anything else um that you would like the court to know about from your knowledge of the case today?

[00:13:41]I do not believe so.

[00:13:43]Okay.

[00:13:44]Thank you.

[00:13:46]Um Let me just make sure I have everything and I've reviewed.

[00:13:55]Your Honor, I have no further questions of Ms. Moore and would ask the court to admit in the um court report packet that was submitted for today's hearing.

[00:14:06]Uh objections?

[00:14:08]No, Your Honor.

[00:14:10]I [clears throat] have no initial objection, Your Honor, but I just received the court report maybe 2 minutes before the hearing started, so I would just reserve any objections for the next hearing, if that's possible.

[00:14:21]Objections to that request?

[00:14:24]No, Your Honor. No, Your Honor.

[00:14:26]Thank you. All right.

[00:14:28]They're uh it's received and the objections are uh reserved.

[00:14:36]Okay. Uh questions for this witness, then, Ms. Berger?

[00:14:41]Thank you, Your Honor.

[00:14:42]Ms. Moore, can you hear me okay?

[00:14:44]Yes, I can.

[00:14:47]If there is no risk of harm to returning the child to mother, why are we not returning the child to mother?

[00:14:55]Um a big part of it was her medical concerns, getting that kind of under control and having the doctors kind of give us a next step of where to go after that was my main concern.

[00:15:09]Is mother on board with the child not being in her care at this time?

[00:15:15]Um I'm not sure. Could you re-ask the question?

[00:15:20]Is mom in agreement with her child staying in foster care?

[00:15:24]I am not sure.

[00:15:28]Okay. So, I'm just it's strange that there would be no risk of harm and that the agency would still want to keep this child in a foster placement. Um can you explain a little bit more why?

[00:15:40]Just based on the medical concerns, um we've had we haven't had any overnights with them yet um due to the medical concerns.

[00:15:51]Okay. I I'm just going to interrupt here because I think that um Ismore's initial remarks on this um really do complicate things. So, if the placement is not approved for ICPC, would the department even be able to reunify this child with the mom? Under my understanding, we have something that states that the home is appropriate. So, that's what we would be looking for is the appropriateness of the home. Um but the parental authority of Ellie Garen So, he would be returning this child to the care, custody, and legal authority of Ellie Garen.

[00:16:33]Right.

[00:16:35]Not the placement with the parents. So, technically you'd be restoring the parental authority to Ellie Garen. Is Ellie Garen in any um capacity uh able to parent this child safely? That's my also concern is that I don't know if Ellie will ever be capable to solely parent the child without the assistance of her guardian. Right. And if the placement of her parents has been denied through the department, do you even have the legal authority to place this child in that house? I would not.

[00:17:06]I'm not sure. Okay.

[00:17:09]That's I think the question that Macy and I are both interested in answering. And I believe the main reason for the denial is due to Ellie living in their home.

[00:17:20]Right. So, if you were to put in a request to your superiors to put this child into that home, would it be accepted or refused? Right. I'm not sure. Okay. All right. Sorry. Thank you for allowing the interruption, but I just wanted to make sure that those issues were included before you decided you were finished with your questions.

[00:17:38]That's what I'm trying to discern, your honor.

[00:17:41]Um if this child can be reunified with mom, and the home was appropriate, and the only reason the home was denied is because mom currently has a case open.

[00:17:51]Things that Ugly wanted officials admitted Ellie might never safely parent alone without guardianship assistance.

[00:17:57]That statement completely changed the direction.

[00:18:01]It seems that both issues would be fixed if the child is reunified with mom.

[00:18:05]And if there's no risk of harm, I'm not sure why we're still keeping this child in care.

[00:18:10]I understand the medical concerns, but that's not a reason to keep a a child in foster care.

[00:18:16]Well, I I can tell you that um Ellie Garin is a still a risk of harm to the child.

[00:18:25]herself. And if her authority is what we'd be relying on for her to take care and responsibility would be who we were relying on to take care of her. That's my answer.

[00:18:33]Sure, but the case worker said that she doesn't have any can that mom is not a risk of harm.

[00:18:40]Is that assuming that the grandparents would be doing all the caretaking? Yes, that would be my assumption. Yes.

[00:18:47]Okay. So, if that assumption were gone, and we were just simply relying on Ellie Garin to take care of this child.

[00:18:54]I would say that there is a risk of harm due to the parental cognitive level of Ms. Garin at that point.

[00:19:05]So, I think that's that's the question.

[00:19:12]It is.

[00:19:12]>> if she gets into a disagreement with her If the mother disagrees with the grandmother on on how to take care of this child, the mother would have the legal authority to make the decision.

[00:19:28]True, but not the legal authority to move, right? Or to leave?

[00:19:36]Great question.

[00:19:38]Or to give the child to whoever she wants.

[00:19:42]Fair enough. Fair enough.

[00:19:48]Your honor, can I butt in for a second? We're talking about a guardianship. Is there a guardianship for Ellie where her parents or her mother is guardian or guardians for her?

[00:19:59]Yes.

[00:20:00]That's accurate. And I do have that paperwork today. Um I received it today. I think it came through in the guardianship case. Did you get a copy?

[00:20:11]I don't I I don't know if Mr. Mr. Amadeo did it or did not. I don't have it. I was just curious because it seems to me from a legal standpoint if she's under guardianship I don't think she's got legal authority to make any decisions regarding the child without the guardian's approval.

[00:20:31]Well, the to make things more complicated, the guardianship is out of Pennsylvania.

[00:20:36]So, uh the answer to that question is not really one that we can even answer without looking at whether or not looking at how the guardianship in Pennsylvania operates.

[00:20:47]Your honor, I can send him an email.

[00:20:49]If he could provide that to us so he has that. All right. You know what? Let's take a a quick recess. I'm going to talk with the attorneys um about some of these legal issues to see if we can um make some headway on this before we uh take up more time on the record with that. So, um thank you for your testimony this morning. You you sit down for a moment. Um we'll step into a sidebar. The final minutes turned into pure legal chaos.

[00:21:13]Attorneys debated Pennsylvania guardianship authority, parental rights, and whether Ellie could legally make decisions for Cloe at all.

[00:21:21]All right, guys.

[00:21:22]Once even the judge admitted nobody fully understood the guardianship complications, the court abruptly called recess.