Mom Tries to Hide Baby in Another State — Judge Responds Immediately

Hinzugefügt: 2026-05-31

[00:00:00]Labcore is available to do the testing both for Mr. Thomas here as well as for your client wherever she may be living.

[00:00:07]>> So here is in Hendersonville, your honor, and where my client is living.

[00:00:11]>> That was our our proposition. I will say that while I have nothing to give the court at this exact moment, my understanding is that the newborn child um of this marriage is located in Denver, Colorado, which I found out about.

[00:00:24]>> You're ready on your motions. Good morning. Good morning. I am uh judge.

[00:00:30]There's a few moving pieces today and I'll I'll do my best to kind of summarize the reasons for which we are here. There was a previous order entered by the chancery court um on February 5th, 2026 setting some temporary support. At that time, Mr. Thomas was represented by Jacob Matthysse and Mr. black represented Mrs. Thomas. A motion to to set support, temporary support, both spousal and child support, was filed by Mrs. Thomas. Um, and that notice was sent to council at the time for Mr. Thomas. At some point in between the filing of that motion and the hearing for that motion, there was a breakdown in communication between Mr. Thomas and his previous council. Uh, Mr. Matthysse had filed a motion withdrawal that was set for that same day as the temporary support hearing. Um, Mr. Thomas, I believe, if the court were to take some testimony today, would would state that he didn't have notice that the temporary support hearing were set for that day and and consequently he did not appear at that hearing. judge. Um, his attorney at the time was allowed to withdraw and then the court proceeded with setting some temporary support and I believe the court set temporary support um in the amount of $1,500 per month.

[00:01:59]>> And that was a different judge than than me.

[00:02:01]>> It was Judge Wallace, your honor, I believe. And I wasn't here for that hearing either. Um, and ultimately, so, so the first motion I filed is a motion to reduce or set aside the temporary support order. And that's just I don't believe the court that day. I can't speak to what the court did or did not hear. I wasn't there. But based based on my understanding, the court set that support without inquiring into my client's ability to pay. And and that's all I'm I'm asking the court. This was a believe a 17-month marriage before the party separated. Um there was one child alleged born during the marriage presumed to be the father's. The father disputes and we're going to get into the DNA issues here in a moment. Um there's one child born at the time that hearing took place and another child that the mother was pregnant with when that hearing took place. So there's two alleged children of this marriage. The court had ordered some DNA testing to occur. that happened.

[00:02:56]>> I don't Let me interrupt you and just simply say what my concern is is that Judge Wallace conducted an evidentary hearing on the February 5th, 2026 date and following that made findings of fact that that that served uh the findings of fact served as the basis for his uh making the order in the case.

[00:03:20]Now, for me to change that order would basically retry the entire uh temporary motion, and it seems to me that the the more appropriate matter would be to reset this in front of Judge Wallace, who is here next month, and would be able to consider your motion to set aside or to modify his his prior order.

[00:03:43]>> And and if your honor is inclined to do that, I'd be okay with that. I just, you know, he didn't have, no matter what Judge Wallace did or did not hear, we know Mr. Thomas was not present and there was no inquiry in regards to his his ability to pay at that time.

[00:03:58]>> Well, I'm disincclined to go behind what another judge has has found and ruled upon because there may be some other factor that, you know, that wasn't made apparent to me. You had Judge Wallace's calendar.

[00:04:21]salmon deposition.

[00:04:23]>> Looks like I'm available June 16th.

[00:04:25]>> Well, I think that's I'm I'm sorry for the inconvenience, but it it clearly seems to me that >> that Judge Wallace needs to consider a motion to set us out or to uh to uh amend or change the order that he did after an evidentary hearing. So, we'll reset you for June 16th.

[00:04:45]>> Would your honor be inclined to entertain the other motions in this?

[00:04:47]>> If you're going to go in front of him on any of them, I think you need to hear them. He needs to hear them all. So, >> and there is an emergency motion we filed for for immediate relief that that's set for today. Um, mother has there was a child, she was pregnant at the time of the last hearing. This child's since been born without any notice to father. This child has been removed from the mother, placed in an adoptive family in Colorado.

[00:05:14]>> I did read that in the file.

[00:05:16]>> Father was served Friday with the petition for adoption. Father's got 35 days, according to that Colorado summons to file documents in Colorado contesting the adoption.

[00:05:28]>> Well, let me ask this question. There was there was an order for DNA testing.

[00:05:32]Is that because there was some question whether he was the biological father >> with respect to both children? And if he is the biological father of this child that's now being put up for adoption, obviously he has a vested interest in objecting to that. Um, we'll go forward on that particular issue because I think there is an emergency basis. Um, why has there not been the DNA testing?

[00:05:56]>> And that's why we filed the motion to review DNA testing. Again, Mr. Thomas was represented by previous council.

[00:06:02]They had agreed entered an agreed order to participate in the DNA testing. The order required the testing to be scheduled by the father. Um there was some exchange between council about setting up the DNA testing. Uh Mr. Thomas notified me he was going to any lab now. There was no specific place set forth in the the order to do the DNA testing. Mr. Thomas noticed me he was going to any lab now. I subsequently noticed opposing counsel. There was no objection made to that. The DNA testing was done and paid for by Mr. Thomas there. And then shortly thereafter, um, uh, mother stated that she would, I guess, not be able to do the DNA testing at any lab now and referred us to an email that was previously sent over saying, uh, I believe it was it was another LA, DNA lab North America would be more convenient for her. So, it just seems like every time we get close to getting DNA testing done, mother is trying to to interfere with that. Now, we have a child in Colorado. I don't know how we do the DNA testing with the baby in Colorado. Mother has has voluntarily taken this child or let this child be taken. I believe she wrote relocated to West Virginia due to abuse allegations that were prior to my time.

[00:07:12]There was an agreed order I saw on the file entered between her previous Mr. Thomas's previous council, Mr. Black, allowing her to relocate. Um, the child I believe was born there in West Virginia and she subsequently has taken this child and placed the child in Colorado without any notice to the father. the first time he's heard of this child being in Colorado with with these pre-adoptive parents was Friday when he received service of this petition. Um, so we had filed the motion to review DNA testing today. Um, because we're we're having an extreme difficulty in getting this done. This order was entered, I believe, two or three months ago, maybe even longer ago than that, and we still don't have DNA testing done. I don't know how we accomplish it now with a child that's in Colorado. um >> parties are before this court and therefore uh one option is that I simply order that the child, the mother and the father all appear at a lab here in Tennessee, submit to the DNA samples being taken and then we go from there.

[00:08:09]>> And that's what we're asking the court for today is enter a more clear order directing the parties regarding the DNA testing. Judge, with respect to the emergency motion for immediate return of the the minor children, both of them.

[00:08:21]Again, there's an issue with paternity that should have been resolved. It's not. I hope we can get that resolved very quickly. Um, but it but mother has taken this child and I I would submit this the children are subject to this court's jurisdiction. I know the child wasn't born here and opposing council might make some UCCCJA arguments about it, but I believe this court has jurisdiction over the custody of these children. there's a pending divorce.

[00:08:45]This happened during the pendency of this divorce proceeding. Um and mother relocated voluntarily and is now attempting to to just go behind the father's back and have this child adopted. If if this is father's child, he absolutely asserts a right to custody. He wants to be the father.

[00:09:00]Mother's surrendered and and voluntarily terminated her parental rights. That's fine. Then the court needs to enter a 3650 plan awarding custody of the father because he wants to be a father if he is indeed the biological father. Um so so we're asking the court today for some immediate temporary relief and that brings us to the other minor child and mother's care and custody and control.

[00:09:19]We don't know there there's an order of protection that was entered and subsequently appealed by father that the courts reserved for final hearing.

[00:09:27]>> And where is that? Is that in this court or is that in a different court?

[00:09:31]>> It was in originally in general sessions. They had a hearing is my understanding and then that was entered and appealed. So there's still an order not allowing the Mr. Thomas to have contact um and and and he cannot have contact with Scarlet Thomas the I believe she's almost three two or three years old now.

[00:09:50]Um but but we're asking the court to return both of the children to father.

[00:09:55]We don't know what mother has put a child up for adoption. We don't know where Scarlet's located. We don't know how she's doing. We don't know if mother's a fit and proper parent to have sole custody of of Scarlet. she has given the other child up for adoption.

[00:10:11]And so we're asking the court to to for more clear order regarding the DNA testing to order the parties to to have DNA testing completed within a specific amount of time. Um, and we're asking the court to enter an order to to have baby uh Thomas brought back from Colorado to Tennessee and and to have Scarlett Thomas return to the father. Um I think it's a threat of irreparable harm that this child's outside of not only this state but in Colorado um mother by the attachment with what father was served on Friday it is clear mother has consented to the termination of her parental rights.

[00:10:53]So so we're asking the court for that emergency relief today.

[00:11:05]Your honor, I do have a response on on both of those. Would you like me to tackle the DNA testing or the emergency?

[00:11:10]>> Let's start with the DNA testing, >> your honor. So, the DNA testing, so my recollection recollection of events and what has happened is that there was an agreed order between uh Miss Thomas and Mr. Matthysse. So, uh Mr. Thomas' prior attorney that was last year u subsequently Mr. Matthysse withdrew.

[00:11:30]there was no contact between us. Um I had to hire a personal process server to actually serve Mr. Thomas some documents to try to find him. Um at that time, uh Miss Thomas was absolutely willing to do DNA testing. Uh and there was just nothing until very recently there was a renewed push for the DNA testing which Miss Thomas is willing to do. Uh I will point out to the court that Miss Thomas is in another state due to domestic violence uh which Mr. Thomas was convicted of in General Sessions court by plea of guilty. She is in another state due to violations of an order of protection for multiple house breakins for following her to a medical facility and taking her vehicle. Uh these are the reasons that Miss Thomas is out of state. And so in an effort to preserve Miss Thomas's undisclosed location, a essentially secret address, um we were trying to coordinate DNA testing that could occur both locally here and where she was located. And that is why I proposed LabCore. My understanding is when I had proposed that that that is the testing location we were going to use. And then I received communication that that is not the testing center that was used. And then at this point we reached an impass. Are you saying that LabCore is available to do the testing both for Mr. Thomas here as well as for your client wherever she may be living?

[00:12:56]>> So here is in Hendersonville, your honor, and where my client is living.

[00:13:00]>> That was our our proposition. I will say that while I have nothing to give the court at this exact moment, my understanding is that the newborn child um of this marriage is located in Denver, Colorado, which I found out about to make it clear to the court found out about Thursday evening. Um, >> who is the father of that child?

[00:13:21]>> So, Miss Thomas is going to say it's Mr. Thomas. I believe Mr. Thomas wants the DNA tested.

[00:13:27]>> So, we we're going to the the order went down only as to Scarlet Thomas.

[00:13:31]>> That's right.

[00:13:32]>> And and there was a DNA request as to that child. And now we have another child born and Mrs. Thomas says that that is Mr. Thomas's child. Yes, sir.

[00:13:43]>> And she has placed that child for adoption. That is my understanding. Um, I will say on Miss Thomas's behalf that there appears to be some evidence that this was an understood plan between them when they found out that the child was going to be born. That actually, according to Miss Thomas and perhaps some messages she would admit at hearing, Mr. Thomas has spoken to the adoptive parents before that there was some dispute over whether they were going to raise this child or not. And at this point, um, Thomas could speak for herself.

[00:14:16]>> Well, if there is an afterborn child that was born while this case has been pending, then this court has jurisdiction over that child, regardless of what has been filed in the state of Colorado.

[00:14:28]>> Well, your honor, I will say uh simply for the fact that I do not want to wave any jurisdictional issue and I've not had time since this was emergency order filed. I would like to file a detailed response. Um I will raise a jurisdiction issue just to preserve it under the UCCCJ.

[00:14:45]Uh it's not so clear which is the home state because the the newborn child I if we parse them apart right the older child absolutely concur with your honor the youngest child there may be some dispute over what is the home state. I have been informed that the state of Colorado has decided that they have jurisdiction and they are proceeding with this adoption proceeding. Again, I'm in cander to the court. It's a complicated issue to me and I would need to file a brief and research that to give a response. But I do want to raise the objection that for the youngest child may not be the home state. Uh but besides those things, judge, uh I would also say >> you cannot divest this court of jurisdiction. by sending a child that is one of the children of these parties with a pending divorce action where custody of one child is already at issue and then send one of the one of the children that is alleged to be the biological child child of Mr. promise, you cannot then send that to another state, that child, and defeat the jurisdiction of this court to make a custody determination. So, I just want to make that clear that this court's opinion is is that this court has jurisdiction uh over both children if they are in fact the children that were born of these parties. And that is what I'm told by both of you today. So, I'm of the opinion that Mr. Thomas needs to contest the adoption and if he does contest it, contest that adoption, I'm going to put an order down that's going to require um all both of the children to undergo DNA testing. How that is accomplished is going to be up to you and your client. That means that she's going to have to ensure that that child is coming back and is tested. Now there are we had a case not too long ago in this court where there was a woman who claimed to be a biological heir of a an estate and she lived in Washington state. Uh there was a method by which she uh used a child a laboratory in the state where she lived to obtain her DNA sample. Um then that was compared to DNA samples that were tested here in Tennessee. It would seem to me that's what's going to have to happen here. You're going to have to obtain a DNA sample from this child in Colorado and a DNA sample from your clients and her child if she is wherever she is living. And then a sample will be taken from Mr. Thomas here at LabCore.

[00:17:24]And all of those are going to have to be analyzed by LabCore to determine the paternity issue.

[00:17:31]The order that this court puts down is that this court maintains jurisdiction over the parties and and both minor children who have been represented to this court by council to be the biological children of these parties and that the adoptive court in Colorado there may obviously this is going to be a an issue for the appellet courts if it goes through as a contested matter. But I think we got to first resolve if if this child in Colorado is Mr. Thomas's biological child. If it's not, then there's no issue. If there is, then he has to take the steps to contest it there in Colorado. He cannot ignore the Colorado proceeding and rely upon this court's ruling because Colorado may say, you know, we don't care what Tennessee does. We're polling that we have jurisdiction. I'm h I'm ruling. I don't care what Colorado says. I'm saying I have jurisdiction. So, understood. Y on the uh emergency uh petition essentially to return guess both children to Mr. Thomas. Uh on Miss Thomas' behalf, I would also say that you know now there's excuse me for interrupting. I apologize. Is there an order protection still in full force in effect?

[00:18:54]>> Yes, your honor, there is. There's also a pending contempt for those house breakins. Uh that is also in effect.

[00:19:03]>> And under that original order of protection, what is provision? What provision is made for? I don't have the order of protection in this file that I can >> I can provide it. Uh I believe Mr. Bellamy had said that Scarlet is listed under it, which is our oldest child. I did not did not see that, but I can provide it.

[00:19:23]Well, and I'm I'm my question of course is what if any provision is made in uh in that order protection for shel the one child that's there that we know Scarlet.

[00:19:44]So, I'm looking at the petition and um just looking at the petition, I do not see Scarlet listed on the petition, but it was the This is the temporary order that I've been handed.

[00:20:40]And then you're saying that there's already been a hearing on that temporary order of protection and it was extended.

[00:20:50]>> Yes, your honor.

[00:20:52]>> And was that in circuit court or general sessions and then it was appealed?

[00:20:57]>> It was it was appealed and the appeal was not was not heard and by agreed order it was set off.

[00:21:06]>> It was reserved for final hearing by previous council.

[00:21:10]So, it's my understanding the order of protection that the that was entered by the general sessions court is still in effect and and Mr. Thomas has no contact with either the petitioner nor the minor children covered under the order of protection.

[00:21:27]>> Well, I'm looking at the order that was entered in this court after the hearing on February the 5th. In paragraph two of the findings of fact is the wife testified that she had been married to Mr. Michael Thomas, husband since 2024.

[00:21:40]Wife testified the parties have a 10-month-old daughter born of the marriage, Scarlett Thomas, and that she was also pregnant with the marriage's second child, which is due in early March. So, in according to Judge Wallace's finding, and that's the order that you're asking to be set aside, he made a finding based on her testimony that that was in fact the child of the marriage that's now in Colorado sought to be adopted.

[00:22:06]And it goes on to talk about these findings of fact. Nowhere in that order does it specifically order anything other than temporary spousal support. It doesn't put an order down regarding the temporary parenting plan or custody of the minor child.

[00:22:28]>> That's my understanding as well, your honor. Uh if I can say though, we would object to Mr. Thomas having the children. Uh, and there's a lot of reasons to that that maybe perhaps Miss Thomas could add with testimony, but she's been the primary caretaker. Um, >> well, Mr. Thomas filed for DNA testing.

[00:22:45]I'm not going to grant him custody of children that he has a question that whether or not when I started practicing law that was a factor that that if a parent a father requested DNA testing that was a factor the court could consider in among all the other factors in determining whether or not he ought to have you know what type of visitation or custody or whatever. So if he's questioning whether this is his child or not, then I'm not likely to say those children have to come back and live with him, especially in view of the fact that there are orders of protection in place.

[00:23:18]Um >> pending any questions, your honor? I have nothing else to add.

[00:23:25]>> This is a mess. And I'm going to do one thing. I'm going to check with Judge Wallace. It may be better if I heard this case and through its u I don't really want to but it may be better if I can do it. Are you we checked on on your availability on the 16th. Is that correct?

[00:23:45]>> Yes, your honor. I'm available.

[00:23:46]>> But what about the 15th?

[00:23:48]>> I can check.

[00:23:50]>> It looks like that we said on the 16th.

[00:23:52]Anything for me?

[00:23:59]>> Yeah, I'm I can give you the 16th.

[00:24:02]16 work for me. Your honor, >> I'd like to just check with Judge Wallace. If he doesn't have an objection to me hearing the motion that you filed, then I would suggest we hear everything on the 16th.

[00:24:14]And if Miss Thomas, I think we need to get this DNA testing done as soon as possible.

[00:24:23]>> Judge, >> so we're talking about June 16th to hear everything, all these motions. And between now and then, I want the DNA testing performed on both Scarlet and the child that's in Colorado. That DNA testing will be performed by a sample taken by Mr. Thomas by LabCore here in Hendersonville. Sample for Mrs. Thomas and the minor child Scarlet in state where she resides by LabCore if there is one there. and by LabCore in Colorado where this minor child is. It would be Mrs. Thomas's obligation to ensure that the child's sample is taken and that proof is obtained from Colorado of the validity of the identity of that child. In other words, I tell you the story that we had a well-known where narratorwell down in Humphre County who is a member of a famous music family down there and he was he was hired or rather he was sued for child support back in that day. They uh you know sent you up with the father and the mother and the child all went to get the blood the blood test done. So came back negative and the mother just was high rate. could not believe it. And anyway, they took they they apparently took a picture of the father and the child and the mother.

[00:25:47]It wasn't the defendant. He had sent one of his buddies to go have sit in hisstead and of course it came back. It was and later it was his child. So he they uh had to redo it.

[00:25:59]Um, what I want is to make sure that that child is identified in the state of Colorado sufficiently by whatever means, photography or whatever, that that we can ensure that Mr. Thomas knows this child that is being tested in Colorado is in fact the same child that we're having question.

[00:26:21]And so I think we do that DNA testing and I'd like to have that done within the next 10 days on all parties and then we reset it for June 16th and hopefully we'll have the results of that at that time. And I will check with Judge Wallace to see if he has any objection to me considering your motion to modify his order and then we'll go from there.

[00:26:45]All the other motions I would think need to be heard on that same day. I realize it's an emergency type situation and that's why I'm giving you the June date.

[00:26:55]I'm supposed to be in Humphre County that month. So, >> anything else?

[00:26:59]>> If I if I may, judge. And this kind of gets into temporary support. I don't want to do that.

[00:27:18]Well, he pays for his test. He pays for his test. She pays for her test. And he's the one who's requesting the testing. So, it's going to understand that I'll consider that at the final at the next hearing, but he's going to have to bear the cost of the test itself. She will pay for the test for herself and the two children. He will pay for his test and the performance of the actual DNA testing.

[00:27:42]>> So, we'll go with an itemized list of what the charges are for the test and she's responsible for herself, >> right?

[00:27:49]Understood, your honor.

[00:27:51]>> Otherwise you have tote that child back from Colorado, bring it here and have a have all three of them have all three of your client and the two children tested at LabCore in the state she lives in.

[00:28:05]>> Understood, your honor. And I'm going to ask just one clarification and request to this court. If those are determined to be Mr. Thomas's children, can Miss Thomas be reimbursed for her cost of the test? If they are Mrs. Thomas's children, yes, >> I will she can make application for reimbursement at that point in time.

[00:28:22]>> Understood.

[00:28:23]>> Normally, if someone contests that being their child and it turns out they are, then they requested the DNA, they have to pay for it in the end result. But as was pointed out, if he's incurring a great deal of expense to fight an adoption of a child he never consented to being adopted, then that may be a factor as well. So, >> understood. All right. I am uh I'm of the opinion that we uh have it all heard on the 16th and we will sort it all out to the best of my ability at that time. So we'll stand adjourned. Thank you.

[00:29:01]>> Thank you. Judge >> Michael McFaran representing mother.

[00:29:05]Please introduce yourself.

[00:29:07]>> I'm Laura Walton's mother.

[00:29:10]>> Thank you.

[00:29:11]>> Thank you. Very good. All right. Any initial comments from our attorneys before we get started?

[00:29:18]>> Not here.

[00:29:20]>> Yeah.

[00:29:20]>> For purposes of the puditive father hearing, um I can address that before we go into Miss Waldron's um portion if if you would like.

[00:29:30]>> Sure. Go ahead.

[00:29:31]>> Okay. Thank you. Um, Miss Palm has submitted a proof of service indicating that she was able to notify the named puditive father in this matter of today's hearing. Um, it does not seem that he is inclined to participate. Um, and I believe he does not believe he is the father. I can have Miss Pelum sworn in if um the court would like, but given that he is not present for today's hearing, I um at the end would ask the court to determine that the child does not have an identifiable father um and that he waves notice to future hearings.

[00:30:07]>> All right, Mosqu, your honor. Well, we'll address that as we go along then and essentially consolidate today's hearings and we'll have your case worker address both issues during her testimony if that's okay, Miss Thomas.

[00:30:30]>> Absolutely, your honor. Thank you.

[00:30:33]>> All right, Mr. Howitt.

[00:30:34]>> Yes, your honor. And we are on YouTube, correct? I was able to meet with the child on May 7th in her new foster home and um this is her second foster home and we I believe we knew that this the first one would be only temporary and um it was a weekend removal. So uh but she had been transitioning there for a few days and um was really just getting comfortable. Uh this place has a couple of other children in the home, a couple older um in that young teenager range and then a baby. So um there's a few other kids there. Um from talking to the placement and the foster care worker um it does sounds like auto the child is uh does not like men or boys really of all ages. So that's kind of um something that's interesting and should be explored via trauma assessment um and bonding with mother is uh available excuse me. Um there were some concerns of needing a speech therapy therapy but it's possible that daycare will be able to handle this just for my conversations with the case worker. So, I'm I'm hopeful that that can all be taken care of there. Um, at this point, there's not any parenting time as mom has been incarcerated since removal. Um, I would support, you know, phone calls with mom and the child. Um, for my research, I believe that, uh, this would be the least disruptive to the child. Um, and just keeping them scheduled and at a weekly frequency would be appropriate.

[00:31:57]Um, she's really young, so we don't really know what we'll get from the phone call. I think we can just keep tinkering it to better fit her. and then hopefully get some insight from a trauma assessment. Um, and I think we should, you know, move forward with that that portion at least now with uh the child being so young and having these early indications of trauma with the, you know, the apprehensive behavior around just the male uh gender. So, um, but at this point, I think it's in her best interest to remain in this placement.

[00:32:25]Uh, she's getting settled in there and um really enjoys playing with the uh the female foster sister that she has. um and just give her a chance to uh work through the barriers in the case service plan and uh the legal system. Thank you.

[00:32:40]>> Thank you. All right, Miss Thomas, witness testimony today.

[00:32:44]>> Thank you. And if Miss Sto can please be sworn in stand for the truth, I hope that's what truth help.

[00:32:58]>> Yes.

[00:32:59]>> Okay. If you could start by stating and spelling your names for us.

[00:33:02]>> Uh, Paige Dodie. P A I G E D O T R S.

[00:33:07]Thank you.

[00:33:09]>> Talk right to that microphone. We'll get started. Miss Thomas, whenever you're ready.

[00:33:12]>> Thank you, honor. Miss, uh, you are the foster care um, case manager for this matter, correct?

[00:33:19]>> Yes, I am.

[00:33:20]>> And then you've also provided us with a court report with a few attachments earlier this month. Um, are there any documents that you've circulated since you filed this uh packet?

[00:33:34]>> No, there are not.

[00:33:35]>> Okay. And are there any updates or modifications to the report that you would like to make?

[00:33:41]>> No.

[00:33:42]>> Okay. Um, the current permanency goal for the child and mother at this time is reunification. Correct?

[00:33:50]>> Yes.

[00:33:50]>> Okay. And it looks like there is a uh case service plan included in your report. How were you able to review that with Miss Waldron before submitting it?

[00:34:02]>> Yes, I was. Um Miss Waldron seemed very willing to work through all areas of her case service plan. Um she let me know she didn't have any questions right now, but she seemed very willing to comply.

[00:34:13]>> Okay. Thank you. And um I noticed that you included um a drug screen, but then also um some court documents from my court. Do you have any updates on her current status for her pending legal matters?

[00:34:34]>> Yes. Um her last hearing, her sentencing hearing was adjourned. Um the latest update that I have is that she's due to be seen again on June 12th.

[00:34:44]uh for her sentencing and those are for the three charges that are listed in the court report >> and that so um would that be for Lenway or Washington?

[00:34:54]>> I believe it's in Lenway. Um this was following a my court search this morning that I have this information.

[00:35:00]>> Okay. In I see Miss Wren is indicating no. We'll we'll hopefully get more clarification from um when she's able to testify. But okay, thank you for providing the my court documents. Um, and then as it relates to any voluntary services that have taken place since our last hearing, are you aware of anything that mom's been able to do during her incarceration?

[00:35:24]>> I am not currently aware of anything.

[00:35:26]Um, I was only able to meet with Miss Waldron last week, so there may have been some updates in this time, but I am not currently aware.

[00:35:33]>> Okay. And um, are you familiar with the incarcerated parent protocol at all?

[00:35:39]>> Yes.

[00:35:40]>> Okay. And how can you just briefly know that it's um also an element of the court report, but can you just briefly highlight how you've complied with that protocol?

[00:35:48]>> Yes, I was able to meet with Miss Waldron um twice in this last reporting period. um just making sure she's up to date on Autumn's um the child's uh medical information, making sure that she's up to date on where the child is placed um and that um she is up to date on her case service plan as well.

[00:36:15]And then as relates to the Peter father, I'm not sure if you have a ton of information, but Miss Waldron did provide us with a name at the preliminary hearing. Were you able to contact that individual at all?

[00:36:26]>> I did attempt um I was given his number from Chelsea. Um I did attempt to reach him with the most recent order and I did not receive anything back from the father.

[00:36:37]>> Okay. And is it your understanding as well that Miss Palum may have had some form of contact or have more information?

[00:36:44]>> Yes, I believe she um was attempting to engage him. I believe maybe she had him on the phone for at least one time. Um that is as much information information as I have now.

[00:36:55]>> And were you able to ask Miss Waldron if she had any other names of potential fathers for the child?

[00:37:00]>> There's no other s in a bit. Uh, Miss Waldrin, if you could please wait. Uh, we're Mr. McFarland's going to talk with you about that.

[00:37:12]>> I do not believe there are any other names mentioned. Um, but I believe Miss Waldron could testify to that today as well.

[00:37:20]>> Okay, no problem. Right. Is and then as relates to the IQA documentation, have you received any letters back?

[00:37:28]>> I have not. I'm not aware if Chelsea has received anything as she was the one who has submitted them. Um, but I have not received any further documentation.

[00:37:37]>> Okay.

[00:37:39]Right. Thank you. I have no further questions of Miss OD, your honor. I would ask the court to accept the court report at this time.

[00:37:45]>> No objections. No objections.

[00:37:47]>> Thank you. There was questions, Mr. McFarland.

[00:37:50]>> Since you didn't submit the IQUA, the Native American Heritage letters, you wouldn't know whether they were addressed to the registered agent of the tribe, would you? I did receive the documents that Chelsea sent and I was able to look over them and I believe they were sent to the corresponding tribes.

[00:38:06]>> My question was to the corresponding agents as required.

[00:38:10]>> Yes, I believe they were.

[00:38:11]>> Thank you. Uh under the incarcerated person protocols, did you check and see if uh my client would be able to zoom with her child to her incarceration?

[00:38:21]>> I am working on setting up Zoom and phone calls for her with the child.

[00:38:26]Yes. And where do we stand on setting those up?

[00:38:29]>> Um, currently, as the LJL testified, um, with the trauma assessment, I would maybe want to get that done first just to make sure that we can, um, support that contact, but I would recommend a weekly phone call or Zoom currently while she remains incarcerated.

[00:38:46]>> When is the trauma assessment scheduled?

[00:38:48]>> It is not scheduled yet. the reason why it hasn't been >> um I it's a trauma and bonding assessment. So, originally I was informed that mom would be out of um jail sooner than we thought. So, I was going to wait for her to be released before I scheduled that. Um but I will work on getting it scheduled as soon as possible.

[00:39:11]>> Sounds so you can at least do the trauma portion of it while she's incarcerated.

[00:39:15]Am I correct for that?

[00:39:16]>> Yes.

[00:39:18]If she makes bond or if the sentence uh releases her from incarceration, what would her parenting time be?

[00:39:25]>> Um, it would follow policies. So, most likely two times a week uh for 4 to six hours.

[00:39:35]>> Where what is available to her while she's incarcerated under her case service plan that she can work at?

[00:39:43]Currently, I'd have to look more into what classes are offered, if any courses are offered for parenting education at Leway County Jail. Um, but I have been waiting. It sounds as though she is going to be released from what I have heard from her. So, most services would be only available to her when she is released from incarceration. In >> the event she isn't, because sometimes things take a turn, we don't know.

[00:40:05]You'll be exploring that in the jail.

[00:40:07]>> Yes, I will. Also, when she's released, where should her focus of her efforts be under her case service plan? We did have a recent um positive screen come through uh for methamphetamine and infetamine. I believe her focus should be on the substance use. Um she has also informed me that she does not have housing if she is released. So I have been working with her to talk about utilizing Katherine Cobb and Housing Help of Lenway to make sure that we have a safe place for her to be if she is released.

[00:40:40]>> Thank you.

[00:40:43]>> No further questions.

[00:40:44]>> Mr. How?

[00:40:45]>> Yes. You met with the child at daycare, correct?

[00:40:49]>> Yes.

[00:40:49]>> And what did you have any observations about her potential needs or any issues she was having there?

[00:40:56]>> She seemed to be doing um pretty well the day that I visited. um she her daycare teacher did let me know that she is a bit skittish around boys as well.

[00:41:05]So I think just uh putting extra focus on that when we get to the trauma assessment to make sure there's no um other barriers that we're unaware of currently that need to be addressed >> and the daycare may be able to offer her some speech therapy.

[00:41:19]>> Yes, they let me know they do a lot of developmental work with the children. So um I did mention to her that on the child's speech is a part of um some barriers that we were seeing. So just working on that more with the daycare teacher. I think we can implement some healthy strategies >> and placement is reporting the same behavior around men or boys as well.

[00:41:42]>> Yes, she has let me know that she is a little bit shy around men and boys. Um, she's just a little bit quicker to be more comfortable around girls at this point.

[00:41:52]>> Nothing further. Thank you.

[00:41:55]>> Any redirect?

[00:41:56]>> No, your honor.

[00:41:59]>> Thank you for your testimony. May return to seat.

[00:42:02]>> Any other witnesses?

[00:42:04]>> You know, I'd ask this helm to be sworn in just for um the Peter to father component and You slely swear affirm tell the truth the whole truth nothing but the truth to help you got >> I do.

[00:42:26]>> Thank you. Miss Pelum, you've heard the testimony today. Can you just provide us updates on the punitive father component and then um after that in the narrative of whether you know if the department has received anything back from the BIA or the Navajo Nation for IQUA?

[00:42:42]>> Absolutely. I requested a courtesy from Washington County on April 28th for them to attempt to find the named puditive father Lamar Hampton. They did locate an individual who said that they were not Lamar Hampton, but we kind of have a suspicion that it was. We did get a phone number for Lamar and I texted him um all of the orders to date and he responded on May 16th and stated that he would like a blood test to be done because he does not believe that he is the father of this child and he really doesn't want anything to do with it. I texted him again on May 17th with the adjournment order and told him when the new court hearing was. I advised him that if he did show up, the process would be for him to get a DNA test and he doesn't really have to do much until that comes back. He responded okay and never said anything else. I did text him again today to remind him about the court hearing. It shows as delivered and it has not been read yet and previous messages have been read. Um so I don't know moving forward what he um is interested in. and I've told him everything that we would expect of him and there's really been no response one way or the other. As for IQUA, everything has been sent to Navajo Nation. It is another worker in our office who does that. To my knowledge, nothing has been received back yet, but I do know it was sent an address specifically to Navajo Nation with a James Curley listed on the 5598 as the specific equal person within their office.

[00:44:18]>> Thank you very much. Um, let's hear no further questions on this column.

[00:44:24]>> Any questions, Mr. McFarland?

[00:44:25]>> Oh, thank you, >> Mr. No, your honor.

[00:44:28]>> Thank you for your testimony. Anyone else you'd like to hear from today, Miss Thomas?

[00:44:32]>> No. I'll um leave it to Mr. McFarland to call us client. Thank you.

[00:44:38]>> Like to call my client. Have sworn in this for Miss Laurel Wald.

[00:44:44]Jeez. Deputy Fleer. Haven't done that.

[00:44:47]>> Do you saw me swear affirm to tell the truth, the whole truth, and nothing but the truth?

[00:44:51]>> Yes, I do.

[00:44:53]>> You put down your hand. We are on YouTube, so we're not going to use your child's name. Okay.

[00:44:59]>> Okay.

[00:45:00]>> Uh, I don't want you to tell us about the circumstances while you're incarcerated because you have a fifth amendment right, but can you tell us where you're incarcerated and what your status is?

[00:45:12]>> I'm in Linway County Jail and I should be released on the the 12th.

[00:45:17]>> Is there anything pending in in Washington County?

[00:45:22]>> Yes.

[00:45:24]>> Okay. First of all, what is the method you're going to be released? Are you going to be sentenced?

[00:45:30]Are you going to make bond? What are you What's happening?

[00:45:32]>> You're going to be sentenced on the 12th with light probation. Two of the charges were dropped.

[00:45:39]>> Three of the three Three charges were dropped.

[00:45:43]>> The only one that I've been charged with that I pled to was the child abuse charge.

[00:45:48]>> They said there was nothing they could do about it because CPS was involved.

[00:45:52]So, I have to I have it was in my best.

[00:45:57]>> So, what is the offense in Washington County that's outstanding?

[00:46:01]>> Uh, that's that's a possession charge of cocaine from a long time ago. It wasn't even my drugs, but um the same thing I think that that that there might be a deal worked out with that as well.

[00:46:13]>> Okay. Is there a warrant out for your arrest on that charge?

[00:46:17]>> Yes.

[00:46:18]>> So, hang on. Just listen. Is a Long County Jail going to transport you to Washna or do you know >> Washington most likely will transport me >> when I'm releasing from Lunaway County Jail out to watch county jail. Is that what I'm hearing?

[00:46:36]>> Yes.

[00:46:38]>> Okay.

[00:46:40]And you would like to if you don't make bail up there, you would like the worker to explore parenting time on Zoom or whatever is available. Is that what >> I would like that as soon as possible. I have not heard from Autumn. I' I've not even been updated. I didn't know that she's even been to two families. She had no problem with boys before this all occurred whatsoever. So, I I'm really worried. She needs to know that I'm okay. It's been a long time.

[00:47:09]>> And you hear that they want to do a trauma assessment. They want to do that as as soon as possible to make sure that it's okay for her to communicate with you remotely. Do you understand that?

[00:47:21]>> No.

[00:47:26]>> Uh what there's a trauma assessment is basically they want to make sure that there's no mental health issues or trauma issues with the child that need to be addressed before visits. That's what they're describing. Do you understand that now? I guess.

[00:47:44]>> What don't you understand? Let me ask you that.

[00:47:48]>> Uh that I'm her mom and that she's just she doesn't know what happened to me or where I went that's causing trauma.

[00:47:58]>> Uh the puditive father. Is there a possibility that other than the individual name?

[00:48:05]>> You took a picture of her and a picture of him.

[00:48:10]You got to listen to me and let me complete my question before you start.

[00:48:15]Okay. I know you're nervous.

[00:48:18]Is there any other >> I'm not nervous. I'm upset.

[00:48:21]>> Is there any other individual other than the person named who might be the father?

[00:48:27]>> No.

[00:48:28]>> What did you want to say about that?

[00:48:31]>> Uh just that that he's her he's her father. He's never really been a part of her life, but that's her father.

[00:48:38]I mean, that's that's who that's the other half of her.

[00:48:42]>> Do you know if he has any >> There's been a guy named Jeremy Early in her life, but he's not her father. He's white.

[00:48:50]>> Got you. Do you know if her father has any Indian blood in his family line?

[00:48:56]>> I have no idea.

[00:48:58]>> Fair enough. Okay. Did you understand the case service plan that you helped that you helped create? Did you read it?

[00:49:07]Yeah. Mhm. Yeah.

[00:49:09]>> Okay. You understand? That's your expectations. That's the road map of what needs to be done to close the case and reunify you with your child.

[00:49:17]>> Yeah. I believe that when I get to wash, that's the option is the rehab. So, >> okay. I was going to ask you that what your your thoughts were on that on that.

[00:49:28]Okay.

[00:49:30]>> Yeah. And I'm fine with that. you need help with your workers getting you into a rehab program.

[00:49:37]>> Yeah. Yeah.

[00:49:41]>> They're they're listening right now so they know that's the case. So >> if I could even just get a picture of Autumn, like that would like help me a lot. Like a lot.

[00:49:55]>> I was asking other questions or concerns. So, thank you for adding that. Okay.

[00:50:02]>> Yeah, I asked like a couple weeks ago, but I haven't received one.

[00:50:07]>> Who did you ask?

[00:50:09]>> Britney Stove and the foster care solution lady.

[00:50:14]>> Okay. I will I will ask the worker again here in court about that. Okay. Anything else? Any other questions you have?

[00:50:22]>> No, I just miss her a lot. Okay.

[00:50:25]>> I'll see if anybody else has questions for you. Okay. Hang on.

[00:50:31]Miss Thomas, >> no questions, your honor.

[00:50:36]>> No, your honor. Thank you.

[00:50:40]>> Okay.

[00:50:40]>> Like to call the worker for one question?

[00:50:42]>> Remains on her own. Go ahead.

[00:50:44]>> You've heard my client say she'd like at least a photo of the child. That can that be done?

[00:50:49]>> Yes. It has to be put on a postcard for her to be able to receive it in the jail. And I asked for pictures of the child over before the long weekend and I did receive them. So I'll work on getting that postcard.

[00:51:03]>> Okay. Does that have to be mailed or can that be delivered to her?

[00:51:06]>> I believe it has to be mailed but I need to email with the sergeants to verify the process to get it to >> So you're on top of that.

[00:51:13]>> Yeah.

[00:51:14]>> Thank you. And you've also heard that just now my client is desires of getting into rehab. Is that something that that you can discuss with her and maybe check in advance so when she is released from Otop she can immediately uh perhaps inquire to a specific location?

[00:51:31]>> Yes, I can.

[00:51:32]>> Thank you. Nothing further honor.

[00:51:35]>> Any other witnesses?

[00:51:37]>> No, thank you.

[00:51:37]>> Mr. How?

[00:51:38]>> No, your honor.

[00:51:40]>> Comments in closing beginning with Miss Thomas.

[00:51:43]>> Thank you, honor. Um, at this juncture, we're just asking that mom be entered into her case service plan. I think that based on the testimony from Miss Pelum um that Lamar Hampton is not interested in establishing paternity. Um so we would just ask the court to note that the father was given a proper notice. He was reminded twice and sent the orders for the adjournment um and he failed to show. I believe that at this time he um it would also mean that he waves his right to further notice in this hearing.

[00:52:16]Um, and we would ask that the father be found unidentifiable.

[00:52:20]Um, and then as it relates to Miss Waldron, I know that the case worker will continue to monitor um any movements with the criminal charges um and do her best to facilitate some sort of um parenting time. I know that internally between our amongst our team, we've discussed this and I think it's a matter of the logistics and trying to figure out what would work best and then also if there's going to be a change in facilities um having to be able to coordinate that as well. Um and then obviously we're in contact with LJL with what he believes is in the child's best interest and I think that it is important to ensure whatever pathway um that we move forward it is consistent um for the child's well-being and so we will continue to work on that.

[00:53:06]Otherwise, um, we would just ask for a standard 90-day review. Thank you.

[00:53:13]>> How much, Mr. McFarland?

[00:53:15]>> Well, I think we're heading in a very positive direction and that my client wants to in a rehab. She recognizes uh the issues that brought her where she is here.

[00:53:27]It's understandable that any mother would like to have contact with child a minimal way through a photo and after a trauma assessment. I hope the worker might be able to explain to her a little bit more what a trauma assessment is, the purpose and how that is accomplished off offline here. Uh so uh she understands case service plan and uh I think she has a very positive plan of action uh commence with a rehab.

[00:53:54]Thank you.

[00:53:56]Yes, your honor. I think um the case service plan addresses most of the issues that are brought in. Um the only thing I may add would be just domestic violence support and education and I think we talked about that through potentially Catherine. Um if that's the transition out of rehab or out of jail.

[00:54:14]Um and then the only thing I would add for the child is that she did not express her wishes due to her age and just getting to know her a little bit.

[00:54:21]Thank you.

[00:54:24]Thank Mr. M. Any objection to adding uh exploration of domestic violence dynamics and treatment for same in the event that that's appropriate for my question. My client, >> is it okay if they add domestic violence uh component to your case service plan?

[00:54:44]Are you okay with that?

[00:54:47]>> Sure.

[00:54:49]>> Is that sure? Is that what you said?

[00:54:51]Yeah, I I I guess I'm confused.

[00:54:55]>> Well, domestic violence means that you may have been a victim of domestic violence or the child may have witnessed domestic violence and they want you to at least explore the components of domestic violence in your case service plan. Are you okay with that?

[00:55:07]>> Yeah. Yeah. Does that affect me having to talk to her? I'm confused though. I like I want to see her.

[00:55:14]>> That's not what they're saying.

[00:55:16]>> Okay. Okay.

[00:55:18]Your honor, my client appears to be agreeable with that.

[00:55:21]>> All right. So, I'm phrasing it such that it's investigation into domestic violence dynamics um treatment for same if appropriate.

[00:55:35]>> No objection to that. I think it's appropriate.

[00:55:39]>> So, we're just asking you to look at that, Miss Waldron. Miss Waldron, do you know if your bond conditions or I'm sorry, your probation conditions are going to prohibit you from carrying time given the uh plea to child abuse?

[00:55:53]>> No, it's late probation.

[00:55:55]>> Wait, is that a no? She doesn't know.

[00:55:58]>> I would imagine she doesn't know yet.

[00:55:59]But what did you say, Miss Waldron?

[00:56:01]>> They said it's going to be light probation.

[00:56:04]>> Thank you. All right. So, we'll just count on our case worker to continue to investigate that. Um likely also uh your obligations as a case worker um for on my court at least uh would be just simply to cooperate with any um pre-sentence investigation or probation office. I don't think you're going to be able to make referrals for her probation terms or anything that has to do with county or county criminal cases. The only case you're responsible for is this one. So um if you want to try to help or if they want you to help, then so be it.

[00:56:35]But otherwise, um, I just need you to keep track of what's going on and let us know. Okay. Thank you, Miss Dodie.

[00:56:42]>> Okay. Um, any other comments or questions before I go into the findings?

[00:56:48]>> No. Thank you, Mr. >> No, your honor. Thank you.

[00:56:51]>> Finds all interested parties are given notice for purposes of today's initial disposition. The case services plan does appear to target and give a road map for Ms. uh Waldron to work on in order to achieve reunification for her child.

[00:57:05]That would include things like housing and income and appropriate safe and stable environment free of substances and um the effects that substances have had on Miss Waldin's uh ability to parent safely and provide a safe and stable environment for her child.

[00:57:21]Um, as a as an extension of that, the case services plan outlines things like psychological evaluation, substance abuse treatment, assessment and treatment, uh, testing, parenting education assessment and treatment, uh, again, the domestic violence assessment and treatment, uh, and all the things that we would hope she's able to do in order to provide a safe and stable environment for her child. She obviously comes to us from L County Jail today and is not able to provide uh an h housing or a safe and stable environment for her child at this point.

[00:57:55]So her daughter is in the safest and least restrictive circumstances. She's actually, it seems like enjoying at least um part of her time there as she's got a foster sister she's getting to know and I do trust our caseworker is doing everything she can to follow the incarcerated parent protocol including going above and beyond to supply some of those updates and even a postcard photograph for Miss Walder now for a child. So, thank you to our caseworker for those efforts and uh we're going to set a review for three months out to continue to look at the case.

[00:58:33]So, that takes us to the end of July or no, the end of August.

[00:58:46]We have the afternoon of Tuesday, August 18th, uh, one o'clock. Does that Are you available, Mr. McFarland? I am.

[00:58:58]We're going to do 1:00.