In Texas family law, parents ordered to complete service plans must actively participate in required services (such as therapy, parenting classes, and drug testing) to demonstrate they have made necessary changes for reunification; failure to complete these services can result in termination of parental rights, though a legislative change effective September 1, 2025, will no longer allow failure to work services as an independent basis for termination, though it may still be considered in final orders.
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CPS Feet to the Fire - Judge Baker is Pï$$ed!Añadido:
Good afternoon, judge.
>> Hi, judge.
>> Good afternoon.
>> Good afternoon, your honor.
>> Okay, Mr. Pilles. Um, we're just to clarify so everybody knows, um, Mr. Pilles's daughter is joining us today. I've given her permission to sit in and observe and uh I hope that's okay with everybody.
>> No objections here.
>> No objection.
>> Yeah. No, no objections.
>> We We need I said we need more parales.
>> Objection.
>> Yes. We need We need >> Thank you, your honor. Appreciate that.
>> So, just so everybody knew who who that is. That's um Valerie Palace. And so, welcome Valerie. We're happy to have you here. Um, all right, Mr. Ples, I guess we need to try to get set up with parents real quickly. So, we have it. She's going by the name of Grace Maya.
>> Yes, ma'am.
>> On our screen.
Um, and then let's see, Mr. Let me got so many people on my screen.
Okay, Mr. Marquez.
Um, actually, your honor, I believe that his last name is Amaya. Marquees is his mother's surname.
>> Okay. So, Sergio Amaya, >> correct?
>> I believe we needed interpretation for correct.
>> Yes, we do.
>> Okay. And what about Miss Riley, your client? Does she need interpretation as well or not?
>> I don't believe so. I've spoken to her in English every time that I speak to her. Okay, very good. Just double checking.
>> Okay.
>> Yes.
>> Can I I am just so that you know, I'm gonna switch over to my computer just so that I'm not on my cell phone. So, if you see another me popping up, that's why.
>> Okay. And I'll let you in >> and then I'll get off of this.
>> Yeah.
>> With your permission, please.
>> Because we're going to start the interpretation feature and get all that going.
>> Yes.
>> Okay.
Okay, everybody ready?
>> Yes, ma'am.
>> Yes, your honor.
>> I will call your honor.
>> Uh cause number. We're here today for an adversary hearing. We are conducting this by Zoom under a finding of good cause and agreement of the parties.
We're live streaming and as Miss Katie pointed out, we are recording to the Zoomcloud. I don't have a reporter today.
Okay, we'll go ahead and take announcements.
Pamela Ferguson, managing attorney representing the Texas Department of Family and Protective Services. I am present and ready with investigator Kimberly Caster. Um, let's see. and uh for the department and also then um permanency specialist uh Charlene and I cannot say her last name. I'll ask her to say it >> and uh and supervisor uh Venice Mincy uh from St. Francis Ministries. We are all present. We are ready to proceed and I think we have an announcement to make.
Tracy Riley appearing for the mother Grace Amaya and we are present and ready to proceed your honor.
>> Meredith Graph um appearing for Sergio Amaya and we are ready to proceed. Thank you.
>> Stacy Grant appearing for Jesus Aino and my client is not present. Whereabouts unknown right now judge >> Savannah King I represent the children.
I'm present ready.
Monica Leos with CASA present and ready.
>> All right. Thank you all.
>> All right then. Um, Miss Ferguson, if you want to go ahead and make whatever announcement there is. Just again be mindful we have an interpreter, so go a little bit slower. Yes, your honor. And I also want to let you know I'm getting the flashing. Your internet is unstable.
So I will try to um get this done um that my internet is unstable. Um okay the I I believe that the parties agree for the department to continue as temporary managing conservator.
Um the parties agree uh for um us to ask the court today to order a ICPC home study on Mr. Sergio Aman am A ama in um in Florida.
Um I understand that the parties are in agreement to work services and that they will be meeting with St. Francis regarding the service plan.
Um at this time the department is not seeking um any child support um or medical support for the children at this time. Um and we would ask the court to that to make that downward adjustment in consideration of the time and um efforts that the parents will be spending in working services.
>> All right. Go over the home study one more time. Is that on the father Sergio Amaya?
>> Yes. Yes. And he lives in Florida.
And is that for all three children?
>> He um admits that he does not believe that he is the father of the youngest child. Um but he does want all three children placed with him. So we would be asking for the home study for all three >> and he understands that's going to be an ICPC and that it can take some time.
He does your honor.
Also um the parties have have discussed it and agreed that we would ask the court to enter an injunction um against the placement or any parties uh other than the department casa adidam talking to the children about the case or about the other parties in the case and that we would ask that to include placement.
So did the injunction was going to be against discussing the case or talking about the >> essentially there's a concern that the placement is talking to the children about their parents and saying things.
>> Yeah.
>> All right. So we say discussing the case or making any disparaging remarks.
>> Yes. Thank you.
>> And your honor, we didn't discuss this as part of our agreement, but I think it's inherent in the agreement um that the parties stipulate to the department making reasonable efforts. Um I see I see heads shaking. Um, but obviously that is I mean TMC can't be agreed to if we don't agree to reasonable efforts.
>> Yes. I wasn't shaking my head at that.
I'm sorry.
>> Oh. Oh, okay. I was I was >> I'm so sorry. I agree.
>> Okay.
>> I absolutely agree. Yes.
>> Thank you. Thank you.
>> Sorry.
>> All right. And I'll clarify that when I make a ruling. Okay.
All right. Um, where are the children placed right now?
With family or father?
>> They're they're placed with my mother.
>> The It's my understanding that the youngest Oh, no. That the oldest two.
Yeah, the youngest two are placed with their um maternal grandmother. Um, and I believe and her name is Sylvia Guerrero, I think. I may not I'm horrible at last names, so probably mispronounce that. It is my understanding that Sergio Jr. is in foster care at this time.
>> Yes. And then the oldest is still with Grace, correct?
>> Yes, ma'am.
And Judge, just so I believe originally all three of the younger children were placed with um Grace's mother, but there was um uh her second child has um autism and has some special needs. And I think that um her mother did not feel like she could adequately care for him in addition to the other two children. And so he was placed at a foster care. Grace knows that and she understands why that had to happen.
>> Okay. Is he in region?
>> Okay. I'm >> ask to address that.
>> No, he is in Houston. He's in region six.
>> Okay. Well, we keep looking for something closer.
>> Yes, your honor.
All right, then. Uh, Miss Riley, does this sound like you and your client's agreement?
>> Yes, Judge, it does. Um, I think that Grace is very willing to work services, um, and to do whatever she needs to do to get her kids back, but she also has full trust in Mr. Amaya. Um, so she definitely wants that home study to take place. Um uh she is concerned judge because she does think although she appreciates her mother stepping in there is a lot of uh tension in their relationship. Um and so she we are asking that the court do what the court would normally do and just advise that she not speak about grace negatively in front of the children. Um I don't think that she's speaking directly to the kids about grace. It's just conversations with other people when the children can hear.
>> Okay.
>> All right.
All right. Miss Gruff, you in your client's agreement?
>> Yes, your honor. um he is hoping that the ICPC will be done as expeditiously as possible and um he's willing to care for all three of the younger children um in his home when the home study is completed and the ICPC has been approved which which is our understanding is then the state of Florida would be assisting Texas in providing services and also whatever other family assistance is needed once they get involved um upon the approval of the ICPC. So um we're hoping that will go quickly so that the children can all three go um to Mr. Amaya.
Thank you.
>> Uhhuh. Thank you. All right. And Miss Grant, I know you don't have a client, so I do not, your honor. Uh just to notify the court, there is a pending attorney general case be regarding the baby and I believe that Miss um Ferguson has that information. Um it was never completed but through her looking at that case she did let me know that we don't expect to find an acknowledgement of paternity on record for him because in that case the attorney general was I believe requesting DNA. So I don't believe that that we will locate anything adjudicating him and if I am able to locate him we will need to follow that process through with you.
>> Okay. Let me just ask and it's probably been asked but Miss Amaya do you have any contact with him or have any information about his whereabouts?
The last information I had to them, I gave it to the child support office and I gave it to the to the social worker.
Um, he is a very person that he doesn't have documents. He's undocumented, so he moves a lot. So, I don't know. He changes his number a lot.
The last time I spoke to him was back in May before all this happened and then I tried to get a hold of him and I couldn't get a hold of him no more.
>> All right. just in the event you have any contact with him, uh, if you wouldn't mind to pass along, you know, for him to that he has an attorney and and you know that she would very much like to speak with him. Um, you can always give that information uh to your specialist.
>> Another thing is that I would not want my child to go with him because um, all the men that live with him, they drink, they use drugs and stuff like that.
>> Understand? and and and that's not I mean we wouldn't just automatically place the child without checking things out and doing all that and and so um you know >> yeah and he's even though he's threatened me that he if he ever was to get his hands on my child he would send them to Mexico and he would go to Mexico with him and you know and that's one thing that scares me that's what I told the the courts too when I filed for child support was that you know I did not want him you know to have unsupervised visits with my son because of that reason.
>> Okay.
>> And you know, um Sergio has stepped up ever since my baby was born.
>> He helped me with um my baby with milk, diapers, everything. He's helped me um he's always helped me, you know, when um when I had my C-section, everything he was there. Um he helped me come home from the hospital, but he bought my baby everything he needed. And your honor, it might it might put it might put Miss Amaya's mind at ease if I just explained to her that he's not adjudicated and I won't as his attorney be seeking custody of this child without DNA testing and further order from this court. So, um I didn't want to I didn't want to scare her by my presence and that I was looking for him.
>> Yeah, it does. Um that's >> Grace, we can I think we can deal I think the court is aware of the situation and I think that we're good.
She I think I think the court understands and and will >> he would have to come back to court before he got him. Okay.
>> Yeah. He's going to have to do actively participate and show us that he's stable and would have a you know a good >> even work. He don't even really work. He works one two days a week and then he drinks a whole other week.
>> Right. But Grace right now is not the time for us to take testimony on that.
So Okay. Okay.
>> Okay. But I mean it makes me aware so that's that's fine.
>> Yeah. Um, okay then. Um, Miss Concincaid, >> that's my understanding of the agreement, your honor.
>> And are you good with that?
>> Yes, judge. I am.
>> Okay. All right. And Casa, >> I agree with all parties.
>> All right. Thank you, Miss Levis. Okay, then. um today. Um then I'm going to um follow and approve the agreement that's been reached by the parties who are present. Um and with respect to Mr. Aino.
Um, let me just ask, Miss Ferguson, does the department really have anything to offer regarding him or is he just MIA enough that we don't really know anything?
Your honor, at this time, I'm not aware of any locating information. There is um an AG order that was recently or a case that was recently started, but it was a motion to establish paternity. Um, it never got completed. We don't believe it affects jurisdiction in any way in this case as to the younger child. Um, but we did follow up on the contact information and we haven't been able to uh locate him.
>> Very good. Okay.
All right. Then I will find that the evidence is sufficient to name the Department of Family and Protective Services is the temporary managing conservator of the three children that are the subject of our case. Um, I will approve the agreement as has been stated. Um, we will expect parents to work services. There'll be no child support or medical support orders entered in this case at this time. Uh, we will do the home study on uh, Mr. Sergio Amaya in Florida. Um and um do we want to initiate just to rule out do we want to do genetic testing between Mr. Amaya and the youngest child since we know Mr. Maya I mean Mr. Maya doesn't think he is the dad but he's presumed. Do we want to go ahead and just dot that eye?
>> That would clarify matters. Um, and I believe, you know, Mr. Amaya would probably want that clarified as well if child support was ever considered in the future. So, okay. Um, so let's go ahead and order genetic testing between Mr. Amaya and the youngest child.
I will enter an injunction, a temporary injunction uh that will apply to all parties in the case and/or placement of the children.
Uh that uh prohibits discussion of the case with the children or making any disparaging remarks about other parties in the case.
uh to the children or within their sphere of awareness.
Placement needs to be appropriately admonished about that.
Um, >> your honor, can I speak?
>> Just give me two seconds.
>> Okay.
>> Um, all right. The department will make reasonable efforts to reunify the family. Uh, we had a hiccup about that, but I don't think it really was a hiccup. So, you know, obviously the department's ordered to to do that. The I, you know, and I I'm finding that it would be a continuing danger to the children to return home at this time.
Uh, okay. We'll continue the children's current placements.
And um your honor, may I request for my client that we go ahead and put in the current order that no access to the child will be granted until he complies with DNA testing and is determined to be the father?
Um, well, that that's fine to just say, let's just put it this way, that there'll be no visitation scheduled between him and any of the children. Uh, >> okay.
>> I just didn't want him to get served with that AG thing somehow without us knowing and yeah, suddenly go through with that. So, if I have this order, it kind of covers me. Yeah, let's just say be there will be no visitation scheduled with him and any of the children until further order of this court.
>> Thank you, your honor.
>> All right. Um Okay. Who else was asking?
>> I was um Yeah.
>> Um on the order, does it also apply that she cannot um talk bad about my kids to s about Sergio because she's been doing it too?
>> That's it. She's not supposed to talk about anybody that's a party to the case.
>> Okay. Thank you.
>> So, I will just ask Miss You and Mana to really admonish placement that that's that's a serious order and you know, if she doesn't abide by that and continues, it could mean removing the kids from the home.
>> Yes, ma'am.
>> Because that's a that's that can be an emotional damage that's hard to undo.
Your honor, I have a question for the parents. If we could just ask them. Um, the children are listed on the on the header of the court documents um with a mother's um family surname.
>> Could we ask the state to change um the the header um correct correct that?
Thank you.
So, typically the clerk's office can't correct the style of the case, but we will file a supplemental pleading to correct the names of the children for the rest of the case.
>> That's Yeah, that's what I was asking.
Thank you.
>> All right.
Okay, then. Um, I'll see everybody back for our status hearing that's set for July 9th of 2025.
That'll be on a 9:00 docket.
>> Judge Just to interject real quick. I may be confused, but I thought that Miss Ferguson already filed a correction to the IDs on May 27th in this case.
>> It was just last name.
>> Oh, gotcha. Okay. Thank you. I thought I might be mixed up. Thank you, Judge.
Sorry about that.
>> All Mr. Palace, were you able to get all that because we had people talking over each other.
Okay.
See, Valerie, he really is good at what he does.
>> He's the best.
>> All right, then. If there's no further questions or clarifications needed, then u I will see everybody back July 9th. I appreciate everybody's cooperation and logging in. So, I hope everybody has a good rest of your afternoon and I wish parents the best of luck moving forward.
Thank you, judge.
>> All right. Thank you.
>> Thank you.
>> Thank you, Judge.
>> Thank you, Judge Parales. Thank you very much.
>> We'll go ahead and take announcements in.
>> Pamela Ferguson, attorney for the Texas Department of Family and Protective Services. I am present and ready with permanency specialists Charlene Uimina and uh and supervisor Margie Lopez standing in for supervisor um Venice Mincy uh all from St. Francis ministries >> Monica Olivas with CASA present and ready >> Tracy Riley I'm appearing for the mother Grace Samaya and she is present ready your honor.
Your honor Meredith Graph appearing for Sergio Amaya, the father of um the two older children and he is present and we are ready. Thank >> your honor Stacy Grant for the children.
>> Miss Grant, I've got you for the father Jesus Aino.
>> That's correct, Judge. I I have the wrong folder. My apologies.
>> Savannah King for the children. I'm present ready.
All right. Um then let's see. Miss Yuimol, I'm going to look to you for an update.
>> Hello. Um the the children are doing great. Um they are not placed with kinship anymore. They're in foster care. Um Sergio is doing great. Um he has started daycare. Um he has been on medication to help him sleep. He was having trouble sleeping. Um the younger two, Gail and Ariel, are also doing great. They are not in daycare, but they're doing great in their placement. And um mom has not started her service yet. She has been having trouble getting her services done, uh finding places for her services. Um they were having visits every Wednesdays, but mom's schedule continues to change, so we're having trouble getting that to be consistent.
Is it with the same employer?
>> Yes, ma'am.
>> Okay. But she doesn't have a predictable schedule.
>> No, her schedule continues to change every week. Um, and this week alone has changed two times.
All right. any any suggestions or is there anything we can do about that?
>> Um I have spoken to my supervisors and some of the colleagues and they've told me that they um I could write a letter to give to her uh to give to her so she can give to her boss. That way they know that she has a set schedule to see her kids on the certain day. That way she would have that day off or she would have that time off so she can have her visits with the children.
>> All right, let's try it. I mean we you know we don't have any authority to make the employer you know do that but let's let's try that.
>> Yes ma'am.
>> Okay.
And then is she just having difficulty setting up or finding providers or I mean I guess I'm not clear when you said she's having trouble getting services done. she's having trouble finding providers in um Lfina because it is a small town and I've asked if she's looked into um the neighbor towns like Fiona and Herford and she said that she has not been able to find any either. So the only providers that I know we can help her with is here in Amarillo.
>> Does she have transportation?
>> She does not have transportation from what she told me. She told me her sister has helped her go from places, but she does not have her own transportation.
>> Do we have a counselor that's in that area?
>> Not that I know of.
>> Well, we've had other parents do some services, I think, in Levik and some maybe even in Herford.
Um, >> and your honor, we have counselors who can see people online. It's not ideal, but you know, I think St. Francis can check into that. Yeah, Miss Lopez, I I I guess my feeling is I mean the impetus is on somewhat on on St. Francis to to you know tell her who the providers are going to be.
>> Absolutely. We will work um at locating some at least some virtual services for her because there are parentings that uh classes that can be done virtually, some therapy that can be done virtually. So we will definitely work on um setting up some services for her that will be virtual.
Okay. I mean, and I don't I don't think it falls completely on her shoulders to locate and those providers. I mean, they're contracted through St. Francis.
So, uh, sounds like we need to get we need to get involved pretty quickly to start finding those.
All right. Miss uh, you what about I mean, anything else with respect to mom or the children?
>> No, ma'am.
>> Okay. Did she sign her service plan?
>> Yes, ma'am.
>> Okay. All right. Then what about uh Mr. Amaya?
>> I have been due to the language barrier, I have not been able to get in contact with him, but I have talked to the other father who has reached out and he has said that he's not the father of the young child and that he does not know who Grace is or the child is.
So, Mr. Aino is who you're referring to?
>> Um, I believe. Yes. Or Mr. Perez.
>> Well, yeah. Jesus Perez Aino. Okay.
>> Does he understand he has the right to request genetic testing?
>> Yes, ma'am. I also have sent him um Miss Grant's um phone number and email. that way he could contact her. Um, and that he does have the right to get u he also asked for a DNA test and I said that he does have the right to get a DNA test done.
>> Okay. All right.
>> Okay. And so you're you've had no contact then with Mr. Amaya?
>> No, ma'am. I've tried um because of the language barrier I wasn't able to.
>> Are we not using still like the language line to try to talk with?
>> Uh I do not have the language the number for the language line yet but I have received it and I will get in contact with him.
>> Okay. Has he signed a service plan or has anybody gone over that with him?
>> No ma'am.
>> Has the service plan been created?
>> Not yet.
Okay, Miss Ferguson, you need to talk to your folks.
>> Yes, your honor. Um, actually, can I have a breakout room with my people right now?
>> Yeah.
>> Judge, >> I'm sorry. Did somebody address me?
>> Um, I would like to speak to my attorney. I don't know if I can speak to her in private.
>> Sure. Yeah, I can put you in a breakout room with her.
Thank you.
>> All right, we got everybody out of breakout rooms now.
>> Thank you, your honor.
>> Okay.
>> All right. Um, your honor, I do have an announcement for the department or or I want to add to what my client said.
>> Certainly, go right ahead. Um the department will be getting with Grace uh um Copanaya um to work with her on setting up services. Some of those services will be virtual. It will include individual therapy um and uh potentially family and couples therapy if recommended. Um we do anticipate couples therapy may be recommended at some point, but we want her to start out with individual therapy. We'll be working with her to find a therapist. Um we'll be asking her to do parenting. Um, and the other services, I believe there have already been services we've gone over with her on her service plan. We'll be asking her to do all of those services. We'll be setting up a more specific service plan with her. Um, and and so I just wanted to let all the parties know that we will be working with her to find services.
Um, as far as uh the father Sergio Amaya Marquez goes, we will also be working with him to find services. those services will likely be virtual since that's the best that we can do with him in Florida. Um we will be looking to get individual therapy set up and then um if recommended, couples therapy, family therapy if recommended. Um we'll be looking for some type of parenting classes for him. And we would ask um that he maintains stable housing and stable employment for the duration of the case. Um, also we would be asking for the court to order or to allow it we would be asking him to take a a drug test um prior to any reunification with the children. Um, and we would want to see that as a negative result before the children would be returned to his home.
Um, also if a positive result on a drug test did come back, we would be asking for a drug assessment and any follow-up treatment that's recommended.
And as far as the father, Mr. Jesus Perez Aino, um we would he has asked to establish paternity. So we are asking the court today to order a DNA test for him. Um >> your honor, your honor, my client agrees to a DNA test. We were just waiting our turn to speak in order to request the same.
>> Okay.
>> And then in addition to that, um uh we would also be asking, um for any services to work towards reunification if he did want to be reunified with his child after the DNA test comes back. Um, we would be asking for him also to do individual therapy just for us to get a baseline and some parenting classes. Um, we would also be asking for a drug test um, prior to any reunification. And then if that drug test came back positive, we would be asking for a drug assessment and any recommendations to be followed from that.
>> And your honor, we would object any drug testing or any other services to be approved or ordered at this time uh, pending the genetic testing and will request a second hearing prior to any order of any service plan due to my client potentially being a non-offending parent with an unknown child.
Your honor, I would respond to that that a parent who has been absent from the child's life is not necessarily a non-defendant parent. That is a parent who's made a choice. Um, and we would be asking him to do these services to, you know, help with his relationship with the child's mother and also to ease him into parenting. Um, >> your honor, our request is for a hearing prior to anything. It's not to argue it today.
>> Well, and and I don't know what the facts are that whether I don't know how long he's known about the child. I mean, that >> Yeah, and I don't either, Judge. That's why I was requesting a hearing. I don't really have the facts of the of any separation that may have occurred and I didn't want to burden the court with the argument today until I had the genetic test to determine it was necessary.
Obviously, he would agree to a service plan. I would just want to discuss with Miss Ferguson what those services would be um once I get the background facts as far as how he was separated from the mother and the child.
>> And your honor, we are just asking for the service plan to be ordered as it would be for any alleged parent.
>> Yeah. Well, I mean, we're at a status hearing. So, I mean, you know, this is this is the time where we, you know, should have service plans filed. And Miss Ferguson, do you have any clarification on that?
>> Your honor, we will be um we are announcing the services today. We're asking the court to do to make the order based on our announcement, but we will be following up with getting the service plans filed.
>> And your honor, we object to any service plan being announced verbally in court, especially in a court where there's a language barrier between myself and my client. My client has not had a meeting with his caseworker regarding a service plan. the caseworker um has indicated there's a language barrier for her where she's unable to communicate and any order of a service plan under these circumstances, your honor, would be uh unjust to my client.
>> Your honor, I hate to jump in here, but I think it's necessary. Um I would say that my client is in the same situation.
There's been absolutely no contact between St. Francis and my client, and he is very easily available by email. We have been corresponding. I use a Google translate and I recopy the the Spanish um that I want him to know from the English and we've been we've had correspondents um every single week since this case started. So there's absolutely no excuse um and I'm certain that St. Francis has people who speak Spanish who could have reached out to him and this is frankly not reasonable efforts in any way, shape or form um on the part of St. Francis to communicate with his father of two children in this case. And furthermore, he's had no information about any services. I'm sure that he would be agree to do services, but what we're waiting to hear today is about the um ICPC, and we've heard nothing about whether or not that application has even been submitted to Florida. Um so, there's a lot of um lapses that have happened and and we're very very very concerned. The children have been recently moved in an emergency removal. My client was not notified before that happened. He was not offered to take the children. My client is not an offending parent. Um, they have nothing. I mean, they're they're asking for drug tests. They have no proof that my client is a drug user. Um, and so all of this is very disturbing to me to come to court today and find out the social worker has not even attempted in any way, shape, or form to reach out to my client and now they want to order services without even talking to him.
So, we really would appreciate the court.
>> Your honor, can I just at this moment can I make a motion to continue the status hearings?
>> Exactly.
>> We're just going to recess the hearing.
And your honor, just just to make my record, I object to any continuation or reset as these children were removed in May and the department and the social worker has had ample time to do their job and their job and they failed to do their job.
>> We would object as well, judge. And just so that just to briefly be heard um for my client, um the children were removed from kinship. We still don't know why um or what happened and I I realize that there are some limitations as to as to what they can tell us but they were but my client doesn't know why her children were removed from kinship and she had requested that Sergio be that an ICPC be done the court had ordered that that be done at the last court date and ordered that it be expedited so that because he was willing to not only take the two children that are biologically his but the third child as well um if if that were deemed an appropriate placement and that is something that Miss Amaya is is definitely in favor of and so she is definitely discern that that did not And um she also though has been trying to get services, has called my office probably more often than any other client I have trying to get services done and trying to figure out what she can do to get her kids back and she's just out of resources judge. And I don't think that with between her work schedule um which did change twice this week only because someone quit and so her boss just changed her schedule. Um and she's in a position where she can either tell the agency I can't make it to the visit or she loses her job and she has to work a job in order to get a place to live so that she can get her kids back. Um, and so judge, we're we're again I understand why the court is ordering a continuence, but we're objecting as well because I don't think there's been reasonable efforts on the part of the department for my client either.
>> All right. I wanted >> Your honor, may I add one more fact that may be relevant for the court's decision. Um, St. Francis employs a Spanish-sp speakaking licensed professional counselor themselves. And he is readily available. Um, he works in Palmer County virtually. He works in Floyd County virtually. um and he's their employee. He's readily available to be to provide these services to our Spanish speaking clients. And so I'm not sure the delay in at least starting the therapy or the counseling or giving her that service provider when he's an employee of St. Francis.
>> Your honor, I'm not I would ask for the name of that person. I'm not aware of anybody as a counselor being employed by St. Francis.
>> One second. I'll get it for you, Pam.
I'll I'll chat it to you.
>> Is it somebody they contract with? When you say employee, I mean, you mean they contract with him?
>> Um here's my understanding, and I'll get the name just in a second, your honor.
We just finished um a week-long trial with Miss Molenax out of Dalum County and he was one of our witnesses. He testified um that he is contracted to St. Francis and he regularly works with all of their uh clients and he offices in the same location so that he's readily available. But let me get a name so so that Miss Ferguson is not a disadvantage to check into it.
>> I' I'd love to check into it. I'm not sure he's actually employed by St. Francis, but probably contracted for sure.
Okay. And and I would not uh argue that with you, Miss Ferguson, if that's if that's the arrangement. Let me get a name so that I could so that you can follow up if you if you'd like to.
>> Thank you. And Judge Baker and parties, I would just address that the ICPC was ordered and the order was signed in June. Um it is underway. All the paperwork and the process is underway.
Um we can we'll come back at the next hearing with a very specific um outline um for that. And as far as the children being moved from kinship, the department did file an affidavit and a notice of movement of placement. And we did outline the reasons for that in what we filed.
>> And I'm sure that you did. I don't have that, Judge. And I have been having a hard time getting notices from some of the outer counties. So I don't show that I got that. I don't know if any of the other attorneys got that.
>> I did so that it wouldn't be a surprise to everybody. I did also follow it up with an email to all the attorneys.
But let me just make sure. Maybe I left somebody off.
What can you just give me what was the basis of moving the children? Your >> honor, I mean, if you don't mind, I'll step in here for a second. Um, last week, Miss Olivus with CASA, uh, reached out to me. She was really concerned, very concerned about the current placement of the children. Um, basically, uh, grandma was overwhelmed.
We had already moved older child because she was overwhelmed by that by him. Um, he has some additional needs. Um, but she planned to travel to Mexico and I wasn't sure if it was for a weekend or if it was for 4 weeks. I think it was four weeks and she did not intend to take the children with her. Um, and she lives with a gentleman who's not the grandfather and does not want to care for the children. She did not want to take the children to Mexico. Um, and she did not want the children placed with her anymore. Um, and she was pretty insistent about that. And um given the circumstances and the conditions of the home and her unwillingness to talk with Miss uh Olivus uh or allow Miss Olivus to see the children um that that's kind of what resulted in the children being moved. Um well that is what resulted in it.
>> Okay. All right. Well, that sounds like that was inevitable and unavoidable.
>> That's what I believe, your honor. And I appreciate Monica so much for reaching out and us getting that done quickly and safely.
>> All right. Are the children all together again?
>> No, they're not.
>> Okay.
The two two are together.
>> Two are in Amarillo at a foster placement and um the older is at in Houston.
>> Okay.
All right. Well, we are going to recess the hearing.
We're going to pick a date to resume that.
Um, but service plans need to be gone over with each of these parents that we have contact with. And it sounds like we now have had contact with all of them. Um, and you know, obviously filed before we conclude the status hearing. So, we're not going to I'm not going to make any decisions about any services or anything else at this point in time. Um, you know, I will say that It's fairly standard procedure at some point in time, even with a non-offending parent, that we may want a drug screen just to make sure we don't have a problem. Just because they're non-offending, doesn't necessarily mean we know very much about them, you know.
In fact, most of the time it's it they're not offending because maybe they haven't been much in the picture and we don't know anything about them, you know. So, um, you know, I I think you can anticipate that when we get service plans, you know, prepared and gone over that that's going to be a request. You know, if we if we have initial negative drug screens, we may not have anything to be concerned about. But, um, you know, it's it's obviously a a big thing that we need to know about.
So, when you talk with your clients about this, I think you might as well prepare them. That's probably going to happen at least once.
Your honor, the name of the licensed personal counselor who is a Spanish speaking provider is Jorge Ibara LPC.
>> Okay.
>> Thank you. All right. You're welcome.
>> So, uh, Miss Katie, we need to look at a date to resume this. The sooner the better, obviously. Um, >> your honor, while she's looking, um, I have a question about the language line that your honor mentioned a bit ago, um, I was not aware that there was a language line here, um, in Texas that we could use as parents attorneys and it's not available to you.
>> It's somebody that the department contracts with. So, >> I see.
>> If you have effective communication the way you are doing it now, that's fine.
if you need to engage the services of an interpreter, uh, you can certainly do that and I'll submit those bills to the county.
>> Okay, that sounds great. Thank you, your honor.
>> Yeah.
>> And Miss Graph, my office has Spanish speaking ability with my client and you're always welcome if you need immediate assistance to contact Adriana in my office to help in this case.
>> Okay. Thank you so much, Stacy. I appreciate it.
>> Sure, no problem.
>> And judge, with both fathers requesting genetic testing in this case, I did notice there's a visitation plan scheduled. Is that visitation plan still in effect even though genetic testing has been requested by both fathers?
>> Miss Fergus.
>> Um your honor, that's another thing that we'll be revising. I mean obviously um I >> Mr. um Amaya Marquez has basically said that he doesn't believe that the test would come back and show him as the father of the child. However, he does want a relationship with the child. So I think we can evaluate that for visitation for him. And as far as Mr. Perez Aino. Um he is an alleged father to the child and so um >> we're talking about the youngest child.
>> Yes, judge.
>> Yeah.
>> So we can I can just hold off on that question, judge, until we reconvene on the date Miss Katie finds for us.
>> All right. So nothing set in stone until it is. Okay. So July 17th at 9 or June 23rd at 1.
So, your honor, I am in a full day docket um in Yokum and Permer County on July 17th.
>> But I am available on the 23rd.
>> Wait, June 23rd? You mean July 23rd?
She typed in June.
>> Yeah.
>> Or we can all go back in time, which is good for me.
>> I would love that. Can we go further though?
>> Yeah.
>> Yeah, >> that would be good. But June 23rd sounds really good to me.
>> 1989.
All right, everybody slow down.
Remember, Mr. Parales is interpreting.
>> All right, I can do July 23rd, Judge, but I I have a 1:30, so I'm But that's just a a a PNC, so I could be at the courthouse and just check in really quickly on as to that and then come back.
>> I'm available on the 23rd, your honor.
>> I'm available.
>> Miss Concincaid, I didn't hear you. if you chimed in.
>> I can do the 23rd to 17th. I'm not available. So, >> 23rd. It is at at promptly at 1:00.
Mr. Pace indicates he's good for that as well.
All right. Then folks, these cases are not easy when we have people all over the country and we have language barriers.
You know, but I I clearly expect St. Francis to step it up because, you know, it's it's it's our job to provide these services to parents. It's not their job necessarily go out and look for them unless they're out of state. And so I'm I'm I'm going to just register my quick disappointment in the turn that this has taken.
Everybody just beware. This case is going to require more of your time because they just do.
So let's let's don't have a breakdown like this again. We need to be working actively with these parents.
You know, they're showing up to hearings.
So, they're interested enough in these children that they're they're here and you know, they're wanting to participate. So, um anyway, I expect we'll have all of this resolved when we get back together on July 23rd.
All right, then. We're just going to be in recess and I'm not making any orders today about anything.
>> Your honor, can I speak?
>> Yes, ma'am. Um, I've only had one visit with Sergio, my son, ever since he was placed in Houston. And it was a virtual visit and it was really quick. And um, Charlene told me I could not speak Spanish with my child. And that's my child's language.
That's the first language he's ever known is Spanish.
>> Well, that's probably >> And I did advice Charlene. I felt like I was being racially slandered because that is our language.
Judge, I've I've explained to my client that that the necessity to have a Spanish-sp speakaking observer then, and my understanding was that the department had taken care of that and was going to make sure that at her next virtual visit there was a Spanish- speakaking observer present so that there would not be that issue because certainly my understanding was they didn't have a problem with her speaking Spanish, just that the person that was there wasn't able to understand what was what was going on. So, if that hasn't happened, that's news to me and and that's unfortunate because I do think that's the remedy for that.
>> Yeah, it is.
>> Yes. And your honor, I do if it would help. Uh same Dum case that we just finished a week, two week long jury trial on or one week, I'm sorry. There is a Spanish speaking observer and if Miss Ferguson would like that name, I can also send it over and he is located in that in in an area where he can service Palmer as well. Palmer Floyd. He does all the outlining areas, your honor, if that would be helpful.
>> Thank you.
>> So, Miss Amaya, there's there's no hidden agenda about that. They just didn't have it set up for someone who was Spanish speaking to monitor your visit. So, you know, nobody's, you know, there was there's no uh you know, nobody's trying to discriminate.
Nobody's trying to put you at a disadvantage. It's it isn't that. It's just it obviously was something that wasn't addressed in advance. So, they didn't know that they needed that. But, we do now and that will happen now. And >> like Y like I've only had one visit with my son virtually, and it was a quick visit. I have not had another one with my son with Sergio.
Um said that she was going to get so um Sergio could have visits with his son and he hasn't had any with the kids either, not even virtually.
>> Okay. So, it's the same deal. I mean, we Miss Lopez, you're the supervisor. So, I'm going to I'm going to direct this to you. We need to step it up.
All right. We will be in recess. I'll see you back July 23rd at one o'clock.
All right. Thank you very much, Mr. Carlos. Thank you.
>> Thank you, your honor.
Thank you, judge. And Miss Ferguson, I put the supervisor for visitation that spoke Spanish for us was Danny Madrical, and I put that in your chat.
>> Thank you.
>> You're welcome.
>> Judge, could I just tell Charlene that if they get a service plan ready prior to the 23rd, I would be happy to set a meeting in time to go over it in advance to make our next hearing go quickly.
>> That would be greatly appreciated. Yes.
>> Okay. And I'll go over to my client. I would appreciate them including me in that as well for my plan.
>> We can all set up a meeting through my office and myself and Miss Graph and both fathers could possibly go over those in advance of our next hearing.
>> However you all want to handle it is great, but but the minute those service plans are prepared, I want them to go out to the attorneys so they have ample time to go over those with their clients in advance of the hearing.
>> Thank you, Judge. Miss Graph, my office will get with you to include you.
>> Awesome. Thank you so much. I appreciate it.
>> All right. Thank you.
>> Thank you.
>> Thank you, judge. Judge, I had the previous hearing.
>> Your honor, is there a way for me to have a breakout room?
>> Who do you need it with?
>> Just the attorneys.
>> All right.
>> I'm trying to decide how quick we need to be or not.
>> Okay. Let me uh let me set them up.
Richard and I'll get him in there and then then you and I can continue to try to establish contact with him.
>> Judge, we've had no update to any uh communication from Mr. Aino. Jesus Aino.
>> Okay.
>> All right. So, attorneys room one and then we'll work on our interpretation situation.
>> Actually, can Payton Sim join us as well?
just in case attorneys have questions.
>> Okay, just a minute.
>> Thank you.
>> All right.
>> Okay.
Okay. And Miss Riley, you need to select your language again.
>> Yes. I'm so sorry. Instead of leaving the room, I left the whole thing.
>> That's fine.
>> Um, but I am good to go.
All right, let's just everybody can hear that's on English channel.
All right. At this time then I will recall Cosmo. We are here uh to uh return on our status hearing that was recessed uh back on July 9th of 2025.
Um so um since we're here on a new day, we're going to go ahead and take announcements. Again, we are conducting this through Zoom. We are live streaming and Miss Taylor is making our record.
All right, Miss Ferguson, if you want to start.
>> Pamela Ferguson, attorney representing the Texas Department of Family and Protective Services. I'm present and ready with case or permanency specialist Payton Sim and Supervisor Marll Collins standing in for Supervisor uh Venice Mincy. Um both all from St. Francis Ministries and um Payton Sim will be the new case worker on this case.
>> Stacy Grant on behalf of Jesus Aino.
Your honor, my client is not located here um and probably will not appear until he has completed the paternity test. However, he has been in touch with Payton Sims so that we can get that started.
>> Okay.
Tracy Riley appearing for Grace Amaya, the mother in this case, judge. And I am present and ready, says my client. And we're ready to proceed.
>> Meredith Graph appearing um for Sergio Amaya Marquees. And we are um ready to proceed. Thank you.
>> Savannah King on behalf of the children.
Monica Lea present and written.
All right.
Thank y'all.
All right, let's pick up where we left off. So, Miss Sim, u I know you're small disadvantage, but I'm assuming you've been brought up to speed. So, um, we had, um, where do we stand with, excuse me, with service plans and then anything else new that's occurred since we were last together on July 9th?
>> Okay. So, since I got the case, um, I have filed ICPCs for all three of the children to go with Sergio in Florida.
I have also completed Jesus's Sergio and Grace's family plans of service.
Sergio and Grace have signed those and those have been efiled.
Jesus, he has a worker or a local permanency specialist in Corpus Christi that's going to see him monthly and help set up services. Um, I have requested virtual visits between Sergio and all three children and those are occurring every Friday. I've requested virtual visits with Grace and Sergio since of since distance and those are occurring every Friday. I have also requested in-person visits between Grace ADL and Gail. And currently I'm supervising those. Um, but we have a Spanish- speaking HST who will be supervising those in the future when whenever he gets them scheduled.
Um, as far as the kids go, since the last court hearing happened, I found out that ADL has a condition called toricolis.
And this is where the throat muscle contracts and causes the head to turn one way the majority of the time.
And Gail has a heart murmur and will be seeing a cardiologist very soon.
Was this something that was discovered as far as Gail? Was that discovered at the time the child was born or is this just now being discovered?
>> I am not sure. I contacted the foster parents to introduce myself and he let me know that when the kids moved in the home with him that they didn't know they had a cardiologist appointment for this murmur. So I I'm really not sure. Judge.
>> Okay.
>> May I speak?
>> Who is that?
>> Grace Amaya, can I speak? Um yes. Um Go has had the heart murmur since he was born. Um he was born with a very tiny piece of heart. He has gone to cardiology um basically all his life.
>> Okay. I had a feeling that probably was the case, but thank you. Okay.
>> You're welcome.
>> It's a VSSD.
>> Okay. Miss Sim, anything for >> I don't think so. I think I think that was pretty much all I did since the court occurred last.
All right.
So, no, two of the children are placed together. Is that correct?
>> Yes.
>> Okay. Gail and Sergio are placed together.
>> Gail and ADL.
>> Oh, I'm sorry. Okay.
And they are with a relative?
>> No, they are at a foster home.
All right. And Sergio is in a different foster home.
>> Yes. In Houston.
>> All right.
And where is mom living at this time?
>> Bovina.
>> Okay.
>> Texas.
>> All right.
Okay then, Miss Riley, any questions for Miss Sim or anything to add today?
>> Um, no. Judge, I think things have we've had a I'm like not 360, but 180, I guess, would be correct turnaround from where we were at last time. I know that Grace has signed her family plan. Um, she's working on starting some of those services, but visits are going better and and we're great. So, we really appreciate everything that Payton did to get things up and running.
>> Okay, Miss Gra.
>> Um, I would echo um your honor what Miss Riley said. Um, we really really appreciate u Miss Sim and and what she's done since she came on this case. Um, I understand that when she came on the case, the ICPC had not been sent to Florida, but it has now. And um we really appreciate her speedy getting you know speedy resolution of a lot of the issues getting the service plans for um the fathers or Mr. and as far as Mr. Kino, we don't know yet, but but getting those done anyway, getting a visitation plan um and getting everything uh ready for for this this resumption of the hearing. Um it's just made such a difference and and I do appreciate that she's going to communicate with my client and help him get anything he needs to do in Florida, which I'm sure will be the drug test the court has ordered. Um, I understand most of the other things will be virtual, which will be really great for him because he can work that um through his his devices and not have to travel. Um, and the department is going to pay for it and we appreciate that very much. So, I think we're good um as far as where we're at right now. And we just have to say again, we just appreciate Peyton so much.
>> I'll pass.
>> Okay. Thank you, Mr. Grant.
Um, pretty much the same thing to say, judge. Um, Payton always has been, always will be one of the better workers that we work with that we we appreciate all the workers, but Payton is very efficient in her job. Um, we uh I I was able to get the referrals that we discussed at the last meeting over to Miss Ferguson and they were able to use some of those and Mr. Magical is um uh very effective with uh making sure visits happen. He's very dependable. So I I think that will save um Miss Sim some time and having to uh do those visits herself. So as soon as Mr. Aino presents himself for the drug uh for I'm sorry, judge uh the genetic testing which Miss Sim is scheduling and then we will wait for that result. He claims, your honor, never to have visited Amarillo and not to be the father. So, so we'll see how that pans out.
He's uh you know, we we've heard that before and then we've gotten confirmation testing.
So, I don't want Miss Amaya to take that personal in any way. It sometimes that happens.
>> Um I have a question for you, Stacy. Is that what you hear? Um, his dad, the baby's dad has never lived in Corpus Christie. He's always lived in Dallas or Louisville, Texas. That's where he he usually hides along those areas. He never has.
>> And we are verifying, your honor, that we have the correct Jesus Aino. And we are very aware that there could be two gentlemen with the same name. And so if this gentleman is ruled out, we will continue to ensure that we've tested the right person through some type of identification or something like that.
But thank you, Miss Amaya, for that information. We're keeping that on our radar.
>> He's 37 years old. The baby daddy's 37 years old. That should help you a lot, too.
>> That would help, too. Yes. And if you think of anything else, feel free to let Miss Riley know and she can email it to me.
>> I haven't heard anything of him anymore.
Like I said, >> okay.
>> In just a couple of months.
>> Okay. Well, I just want to assure you we are we are keeping it on our radar that we could have the wrong person. And that's that if we do, we'll continue to do our work.
>> Okay. Thank you.
>> Thank you, ma'am. You're welcome.
>> Quick question in that regard. Have we Does Miss Amaya have or have we seen a photo of who we're talking about?
>> I have only one photo of him and the baby together. I could probably send it over to Miss Riley.
>> That would be most helpful if you would do that. And then >> Great. And I'll forward it on.
>> Yeah, because I had told Charlene about it and Charlene said that the photo wasn't necessary because they already knew who he was.
Well, if you've got one, let's take a look at it.
>> Okay.
>> And Grace, do you know his birth date?
>> Uh, I don't know his birthday. I do know he's 37 years old. That's what I know.
>> Okay.
>> Thank you, Mr. Maya.
>> Thank you.
>> Okay, then. Um, Miss King, >> uh, nothing to add, your honor. It seems like we're on the right track at this point. So I don't have anything to add to the hearing today.
>> Okay. Any recommendation about the children today?
>> Uh just to continue the department as temporary managing conservator. I hope that we can get that ICPC done as expeditiously as they're going to do it.
Um and hopefully we get some good results from that.
>> All right.
>> Okay. And Kasa, >> the same as Mrs. Concaid. Um, I hope everything goes. It's been a lot more smoother than before. Um, and hopefully we can get these kids with Mr. Sergio.
Okay.
So for today, I'll continue the department as temporary managing conservator and I'm going to continue the children's current placements.
I'm going to make a finding that there would be a continuing danger to return the children home at this time.
Sounds like we are on the right path now.
Uh, I'm going to order the service plans as an order of the court today.
Um, but I need to I need to inform parents about some things concerning those service plans.
I'm going to go a little slow. So, Mr. Pales has an opportunity to to translate this if his client has any or excuse me, if Mr. Maya has any questions?
This is going to be confusing.
So, until September 1st of 2025, the law is that failure to work your service plans could result in termination of your parental rights.
So, if you don't work the services, your rights could be terminated.
meaning obviously that the children would not go home to any parent whose rights were terminated.
There's a change in the law that will be effective on September 1st of this year.
After September 1st of this year, it's no longer a basis to terminate your parental rights if you failed to work your services.
So although it may not be a basis to terminate your parental rights independently, I will just tell you that failure to work those services could potentially affect or restrict your parental rights and duties as a parent in any final order.
So whether or not you work your service plans can be a factor and can be considered at trial. Um and and working those services is a way for you to demonstrate to the court that you have made the necessary changes for you and your children.
So although if you don't work your services or you don't complete your service plan, I can't terminate your rights on that basis, it's still very much going to play into a final decision that I might have to make in this case.
So I don't want anybody to think that just cuz it's not grounds for termination that it doesn't matter.
they're still very important and it's still very important for us to see progress and in changes and and the way you do that is by working through those service plans.
So if I've completely confused anybody, I am happy to take a any question about that right now.
Okay, for the attorneys, that's probably the worst legislative update you've ever heard.
Um, okay.
So, because we are prior to September 1st, I'm going to order the service plans as an order of the court today.
And I am admonishing you that if this case happened to go to trial before September 1st of this year, those are going to be a factor for termination grounds. It's highly unlikely this case would go to trial before September 1st. So I think you all will be when we go to trial, it will be under the new law.
Okay. Um, judge, I do you did just trigger one question for me. Sure.
>> So, sometimes the legislative updates, the date of the filing of the case indicates which law we're under. But in this legislative update, it's the date of trial commencement that determines which law we're under.
>> For section 161, >> okay, >> it is not the date we filed. It is >> date of trial. Okay. Thank you, Judge.
>> Yeah. September 1. Everything's under the new law. If it hasn't gone to trial, it's going to be under the new law. I think if if a case gets denovoed, if there was a final order prior to September 1 and it's denovoed after September 1, I I think the interpretation is it will be under the new law.
>> So August 3rd to September may you may see a lot of motions and denovos.
We don't know what we're gonna see.
>> Is this a legislative effort to keep parental rights in place and and child support and keep things I mean we can talk offline.
I'll have to >> I think the answer is yes to all of that. Yes.
>> Okay. Thank you.
>> Okay then. Um, I will see everyone back on November 12th of 2025 for our initial permanency hearing.
That'll be on a 9:00 docket.
Hope will be way down the road maybe towards this ICPC.
Um, Miss Grath, does your is your client aware that these can take quite some time?
>> Well, yes, your honor, I have told him that on more than one occasion. Um, but I know that parents get very anxious nevertheless, and I know he is very anxious to get his boys um, you know, sent to him. And so, I'll just remind him again in court with Mr. Parales translating for me. Um, this is always a slow process and some states are slower than others. Um, I don't know how slow Florida is, but I've worked with some states drag their feet for six months. And so, um, you know, just patience, you know, hang in there, do your services because, you know, that's what you can do right now to move this forward. Um, and so use the time you have because when those boys are sent to your house, you are going to be very busy. So, um, hang in there and have patience.
>> All right.
Okay. I appreciate all of you reconvening today and special thanks to Miss Sim for jumping in and and sort of riding the ship. So, I really really appreciate all your efforts. I know it's, you know, it's never easy to walk into, you know, something and so I really appreciate it. Um, all right then. Um, we'll go ahead and I'll look for the order and I'll sign that when we get it and I'll see everybody back November 12th.
>> Keith, >> thank you, Judge.
>> Thank you. And thank you, Mr. Pales.
Thank you so much, Mr. Pales.
>> Yay.
>> Good morning, Miss Tracy.
>> Hi, Grace. How are you?
>> Good. And you?
>> Good.
>> Morning. How's everybody?
>> Good morning.
>> Good morning, judge.
>> Good morning.
>> Good morning, judge.
>> Let's see. Well, I don't Let me see if you're here for the dad today.
He may not even >> No, I'm here for the f I'm here for the father and he's trying to log in. I've sent him the link like four times. So hopefully he'll he'll be able to get in, right? No, I was talking to the interpreter. I was just identifying >> Oh, sorry.
>> No, it's okay. She was here. She's here to interpret for the father. So, we'll wait till we if we see him to enable the interpretation feature and do all that.
>> Okay.
>> Probably walk him through what to do.
>> I've got someone else logged in under your name. That may be him.
>> It might be It might It might be him and he doesn't know how to change the name.
>> All right. I can change the name, but Miss Nunes, if you can see if this is uh Mr. Amaya, that's if he can unmute and or turn on his video.
We are uh conducting this through Zoom under a finding of good cause and agreement of the parties. We are live streaming and Miss Taylor is making our record. All right. Miss Nunes is interpreting for us today on behalf of the father Sergio Maya who is present with his attorney Meredith Graph. Uh Amber Rich is present for the Department of Family and Protective Services.
Uh Tracy Riley is present on behalf of the mother Grace Kempion who is also present.
And Miss Grant uh is present on behalf of another uh alleged father, actually presumed father, my apologies.
Jesus Aino. I have not seen Mr. Aino this morning. Miss Grant, are you expecting your client?
>> Your honor, I have not gotten a reply from him. He is not in Amarillo. He's at a Corpus Christi address and I have not had contact. Okay.
>> And your honor, I apologize. Every time I try to do anything, I keep getting kicked out. So, I'm trying to get a better connection.
>> Okay. Just why don't you leave your video off and hopefully maybe that'll help.
>> Okay. Even when I did interpretation, it it disconnected me, so I'll try to be brief.
>> Okay. All right. And Miss Concaid is present on behalf of the children. Uh, and none of the children are present today. Casa is present. Uh, also on behalf of the children, Miss Alenus.
Okay. Um, then let's see. Is Miss Sim, are you going to give us the update today?
>> Yes, judge.
>> All right, Miss Sim, if you'll raise your right hand for me. You promised to tell us the truth today.
>> Yes.
>> Okay. All right. You can go ahead and tell us what's new in the case.
>> All right. Um, we will start with the kids. Um, Sergio is still in his same placement down in Houston. He's doing well there. He is safe and stable.
However, we've recently had to get him a one-on-one caregiver.
It helps him just have more direct care. He he's having issues with being overstimulated in placement and this can cause him to sing song very loudly all day. Um he needs to keep his hands busy. He needs to make sure that he's not playing with his feces and things like that which since doing the one-on-one caregiver we've had an amazing turnaround for him. So we will continue to do that. He does receive an individual education plan through the school. Um they are supposed to be moving him classrooms soon for that IEP, but they haven't yet. And again, that is for the lower stimulation setting with keeping his hands busy so he can focus and start learning. Um he was having issues sleeping for a while where he would just wake up ready to go for the day in the middle of the night. And he has been put on medications for that.
However, the medications are being monitored on a monthly basis and he's had no adverse reactions thus far.
Um, Gail is with his brother ADL in placement here in Amarillo. He's doing extremely well. He's identifying different objects, fruits, dinosaurs, fish, dogs. Um, and he's being caught up developmentally. He is going to start kind of a head start program for developmental learning and things like that, but he's not super far behind at all and he's doing really well.
Um, ADL is in that same placement with Gel. He is also growing and he's starting to walk and he's just a funny little kid. Um, but they're all three doing well in their placements. They all three see each other when they have visits with their mom and dads on Fridays. And um they are very young and those visits are virtual so there's not a ton of interaction but um we are trying our best to keep that relationship up with all three of them.
Um Jesus Aquino I think we got the paternity back on him and he was rolled out as the father.
Um, I think we just got those back last at the end of last week.
>> Okay. So, he showed up, he tested, and we've got them back.
>> Yes.
>> Great.
>> Okay.
>> Are you 100% sure of the results of those? Do you have those where you can look at them?
>> Let me look at them real quick.
Probability of paternity is 0%.
>> And that's between ADL and Jesus.
Okay.
He was publicly alleged of ADL.
So, Miss Grant, um, that being the case, then, um, I'm going to dismiss him from the suit and we will dismiss you from your representation.
You can submit us a final bill.
>> Okay.
>> You will go on your merry way.
>> Thank you, judge. And if Miss Sim could send me a copy of that test, I would mail it to my client for his records.
>> Yes, I will do so right now.
>> Okay. Thank you, your honor. Have a good day.
>> Okay. Appreciate it. Thank you.
>> Um I will continue to look for another Jesus Aquino. I just don't have any information on who he is. And we we I think obviously we got the wrong one. So, I mean, I've been looking on Facebook. I just I don't have a date of birth or phone number or an address or anything. And I think Grace has been trying to help me on that, but she also doesn't have much on him.
Um, as far as Sergio, the father, >> is it is it mom's position that Mr. Amaya is absolutely or could not be the father?
>> I'm not sure. Um, Mr. Jeremiah is not the father. Um, and that is very well known because we weren't together.
>> All right.
So, at a minimum, we still are going to have an unknown father in the case.
>> Also, judge, um, I've been, um, I've been also been looking with other family members of his, but, nobody tells me anything.
>> Okay. All you can do is keep trying.
>> Okay, judge.
>> I mean, if we could get any specific information on him, a birth date, anything like that, that would help us.
But, um, but you're confident that was his name?
>> Yes, it was.
>> Okay.
Miss Katie, will you reach out to Miss Grant and tell her maybe that was premature that she may not be dismissed yet?
>> Yes, ma'am.
>> It that it's not the one fell, but we've still got that mom still thinks that's his name and that it's just a different person.
So, um just let her know that >> because the address where he was living at in Dallas, he's not there no more.
We've gone to look for him there and he's not there no more.
>> Okay. So, Miss K, if you'll just take care of that and let her know that we're we're going to leave her in the case right now still for a Jesus Perez Aino, but but uh different obviously it'll be a different person we're looking for.
Okay. Um All right. So, Miss Sam, go ahead and resume with your information. I'm sorry.
>> Yes, ma'am. Um, Sergio, the father, he's currently in Florida. He has been really great at communication and letting me know um when he needs something. I did try to get him off his services out of Texas to make it maybe a little easier, but some providers won't operate outside of the state, and that's where we've had some issues. But talking to his attorney and Grace, it looks like he's going to be trying to move to Texas um sooner rather than later. And once he gets here, he is ready to hit the ground running. He has started parenting classes um virtually Spanish and those were approved by us and he he attends every single visit and he does really well in those visits. Um it's just getting him here and getting those providers um for him because it's my understanding that he wants the kids with him.
>> Okay. Did you get all that Taylor? You were breaking up.
>> Oh, I'm sorry.
>> Why don't you say that again just to make sure we got it all?
>> Okay. He is living in Florida. He has tried to get with the providers from Texas that I put on his family plan, but most of those providers will not operate outside of state. And so he's had some trouble getting providers in Florida that can help him accomplish his family plan. So he does plan on moving to Texas and is ready to hit the ground running on his services.
Get it, Miss Taylor?
>> Okay. You're break. It's breaking up.
It's kind of staticky almost.
>> I'm sorry.
>> All right. Anything else, Miss Sim?
>> And then Grace.
Grace has been doing extremely well. um she is in consistent contact with me.
She's always asking me um how to accomplish things when sometimes she can't get a hold of someone or she's having issues with providers and we've been able to set her up in therapy with a virtual provider named Naomi and she's been participating in that. She also started her parenting classes um virtually and approved by us. She has attended every visit and she does really well in those visits. She has had a few in-person visits at the beginning of the case and we did another one last month for one of the kids' birthdays and we will be doing another one on the 18th of this month for another birthday. Um she has initiated her rational behavior therapy and overall she's just doing really well. She's still employed. She did move houses, but that house is stable and appropriate. And at this time, I think we're in a we're going in a really good direction.
>> The goal is still reunification.
>> Yes.
Okay.
>> All right. M Riley, >> I don't have anything, Judge. I think everything's been said at all. I think Grace is doing really a a great job.
>> All right. And um Miss Graph, >> so your honor, I was able to talk to my client this last week and um I think he and Miss Amaya are doing the parenting classes together online. Um they're in Spanish and I just heard those were approved, which I thought was the case, but now I know for sure. Um, my client did tell me he's going to be moving to Texas um right after Thanksgiving. So, it'll be sometime um around the first week in December. Um if any there's any kind of a glitch, it might be a little bit later, but um not later than the middle of December. So, we're really on a fast track to get him here. Um he told me he's going to be moving um to Boina and will um reside with Ms. Amaya. um temporarily until he gets a job here and also gets a place of his own. Um but they intend to live close together so that they can co-parent. And they've already been talking about a co-parenting plan of like three days, three days and then alternating um weekend weekend, you know, weekend day.
and um it sounds like they're just doing great in their communication with each other and um the possibility of co-parenting going forward even after this case is over is um very very positive. So um I think that they um I think Mr. Maya needs to do a drug test for his um services. And so, um I would just like to ask Miss Sim to let me know where they need to go so I can communicate that and and I told him if he if he needs a ride or anything like that, I'll make sure that that happens so that we can get that service. I'm sure there's not going to be any issue because he doesn't use drugs or alcohol.
Um but I know that we just need to roll it out. So, um, I want to help facilitate getting these services done for him so he can get that all caught up and finished as soon as possible. And he he is interested in placement of Adel as well as Gel and Sergio um once he's got a place of his own and he's employed. So, um those are the goals that he has and I think that um we're again like everybody said, we're moving in a wonderful direction here. Um and we just need to figure out the logistics as we get closer to the end.
So, um I'm I'm really happy about this development.
>> Okay. And so is so am I. Um Mr. Jeremiah, that will make things so much easier u and make this transition just smoother. Um I congratulate you and uh the mother on your cooperation and especially moving forward. So um it it sounds like a very good plan. and we just need to finish up the things that we think will be helpful to you. Uh, and then, you know, get the kids home and figure out how that's going to look between the two of you. But, but it sounds like you've already started working on that, which is really great.
Okay, Miss Grant, welcome back. My apologies. Found out a little bit more after you exited.
Um, we just have the wrong Jesus Perez Aino.
Mom is confident that that's his name.
Last known area of residence was in the Dallas area, but he she doesn't think he's there anymore.
>> Okay.
>> She tried to communicate with family.
They're not really telling her much, but we'll keep, you know, she says she'll keep trying and and see if we can't get anything that's helpful.
>> Okay. and I'll just stand by to see if my client changes.
>> Yeah, you I think you were just looking for a different client for you. So, >> thank you.
>> My apologies.
>> Um okay, then uh Miss Concincaid.
>> Thank you, your honor.
So, the kids are the uh placement down in Houston continues for Sergio. Um, I just want to make sure that we continue to monitor that psychotropic medication, but hopefully that's helping him. Uh, with the younger two, there are a couple of issues that, uh, just want to bring to the court's attention. Um, Guile's kind of doing a similar thing to Sergio where he when he gets over stimulated, he kind of does the screaming, um, and the scream singing, I guess, uh, is how they describe it. Um, so they're working with him on that. Um, he does like to chew on things. Um, and he really seeks a lot of uh, I guess sensory or stimulation. Uh, he likes uh, tight hugs. It kind of he he is young, but it I think that he could benefit from maybe some kind of autism screening. um just to see if you know there are services or there support that we could offer him um to you know help him deal with the the sensory and the processing things that maybe he's trying to you know resolve himself right now. Um, so far as uh Guile had dental surgery about a month and a half ago, um, it was a pretty significant one, but it seems like he's doing well. Um, Aiel is still attending physical therapy for his uh, neck and that is improving. They say that whenever he gets tired though, it kind of starts to pull to the side again. Um, but it is improving.
Um, one of the concerns so far as placement is, um, they just want to make sure this is their first, uh, their first placement and, you know, they get a little bit confused on scheduling. So, they just want to make sure that whatever the schedule is for visits, it's as consistent as we can get it. Um, I understand things change, holidays come up. Um, but for them, they would really appreciate, uh, especially since they're fixing to put the boys in a Head Start program just to continue to help them with their education and progress to know that that's every week. Um, if it is going to be on Fridays every week, then, you know, they'll have it set and they'll know. Um, but that's that's basically the update for the kiddos.
Judge, >> okay, Gle is very young. He's just two and I most of the time I don't think they'll do any kind of screening for autism till they're a little bit older. But Miss Sim has his primary care physician, you know, started looking at that?
There's no notes that they have, but I can always ask um for him to be taken to his primary care physician to look at that and if they can refer him to a specialist, then they could go that direction. But I don't think I've seen notes about it.
>> Knowing that it's genetically in in the family, I feel strongly that we should do that.
>> Okay.
I think you know placement can describe to the primary care doctor you know some of these things that he's doing and make him or her aware that you know he's got an older sibling that has had very similar behaviors and and that's kind of where it started and u so you know I'm just wondering if referral the, you know, ECI or anything like that might be of some help. Um, I know that a lot of the >> the agencies that deal with autism and are helpful with that. I'm I'm just not sure that they will start with children till they're a little bit older.
>> Right. and he has had both ADL and um Gail have had ECI come out to the house and they were not majorly developmentally behind to where ECI had to completely intervene. Um so I can get the him to his PCP and see what we can do about getting a specialist.
>> Okay, >> your honor. Um >> yes >> with um Sergio he didn't get tested for autism until he was like four close to four and G will be three on the 18th.
Yeah, it's it's hard it's hard to get them to really try to do any kind of serious assessment, but I think a primary care physician often can start spotting some red flags and particularly with a sibling that that we know has this. I think they'll pay a little closer attention and and maybe we could get started with some some behavioral interventions so that things don't, you know, spiral out of control.
>> And your honor, Guile is getting um speech therapy through ECI um right now and uh placement said that that is benefiting him and they hope to continue it even after now once he turns three. I don't know, you know, what we'll need to do so far as that. And I agree, your honor, I'm not sure what they can do for autism screening at his age, but I just want the court to be aware that this is what we're noticing and uh just want to help the kids any way we can.
>> Yeah, let's start with the primary care physician and see where we can go from there.
Okay.
Um also about the visits then yeah miss sim I mean to the extent that we can try to really set day and time and and stick to that the best that we can that we want to help placement out as much as we can.
I understand holidays and you know life happens. So um let's see if we can't help them out by trying to make it pretty consistent.
>> Okay. I will try. I know that, you know, Grace doesn't get her work schedule until normally the end of the week for the next week. Um, but I will send out a message in reminder to try and stress that importance.
>> Yeah. And and and placement, you know, if they aren't aware of that, let's just make them aware of that. That that, you know, that is partly what we're working around.
>> Okay.
>> So, okay. It's more important mom have a job and and all that. So, Okay. You're all right. All right.
>> I try to get every Friday off as much as I can, but sometimes it's impossible. Um the lady that does the um the visits can tell you I try to get every Friday off.
Okay. Just you that's all you can do, Miss Cavunus. Just continue to, you know, try to do that. So, okay. I appreciate it.
All right. Then uh Casa, >> I had the same concerns as Miss Concaid and we got it cleared. I was just concerned about the visits also. So hopefully we can all work together to help placement also with that or how you said um Grace can do as much as she can, but we can all communicate and help out.
Thank you. And no concerns on placement.
Everything's okay with I saw them last week and they're doing really good there.
And one last thing, judge, I just remembered this. Um, I believe Placement is going to put in a travel pass for the holidays, I think, to go to Oklahoma City. Um, earlier this fall, they took him to, uh, I believe Albuquerque and they went to the zoo and things like that. So, I just want everyone to be aware they're probably going to be requesting that.
>> Okay. We just need to look at that enough in advance to try to work around and parents visits and make sure all that's gonna be okay.
>> Yes, your honor.
>> Espec Especially, your honor, since uh my my client will be here for Christmas.
He'll be here before Christmas and I know that he'll want to spend some time.
So, I hope that that that travel doesn't take up the whole Christmas period.
I believe it's on November 26th to through the 29th. The agreement was already set.
>> Good. Great.
>> And she has a schedule. I don't know if everybody got in their email. She sent it to me. She send um the dates and where she's they're planning to do each day.
>> No, but that wasn't included in that.
>> She just sent it this morning, but if you need me, I can send it to everybody.
>> That would be awesome. Thank you so much.
Okay. So, we we've got plenty of time to work around about what we're going to do for Christmas.
Okay.
>> Okay. Then, um, anybody have anything further or questions?
>> I have a question, your honor. Um, will we be able to see our kids on the 24th at least for a little bit?
I think they're talking about the Thanksgiving plan.
>> No, no, no. On Christmas.
>> Sorry. Christmas.
>> So, you know, I have no idea what placement's plans are and you know, because of of I I guess let me ask Miss Sim, is Placement the only one supervising those virtual visits or is there anybody else involved?
>> It's a third party provider who supervises those visits. Yeah. So, we have to work around that person's work schedule and the 24th, you know, that is becomes sort of a holiday for a lot of people. We'll do, you know, what I tell parents is we will try to get a visit in as close to Christmas as we possibly can.
>> And um you know, but I can't I can't promise you that it'd be that day cuz I don't control their schedule.
>> Okay, it's fine. It's just either closer or on the day. That's what we meant.
>> Yeah. I I can tell you it probably won't be Christmas day, you know.
>> So, but we will get you some time to spend and sort of have Christmas.
>> Okay. Um, anybody else have any other questions?
All right. Then today we will continue the department uh as temporary managing conservator of the children and we will continue their current placement. Um I'm going to find that there will be a continuing danger to return the children home at this time but parents are I think in compliance.
I know that the long distance makes it difficult with services. So uh Mr. Raaya's move I think will really help and um we can get maybe a little more dialed in on getting these services finished. But it appears we're working in the right direction.
So um I will see you all back for our next hearing and that won't be until March 11th of 2026.
That'll be a nine o'clock docket.
I hope that we are very well on the way with reunification at that point in time.
I want parents to be kept, you know, very much in the loop about the children's therapies to the extent that they can be.
They need to start really learning about what you know what techniques and and what methods that placement is using with the children you know when when one of you know like if if guile begins to escalate you know and you know how do they handle that? So, you know, they need to start learning those those skills.
Okay. Um, I hope all of you have very nice holidays and hope Mr. Amaya's move goes well.
Uh, and I'll see you back in March.
Looks like we have everyone except Miss Grant's client.
>> Rachel, is this one >> is this one a keynote?
>> I thought >> I thought he was ruled out as the father.
>> He was >> based on a DNA test. Okay.
>> Yes, he's been ruled out, but I wasn't dismissed, so I went ahead and got on.
Okay.
Yeah. I don't I don't know if he's been formally dismissed yet.
>> I didn't see anything where he had Rachel, so that's why I went ahead and came.
>> Okay.
Okay. And we've got the interpreter and Mr. Amaya.
Know if he's by his device.
I have announcements, please.
>> Amber Rich, regional attorney for the Texas Department of Family and Protective Services, present and ready with Garrett Ninmire, permanency specialist from St. Francis Ministries, and Jennifer Campos, uh, covering supervisor for St. Francis Ministries, also present and ready, your honor.
>> Thank you. Tracy Riley and I'm appearing for the mother Grace Amaya and we are both present ready your honor.
>> Thank you.
>> Sorry. Go ahead.
>> Haiti Herrera with CASA and I have volunteer Denise Marell present and ready your honor.
>> Thank you.
>> Meredith Graph appearing for Sergio Amaya and he is here and we are both ready um to proceed.
>> Thank you >> Stacy Grant. on behalf of Jesus Aino.
And as previously announced, he has been ruled out as the father through DNA testing, your honor.
>> Okay, we we'll we'll kick you out here in just a second.
>> Thank you, judge.
>> You're welcome. And do I have an adm?
>> Yes, your honor. Savannah King for the children in prison. Ready?
>> Thank you. Okay, so uh Miss Rich, if you'd like to proceed and and if we could uh dispense with Miss Grant uh right off the bat, please.
Your honor, uh we do have a proposed order uh to submit a bit of housekeeping on this because we did exclude uh a Jesus Perez Aino that was living in Corpus Christi, but also uh pled in an unknown father. So I believe uh Judge Baker had kept the adlidum on for an an unknown. Okay, but you've you've eliminated the um gentleman from Corpus.
>> Yes, Judge.
>> All right. So, Miss Grant, you can't leave.
>> That's okay, Judge. I always love to see you. Me, too. Thanks. Um, so, Miss Rich, proceed, please.
>> Uh, Garrett will give that report for us.
>> Thank you.
>> All righty. Um well, so I don't know how much information is known on this, but um recently Sergio got back to Texas.
He's in Texas currently. He's working a job. He sent me pay subs for that. He's working a lot. He I recently um sent in 2054s and so we're getting him some services set up here in Texas as opposed to Florida where he was previously.
he still needs to go and um go and do drug testing every month as well as start counseling.
As far as Grace goes, she needs to do rational behavior training. She needs to continue her counseling and she also needs to continue to work on housing stability.
Okay. How about some positive things?
You want to >> Yeah.
>> make them sound good?
>> Yes. I apologize. Um they did um start doing Inerson visits last week. I'm going to continue to get those set up for them. They both made it. It was a pretty good visit. They both interacted really well with the kids. Um we did recently um do a screening for Gail on autism and he got diagnosed as level two.
>> Okay.
>> All right. Does anybody have any questions?
>> I do.
I do as Yes, we all do.
>> Okay. Well, how about we just start Miss Riley, you go ahead.
>> Sure. Um, so it seems like from what I I've read, and correct me if I'm wrong, but there was a change in goals.
>> Yes. I apologize. There was >> Can you tell us what that what the change was? Yes, we changed from um reunification being the primary goal and the concurrent goal being related adoption to unrelated adoption concurrent with reunification as the secondary goal.
>> Okay. And is there a reason for that switch?
>> Yes. Um, I think there was some concerns at the time that we were not making any headway as far as housing stability and as far as getting services done was going.
>> Okay. So, let's talk about that. As far as Grace is concerned, what services was she ordered to do?
>> Yes. Um, she was ordered to do psychosocial.
She was ordered to do rational behavior training. She was ordered to do parenting. She was ordered to do counseling.
>> Okay. And so she did this psychosocial, right?
>> Yes.
>> And she is in counseling, correct?
>> She has attended some counseling.
>> Okay. Um and she um did the parenting class, right?
>> Yes, ma'am.
>> Okay. Um and rational behavior therapy, where are we at with that?
>> So, um rather recently, we did get her set up with it. Initially, the one that she registered for was not the correct class. Um, she is registered for the correct class. I think it's April is the next time she can get in and do it.
>> Okay. And so, I don't want to put words in your mouth, but it seems like the RBT part of this wasn't really on her that she wasn't doing it. There was some miscommunications with the old, not you, but with the old case worker that kind of set her up with the wrong class. Is that right? I am not aware exactly of what went down on that front.
>> Okay. But it wasn't I mean she was trying to enroll in something. It's just she didn't >> As of right now in the past few weeks she's been trying that I know of.
>> Okay. But and I'm just trying to make sure I'm clear. But you said that the first thing she signed up for was wrong, right? When did she sign up for that first thing that was wrong?
>> Yes. Um I'm under an impression that was back last November.
Right. So, so, so what I'm saying is she tried as as far as last November. It just for some reason something happened and she wasn't given the right information to enroll in RBT. Correct.
>> I would assume so.
>> Okay. Um, and so I'm a little bit And so with housing, what is what's the issue with the housing?
>> Um, so she's been in a couple different places in the time that I have had this case. I know initially um she was having issues with her apartment, so she was staying in a motel for a little bit. Now she's in a one-bedroom that she kind of just got in think about a month and a half ago. Um and so I think the big concern is just her keeping the same, you know, same housing, same apartment, not having any issues with that long term, >> right? and and obviously agreed that's a concern, but but what I can tell is housing and then she needs to complete counseling and then the RBT that was kind of not really all on her are the only things she hasn't done. Is that right?
>> Yes. And we would like to see some pay steps at some point um verifying she's working.
>> Okay. But so and and you believe that that warrants changing the goal to adoption by a non-kinship adoption.
>> I stepped it with my director Stacy and per her it warranted the change.
>> Okay. Pass the witness.
>> Um let's see. Miss Miss Graph.
>> Thank you your honor. Um Mr. Nina Meyer, can you please um help explain why um you indicated that my client needs to do drug testing every month when drugs have never been an issue for him? There's never been an allegation. My client has put on the record in several of the previous hearings that he is he does not use drugs. He's never used drugs. He does not even drink alcohol. So, what is the basis for requiring him to now do drug testing? Yes, I do apologize. It It's initially on his service plan. Um per my supervisor. It has to remain on there until I get permission to take it off as a requirement.
>> Have you found out?
>> How How about that? We'll take it off.
>> It is ordered off.
Dear >> honor, can I speak to my lawyer cuz something that he said is not like concurrent. Can I please speak to my lawyer?
>> Um, >> Grace, we're in the middle of a hearing right now.
>> Yeah, you have to wait. Wait just a little bit and listen to the rest. Write down your write down what you want to talk about and we'll get back to and you can talk to her. Okay.
>> Thank you.
>> Mr. Nana Meyer, have you been down to visit Mr. Amaya and his um house in Friana?
>> I have not yet, >> honor. I have been down to visit Mr. um Amaya in his house in Fiona and I have a plan to go down there again on Monday to see him again. Um it is a very clean neat house. He lives >> I'm going to object to the attorney testifying. I don't believe that's appropriate. Judge, >> I mean I'm sorry.
>> I just am very frustrated. I'm very frustrated, your honor, because I let Mr. Nina Meyer know a month ago that I went down to visit him and he said he was going to go down and visit him and he has not yet done so. Uh, my client has been in Texas since the beginning of February and no one has been down to visit him yet.
>> Thank you.
>> I have no further questions. No, >> thank you.
>> Hold on. Let me I hate it when I'm Miss King K, your turn.
>> Thank you, honor. Yes. Where is Where is Sergio placed?
Sergio Jr., sorry.
Or is he in a is he in a foster home in the Houston area?
>> I'm ap I apologize. Can you say that one more time?
>> Where is S Sergio Jr. placed?
>> Yes, he is in a foster home with um in uh in Houston.
>> Okay. And is he um how is he doing in that placement?
>> He's been doing better uh for placement.
He's been starting to talk a little bit.
They're in the process of working on potty training. He is currently in prek.
>> Okay. And what services is he receiving so far as therapies?
>> Yeah. Um he's doing he his main one's speech therapy right now and play therapy.
>> Okay. And uh is he on some psychotropic medications?
>> Um I do apologize. Let me double check just to be sure.
Not >> is he on clonedine?
>> Yes.
>> And recently a new medication called folkalin?
>> Yes.
>> Okay. And is he on any other medications?
No, ma'am.
>> Okay.
>> And uh are those medications being monitored by a psychiatrist every 30 days?
>> Yes.
>> Okay. Um now at school he he is uh he's attending school. Is that correct?
>> Yes.
>> Um and he has been put in special education. Is that correct?
>> Yes.
>> And he's getting speech and occupational therapy at school. Is that correct?
>> Yes.
Okay. Um, now with visits with Sergio, so far as the parents are concerned, it has to be via Zoom because he's so far away. Is that right?
>> Yes.
>> Um, but he are are the visits consistent inconsistent. What are those like?
>> It's it's been a bit of a mix on the virtual. Um, last week, you know, Grace made her visit, Sergio didn't. I know before I took this case, it was kind of the same way where it's like sometimes we'd make the virtual with Sergio, sometimes we wouldn't.
>> Okay. Do you think it would be helpful for Sergio if those visits were um consistently attended um and probably on a regular schedule just for Sergio's sake?
>> Yes, ma'am.
>> Okay. Thank you. Now, concerning Adel and Guy, where are they placed?
>> Yes, they are placed in a foster home in Amarillo.
Okay. And how are they doing in their placement?
>> They've been doing pretty well. They look healthy.
Um G has of course a new diagnosis of the autism, but they've been doing good in placement and I've heard no complaints as far as their preschool has been going.
>> Okay. Now, Guile's he's got both Audiel and Guile have some some medical issues.
Um, so far as Gile, um, I hear that they're looking at doing a tonslectomy on him. Is that correct?
>> Yes, ma'am.
>> Okay. And, uh, they believe that that's going to help him with some of the issues that he has with swallowing as well as sleep and speech.
>> Correct.
>> Okay. And what kind of what kind of therapies is he in currently?
I do apologize. I don't know off the top of my head on him.
>> Okay. Is he in speech, play therapy, feeding, and occupational therapy?
>> I Yes. So, sounds correct.
>> Okay. And >> how about um visits with with the parents so far as Gile and Audiel are concerned? Are are those in person? Are they virtual? How is that?
>> So, um they were virtual.
Uh we did more recently start in person.
We're going to try to get those set up regularly through them through one of our FSWs.
Um the iner the first inerson one we did set up. They did both attend and were both on time.
That went well. Um virtual ones I know have been a little harder um just because Gail and Adiel tend to have a little trouble focusing on the computer screen. I know there was an incident of Gail putting a like a layer of blocks in front of the computer screen because he just didn't want to look at it.
>> Okay. And are those are those virtual visits are they consistently attended by the parents or have there been some misses >> there? I know there have been some misses in the past. Um but as far as the last month or so goes, it's been pretty consistent with >> Okay.
>> the making. And then going back to Aiel just briefly um is is he also seeing um a doctor for some of the issues that he's having?
>> Correct.
>> Okay. And he is uh current currently being consulted by an ENT on um potentially getting some tubes in his ears.
>> Yes.
>> Um and he did graduate from physical therapy. Is that correct?
>> Yes.
>> Okay. Um, are there any other uh are either of these kids on psychotropic medications?
>> No.
>> Okay. Um, are they on any other kind of prescription medications that the court should be aware of?
>> As of right now, no.
>> Okay. Uh, I'll pass the witness, your honor.
>> Uh, Miss Rich, anything else of this witness?
>> Judge, could I ask one question?
>> Sure.
>> Mr. Neita Meyer, is there has there been any effort since May of 2025 to move Sergio closer to Amarillo with his siblings?
>> Um, as far as I've had the case, there has not been.
>> Does he see his siblings >> on the virtual um in person? He has not.
And since May of 2025 when the case began, um I know he had medical services in May and June, but there's been no update of any doctor's appointments or anything in the case report that I see since that time. Do you know if anything has occurred that's just not documented in the report?
>> I am in the process of looking into that. Um, I'm waiting on some documentation from his placement so that I can get dates and update.
>> And um, one last question.
He's not had any therapy since this case began in May of 2025 according to the report. Is that correct?
>> I am under impression he has been having therapy.
So, there's a lot of updating needed to the report regarding Sergio since and we've had this case almost 12 months, correct?
>> Yes, ma'am.
>> Pass the witness, judge.
>> And judge, if you don't mind, I just have a a few quick follow-ups.
>> Sure.
>> Um, uh, Mr. Nemire, was there an issue that took place at a visit with Sergio and the children where he had an unauthorized person at the visit?
>> Yes, ma'am. That is that is correct.
>> Okay. And and so um was did that happen one time or more than one time?
>> Um one time that I was told about it that he that he brought the person on virtually that I'm aware of.
>> Okay. And so he actually brought the person on and was allowing them to speak to the children. Is that correct?
>> Correct.
>> Okay. And that person is actually related to my client, Miss Amaya.
Correct.
>> Yes.
>> And is someone that she does not want her children to be in contact with. Is that correct? Yes, sir.
>> Okay. Um All right. Uh and and so is Mr. Amaya living with uh Grace's sister or are they just Do you know the relationship there?
>> I am not in 100% sure what the relationship there is. I know.
>> Objection. I call that would call for speculation.
>> Well, I'll re I'll rephrase judge and so that it doesn't >> Thank you.
>> Have you asked Mr. Jeremiah what his relationship is with the sister.
>> Yes.
>> And what has he told you?
>> Judge objection. That would any response would be hearsay.
>> Well, he's a party judge.
>> Mr. Amaya is on here and can refute it.
Go ahead. You can ask.
>> Yes. Um for my conversation with him, um the relation to Miss Grace um is just helping Sergio out with getting Grace is my Grace is my client. So who are you talking about?
>> Yes. The relation to her that is that was the president his visit.
>> Okay. So Grace's sister according to Mr. Maya they're just friends.
>> Yes.
>> And he she's helping him.
>> Yes. Or my conversation with him.
>> Okay. Um has my client missed any visits?
>> Not in the time I've had this case.
Okay. Um, and she said in-person visits only with the two kids that are closer.
Is that right?
>> Yes, I am in the process of setting her up an in-person visit for Sergio Junior.
>> Okay. And and hasn't that been set up and then fallen through a couple of times now already?
>> Yes. Correct.
>> All right. And and when I say fallen through, it's not Grace that had an issue, it's the department that had an issue and had to cancel on her. Is that right?
Yes.
>> All right. So, she's she's been waiting to go see Sergio in person and for some reason the department has canceled her appointments or had to reschedule them.
Correct.
>> Yeah. I'm not aware exactly what the reasoning was behind it, but Yes.
>> Okay. Because Okay. So, it could have been the foster family. You're just not sure.
>> Yeah.
>> All right. But Grace has indicated to you that she wants to see Sergio, correct?
>> Correct. Yes, ma'am. All right. Um and then um pass the witness. Thank you.
>> Does anyone else have any questions of Mr. Nethermire?
>> Judge, I have one more. My apologies.
>> Yes. Go ahead.
>> Mr. Meer, based on the questions you've been asked today and the testimony you've provided specifically in regard to Sergio, is are you still asking for a finding today from the judge that the department is making reasonable efforts to reunify?
>> Yes.
>> And so what efforts are you making to reunify Sergio?
>> We are I'm sorry. Efforts for Sergio Jr.
reference for Sergio senior >> Sergio Junior to be reunified with any biological parent.
>> Um yes so we have been still again we've been keeping up with the virtual visits we have been in discussions with Sergio senior about what would be needed for Sergio Jr. to come home to him >> as far as some of the higher needs >> and over 12 months period. That's that's the sum total efforts as to Sergio Jr.
to reunify >> as far as I'm aware of that is what we've been doing.
>> So your honor, I would based on in light of the testimony today, I would be asking for a finding today that St. Francis is not making reasonable efforts to reunify Sergio Jr. and that they be ordered to immediately um engage in looking for a home closer to siblings, in-person sibling visits, uh allowing the mother to begin in-person visitation.
And I know it's not really my dog in the fight, so to speak, your honor, but um it it it does concern me, especially with an unknown father, that if the efforts are not being made for Sergio Jr. as to a located father, that there may be an unknown father that is needing the same effort put forth that's not being received.
>> And judge, for what it's worth, Miss Grant just kind of beat me to the punch there because I think it was apparent that I'm headed in that same direction.
Um we we believe that there's not reasonable efforts being made that the change in in uh in goals seems to be you know completely inappropriate in line of the fact that you know and and I'm I don't want to speak to but Mr. Maya, it took him had to move to Texas, but was doing services in Florida, I believe, before. Um, Miss Amaya has, my client has been doing virtually everything that she's been asked to do except RBT, which was not her fault to get rescheduled.
And then housing, which she is struggling with housing, Judge, because it she is having difficulties finding a full-time job and that can support her and the kids, etc., and she does need help with that. Um, but at this point in time, Judge, you know, she's been doing everything possible to see her kids, showing up to all of her visits, doing all of the things that are have been asked to. And I I it seems inappropriate that the answers to even she doesn't even know what's happening with her child. She doesn't know if he's in therapy. She doesn't know what medical treatment he's getting. you know, I mean, she knows the recent, you know, diagnosis of one of the younger kids, but she I mean, I think we learned more from Miss Concaid's testimony than we have from from the updated reports.
>> Thank you, Judge.
>> I'm sorry, my >> my screen was frozen for a moment. Um, if >> probably needs to be >> the the the wind is not my friend today with the internet or something. Um, if I I would like to make a motion that we uh have a settlement conference on this before final. Uh, but also if I could uh pose a few questions to Mr. Ninmire about the level of services for Sergio Jr. due to his condition.
>> Yes, you may.
Uh Garrett, can you tell us a little bit about Sergio Junior's um autism and the level of care that is needed for him?
>> Yes. So, he's he's on one of our higher level of cares. He's had some issues in the past with aloping. He does have a lot of little outbursts. Um >> Objection, your honor. May I take the witness on board dire? Yes, >> Mr. Neita Meyer, did you um testify just a few minutes ago that um your report is not up to date because you are awaiting information from placement regarding medical issues with Sergio Jr.?
>> I am waiting on more recent medical documentation from him.
>> So to be clear, what is the date of the documentation that your testimony is based on right now?
Uh my judge objection. This has been a condition since the beginning of the case. In fact, why the child was brought into care. Uh >> your honor, I'm just trying I'm just trying to establish hearsay and whether or not Mr. Nemier has personal knowledge or if Miss Rich would need to call placement who's here in the hearing today as a witness. So, it's not hearsay.
>> That's fine. you can go ahead and answer the question as to the date of your most recent information.
>> So on the medical side, I am going based off of the uh documentation from May.
I'm also going off of my conversations with placement on >> So you have you haven't had anything since May of 25.
>> That's my understanding, your honor, which is my reason for the board dire.
Okay, you can continue.
>> Okay. So, Mr. Nemire, you don't have any personal knowledge other than the original medical information in the original service plan from the intake of this case. Is that correct?
>> I also have my knowledge from talking with placement.
>> Okay. And placement is not intervened in this case and they are not pled in as a party. Is that correct?
>> Yes, ma'am.
So, um, your honor, I would go ahead and enter an objection as to hearsay and ask that this witness not be allowed to answer any questions outside of his personal knowledge of the original medical information from May of 2025, 12 almost 12 months ago, 10 months ago.
>> So, is the placement on here?
>> Yes, judge.
>> Okay. Well, I would rather hear from the placement anyway. So that that's your request is granted.
>> Thank you, Judge.
>> So, Miss Rich, do you have any other questions of Mr. Anita?
>> Um, just a few, your honor. Uh, could we go back to the topic about uh mother's housing, Garrett, just to clarify?
She her current housing is what?
>> You're on mute. Sorry.
>> My apologies. She's currently in a one-bedroom apartment at the moment.
>> And prior to that, >> Go ahead.
>> Prior to that, she was in a motel.
And you are awaiting uh proof of employment or payubs for her?
>> Yes, ma'am.
>> Okay.
>> You've seen uh father's payubs and you've receive those. Is that correct?
>> Yes, sir.
>> That's all I have right now, your honor.
Okay, >> your honor, I do have one more question for Mr. Nina Meyer.
>> Okay, >> Mr. Nina, are you aware that Mr. Maya has obtained furniture beds for the children and he's been asking for um in-person visits with his children? Is that true?
>> Yes, I have been informed of this. I have not seen um his furniture or anything like that yet, but I have been informed of this.
>> And are you will you tell the court um whether it's true that he's been asking for in-person visits with his children since he arrived here?
>> Yes, ma'am. He has.
>> And what have you done to um make make the those in-person visits possible? I personally watched one of them. Um, as we did not have an FSW at the time, I set up one for him.
>> Set up one what? A virtual visit or an in-person visit?
>> An inerson visit, ma'am.
>> What about Sergio Jr.? Have you tried to set up any in-person visits with um him and his father?
>> I have not yet, ma'am.
>> And what is the reason for that?
Um, it is currently beyond my knowledge on how to set up for Houston and so I am waiting on instruction from my supervisor on how to facilitate that.
And you you would um want the court to find that that's a reasonable effort today to just be you've been asked for over a month um for in-person visits and you have not gotten any information but you want the court to now find reasonable efforts on your part for the parents to have this in-person visits with their children.
>> Correct.
>> Thank you your honor. I have no further questions.
Thank you. Anybody else have any questions of Mr. Neita Meyer?
>> I apologize. I thought of one more.
>> Go ahead, Miss Grant. Mr. Nina Meyer, how when did you uh get appointed this case?
>> Yes. Um have to go back on the exact date, but it was like mid January.
>> Okay. So, you're fairly new on the case, correct?
>> Yes, ma'am.
>> Um are you fairly new to St. Francis?
>> Yes, I am.
>> Okay. So would it in in fairness to you um it it sounds like maybe you're lacking any documentation to adequately review the record and provide some of the answers here today. Is that correct?
>> Yes, ma'am.
>> And um it's fair to say that would it be fair to say that the documentation of this case is extremely lacking prior to you?
>> Yes, ma'am.
>> Pass the witness judge.
Thank you.
Uh, many other witnesses, Miss Rich.
I think she froze. She's frozen on us.
>> I think so, too.
>> Oh, there she goes. She's moving.
>> I'm not sure, your honor, that she heard you call her. Um, I think she was frozen when you called her.
Um, so Rachel, I guess she can call in and just appear by phone if she's having so much trouble with the wind.
>> Okay, judge. I'll see if I can get a hold of her.
>> Okay, thanks.
>> Judge, it looks like she's not frozen anymore.
>> Okay. You sure?
You froze again.
>> Zoom and the internet have been very difficult today.
>> That's the the plot plot of West Texas.
That would really be complicated.
Um, however, as I look at the updates for Sergio Jr., I see I see a medication update, uh, January 26.
Um, just wanted to make sure council had received this through the e file and it was available to them.
>> Are you talking about the February permanency report? Uh, Miss Rich, you had froze.
>> Yes. Yes, there are updates for Sergio Jr. medication updates listed for January 26, just for example.
>> Yeah, I hesitated to rely heavily on that report because it's titled a permanency report, but the footer is titled a status report. So, I assumed cut copy and paste error. I I don't mean I'm not nitpicking, but I just wanted to be certain.
It also appears from that report that the information on um Sergio is all dated back to 2025. There's there's nothing new. And I'm looking at page seven um with the incorrect footer. I did indicate to Mr. Ninaire that there were numerous errors in this report, but I didn't see um a corrected report that was filed.
>> Okay. Under on page 8, section 4, medication, for example, uh medication reviews listed for January 26, February 26.
Um, >> and your honor, at this point I would just object to argumentative and request that if we're going to go into updates, he's already testified at hearsay number one. He's testified by his own mouth that the documentation is lacking. And I think there's a better witness in the room to supply the information to the court being the pl the placement.
>> Right.
I tell you what I'm going to suggest and I y'all can tell me if I'm right on this or not, but I think you have a new case worker and uh obviously um I'm I'm not a fan of this whole wonderful new system anyway. Uh I was the the first uh in the state to have uh to engage. So, I'm I obviously am not a fan of having to deal with this process, but um I think what we should do is we can probably set a hearing. Y'all meet there's probably an April date. Um I think a lot of this needs to be cleared up by this case worker. um a lot of the things that y'all have requested, I'd like for him to come back and and um basically address those things with the knowledge that a case worker should walk in with. Does anybody have a problem with that?
>> No, judge.
>> No, judge. I would just request a recess at this time and um a reset of this permanency hearing to for a continuation so that we can um go deeper into the reunification and give this new case worker an opportunity to represent his case and his own work.
>> Well, and it sounds like he needs to yeah go out and to Fiona and do a few things like that. So, um um I think you've got some issues here that you're you're too close to the end of this case um to not at least have him get up to date on it before you either extend it or have a final. Um so, does anybody have an object objection to that?
>> No. Judge, we don't have an objection, but we just in the meantime, and I think that your honor would agree, but in the meantime, want them to push forward, you know, >> to to get us going somewhere. We need inerson visits with Sergio. We need an an effort to get Sergio closer. Um, more frequent in-person visits with the with the other two kids. Like, they're just >> Well, yeah. And I agree with you and and I'm this is going to go ahead and be the statutory hearing today. And uh they're on the very very edge of uh not making reasonable efforts, which is not a good place for St. Francis to be in this case, believe me. So, uh they're going to come back next month and they're going to justify and clean up this this mess and have it ready for either a final or an extension and and let Judge Baker jump up and down.
And your honor, since this is the statutory hearing today, could um could I formally request that St. Francis be ordered not to proceed on a goal change or an adoption? Uh put their effort I guess my point is judge, I want their efforts to be towards reunification before we come back here, not concurrently working on an adoption when we may not be ready to do that.
Well, yeah, especially because adoption is now their first goal. So, I I would hate to see them come back with a lot of evidence proving that they've met because they flipped the goals and now adoption is their primary goal. And so, I I agree with Miss Grant. We don't want them to come back and say, "Here's all the things we've done to facilitate adoption, which would meet their burden, but I don't we don't I mean, I think we all agree that's not appropriate at this point in time for that switch to have even been made."
Well, they can either they can voluntarily today make that here or they can be found to have made no reasonable efforts to towards that goal. So, we'll let we'll let the supervisor speak up here.
>> Which way do you want to go on that?
>> We can we can we can do that. Sorry.
>> I bet I bet you can.
>> Yeah, we can do that. We will get everything that y'all need.
>> Okay. So the goal goes back to the original at today and with that goal staying like it is then I will not have a re a finding of reasonable efforts not being made. Is that the agreement?
>> Yes.
>> Yes. Your honor >> I agree.
>> Okay. Is that the attorneys for the parents and the attorney? Is that satisfactory to you today?
>> It is your honor. Yes, your honor.
>> Because yeah, I I don't want to penalize Mr. Neita and uh because we all know what a finding of no reasonable efforts does on a um read from the feds. So, I don't want to do that. I want to give them the opportunity to clean this up.
Okay. All right. So, now that we've agreed to that status, is there anything else today that y'all need to address?
um before you come back with Mr. Nita Meyer up to date. Yes, >> this is Kasa and I was just uh if Mr. Amaya could answer my phone call. I don't know if maybe he doesn't answer unknown numbers or I've tried or maybe I have an incorrect number and um I know the advocate doesn't speak Spanish so I went ahead and and called him but I'm not getting an answer.
>> Okay. So, Mr. Jeremiah. Um if you if the uh interpreter um we'll let y'all go into a room when we get through here and you can visit with him. How about that?
>> Great. Thank you.
>> Okay. You're very welcome.
>> And Miss Miss Herrera, if you would like to um visit him in person, I'm going to be down there on Monday at 100 p.m. If you'd like to come and um meet him with when I'm there, I would be happy to um have you come um and visit. And if you want to just um send me an email um and I can give you the information, his address, um and anything else you might need, I'd be happy to help you with that.
>> That would be great. Perfect. Yes.
>> Okay. So, y'all will take care of that.
>> Yes, ma'am.
>> Yes.
>> All right.
>> Okay. So, what we're going to do today is this is the this is the statutory hearing that's required to be held.
We're going to have another hearing next week, next month. When is that date, um, Rachel, that that you meet for, uh, Palmer? Um, >> judge, it's going to be April the 8th at 9:00.
>> Okay. So, that'll be April the 8th. Does that work for everybody's calendar?
>> Yes. Okay.
Okay. And that will basically Okay.
That'll be a hearing.
Okay.
And in summation basically, and I'm going to tell you what I think and if if there's some clear if we need to clarify this a little bit, please step in. It's my understanding that um Sergio Junior's there nobody has seen any actual efforts to try to get this child moved back to um the panhandle in some form whether it be love Amarillo or Witchaw Falls anything uh leaving this child in Houston the armpit of Texas um so I want to see what efforts are being made by St. Francis, as far as that's concerned, that needs to be brought. Um, the other children, I want the in-person visitations going up and running.
Uh, case worker or supervisor, whoever needs to go to the Mr. Amaya's home.
What else do you have on your list, attorneys?
that >> judge since since this is a new case worker, could I request also an update of the diligent searches for an unknown father on their end?
>> Yes.
Yes. And you understand what that is, Mr. Neita? A diligent search for unknown dads?
>> Yes.
>> Okay. Has anybody has anybody even sent the documentation to Austin to see if there's a registered father on that child?
>> Yes, judge.
>> Okay. Trity search. Okay.
All right.
Anything else, Miss Graph? Anything else in that list that you'd like to see at the April meeting hearing?
>> Your honor, I I remember hearing Mr. Nemier say that there was only two things that my client needed to do and that was drug testing and counseling. Um your honor um indicated that the drug testing would not be needed and that would be taken off the list. So counseling I believe is the only thing.
So, I just want to make sure that whatever counseling is um going to happen that that works around his work schedule because he is trying to um set aside as much as he can to provide for his children and make it possible for him them to return home. So, um if with that only with that last service um still being done, I want to make sure that he can actually accomplish it.
>> I I think Mr. Myers and you understand that and okay and the drug testing is to be removed there's unless there is some sign that he is on drugs but at this point in time that is not a random thing that you that the St. Francis has the right to do.
>> Yes sir.
>> Okay.
And then uh let's see. Miss Riley, anything else from you?
>> No, Judge. as long as we have RBT actually set up now. And then um just the you know I think there is an in-person visit scheduled even though Sergio is still in Houston and we would just re I think Grace would very much like to see that that actually happens.
>> Okay. So in person for all children if well Houston is we all know how that is but I want to act I want to see what the efforts are to get this child back in this region. Okay. Which is required by law, >> you know. Okay. Anything else?
>> No, your honor.
>> Okay. And then, Miss Kincaid, anything from you as the adult item?
>> Um, no, your honor. I um I did not actually receive the report. Um if it was filed, I never I didn't get it. Um but I did receive one via email. Um I've talked with the placements. The children are um doing fairly well. There's a lot of interventions that are going on, a lot of therapies that are that all of the children are engaged in. Um, with Sergio, the one thing I would, you know, request is he does really need consistency and schedules. Um, and so if there's anything that could be helpful for the parents and educating them on um the things that help Sergio do his very best when it comes to school and and just keeping his schedule, I I hope that we can keep them in the loop on that.
Um, but you know, I feel like maybe when we come back next month, we'll all know a little bit more.
>> I I think that that Yeah. And let me remind and I know Mr. Nemar, you're new.
Um, if this uh one child is going to have a tonslectomy, the parents have the right to be to be there. They are to be informed and kept in that loop as to everything that's happening med medically to these children.
Okay.
>> Yes, your honor.
>> Is that set anytime soon?
No, ma'am.
>> Okay.
>> They're waiting, your honor, they're waiting on the results of a sleep study that he had to do. Um, and so they're deciding the ENT is going to kind of make a recommendation based on the results of the sleep study as to when and how to go about that.
>> Okay. Well, they're they're um the mother can attend any medical appointments that she's available to go to. So, they need to remember to do that.
Okay.
All right. Anybody else have anything today?
I know you wanted to have a meeting, uh, Miss Rich or mediation or something. I think let's see what happens when y'all come back here in April and if this has gotten sort of cleaned up with the new case worker and everything. Uh, and then y'all can look if you're going to extend or or mediate or whatever. Is that okay with you?
>> Yes, judge. Thank you.
>> You're welcome. Sorry, this looks like it sort of turned into a mess. Looks like you had a caseworker issue and Mr. Neer Meyer has jumped into the middle of a fire. So, uh, thank you for not running scared.
You You'll be fine. Uh, these these women are just being good attorneys. Uh, so I'm going to go ahead and find at this point in time, not promising that it'll happen in April, that the department has made reasonable efforts because they have made these agreements today to um to to get this moving. So, uh, this hearing will, uh, be the statutory hearing. There'll be the hearing on April the 8th. This is still set for a final on May 13th. Um, I'd be very surprised to see that happen, but y'all will discuss that in April with Judge Baker.
Does anybody else have anything today?
Let me remind the parents that you are uh required by law to continue to work your services. And I am required to tell you if you don't if you fall off that wagon and you don't work these services that you've been ordered to do by the court that your rights to these children could be restricted or terminated, it would be allowed to be con to be considered in that uh ground of of terminating your parental rights.
Does anybody else have anything today?
All right. Thank y'all very much. Good luck. And I have Mr. Nethermire. Hang in there. You'll get it done.
>> Thank you.
>> Thank you, your honor.
>> Your honor, could you check your chat real quick? It's unrelated to any case.
I just wanted to ask you a quick question if that's okay.
>> Sure.
>> Good afternoon, your honor.
>> Hello, judge.
>> How are you?
>> I'm well, thank you.
>> All right. Are we expecting parents to show up?
>> Um, judge, my client was given two hours notice and she is on vacation. I don't think she will be here today.
>> Okay.
She understand what we're doing today?
>> Yes, your honor.
>> Okay. But you you are are representing her in this matter.
>> I am.
>> Okay. All right.
Uh this is a Potter County case. This is a request by the Department of Family Protective Services for the recorder to entertain an order in aid of investigation.
Um >> Judge, do you need to record this one?
>> Uh yeah, I will.
All right. This is an order in in aid of an investigation request by the department and uh it was presented to me this morning. Um there was reference throughout the supporting affidavit that the mother uh in the case um Michelle Fowler uh was represented by an attorney, Miss Sapion. Uh I wasn't clear whether it was with respect to this case or whether Miss Sapion was representing her on something else. But but regardless because mother stated that she had counsel and the department had had tried to make some contact with Miss Sapion, I felt like uh you know we needed to try to take time to actually have a hearing on this. So um present today then is Mr. Gra for the Department of Family Protective Services and it looks like he's joined by Miss Jones. Kathy Jones who's supervisor by also looks like Casey Wall and Miss Wall was the investigator I believe based on what I'm looking at in the affidavit.
>> That's correct, Judge. She's the aient.
>> All right. Okay. and notice I guess then was given to the mother uh Miss Fowler uh was notice given to Mr. Secret the father.
>> We didn't plead him as a party. We pled uh who we understand to be mother significant other and possible living significant other Mr. Or um we instructed uh Ms. Wall once we knew the hearing was set to reach out to Mr. or um I'll have to defer to my client whether she was able to reach him or not.
>> Okay. And I apologize. I I um I know that the department's had contact with Mr. Secret.
>> That is correct.
>> The father, but but uh you're correct. I mean, he's his appearance today wouldn't be necessary as he was not plugged into the case. Um all right. Um well, we'll just try to take that up, do some testimony. All right, Mr. Mr. Gra, I'm going to allow you to call witness and and just try to put on uh any additional testimony that there might be uh beyond what's in the affidavit. Uh obviously, I've read it and know what it contains. Uh I there's some there are some things that are referenced in there that obviously such as the video that I obviously have not seen, but um >> and judge, I just received this afternoon. I'm sorry to cut you off, judge. Um, I have a copy of the video.
Um, I have not shared that with council, but I can upload that and share it with your honor and counsel now. I don't know that the there is any additional testimony other than what's in the affidavit. I spoke with Miss Wall just a little while ago. Um, I'll defer to her if there's any additional updates that we didn't discuss. But um however you your honor uh if your honor would like me I can upload the video so uh council and you can both take a look at it. It's short.
>> I think I think it would just be if you plan to introduce it.
>> Yeah. I mean I think it it kind of goes to Miss Wall's concerns about possible substance use and um >> you have um Jean on the date of that video. Uh uh it's not there's no metadata on the video that I received. I looked at that anticipating that that might be a question. I have to defer to my client.
Um she can tell you when she received it, how she received it. Um but the video itself has no embedded metadata.
>> If you intend to introduce that, I would object to any relevance. I mean, we don't know.
I haven't seen it. I don't know what's in it. Um, but what I've read, I don't see that it involves any children or that there's a date associated with the taping of the video.
>> Well, again, I can have my my client my client can testify to how she received it and and what she believes the relevance to be. Um obviously you can object um that's your right to do and judge will rule on that but um I think it's relevant and germanine to at least the reason why my client filed the the petition for the order to investigate.
>> Why don't we just why don't we just kind of weigh into it and then if if you decide you want to offer it we'll we'll take objections at that point in time and then before it's viewed then Miss Sabian if if I'm going to allow it I would certainly allow you time to view it.
>> Thank you. Okay.
>> All right, then. So, we're going to call Miss Wall.
>> Yes, please, your honor. Thank you.
>> Okay, Miss Wall, if you'll raise your proceed.
>> Thank you, your honor. Thank you, Miss Wall. Miss Wall, do you prefer Mia or Casey? Because I I have Mia on the pleading, but I see Casey on your your screen.
>> I go by Maya. Um, I keep Casey as my legal first name, though.
>> Okay. So, I'll call you Maya then if that's okay. Uh, Miss Wall, you're uh employed by DFPS, correct?
>> Yes.
And you're familiar with uh Miss Fowler and her daughters.
>> Yes.
>> And did you sign the affidavit and a petition uh for an order in aid of investigation?
>> Yes.
>> Okay. And um the information in the in the affidavit and the petition, is that true and correct to the best of your knowledge and belief?
>> Yes.
>> Okay. And uh what was the what was the reason why you were assigned?
>> I was assigned to the case um when it was called in on 519 for concerns of um drug use by home members and the children being left home alone.
>> Okay. And uh can you can you just give the court what were the specifics about the allegations or was that was it just generally that's what you understood when you got the case? Was there something more specific?
>> Um, the children were told to be dropped off at the home um without anyone home and um there was allegations that Dallas or was living in the home and using methamphetamines.
>> Okay. And and um what did you do to investigate the allegations when you were assigned? Well, since this was an alternative response case, my first step was to contact Miss Miss Fowler um to schedule a meeting and she referred me to contact Miss Sapion.
>> Okay. and and the the affidavit indicates and and mom has a right to do that, but the affidavit indicates multiple uh either contacts with Miss Sapion or with her office in order to um arrange an interview with her client with Miss Sapiens's client. Is that right?
>> Yes, I did contact multiple times.
>> Okay. And and um were you ever able to actually interview uh Miss Sapion's client?
No.
>> Okay. Did you um ask to interview the children?
>> I was unable to interview the children.
>> Okay.
>> Responses.
>> Okay. Yeah. It's not exactly how the question was asked. So, as well just just listen to his question carefully.
>> Yes, ma'am.
>> The I believe my question was were you able did you ask to interview the the children?
>> No, I was unable to ask.
>> Okay. Um would that been would have been part of your investigation if you were allowed to do so?
>> Yes, sir.
>> Okay. And um did you also ask to be able to uh look at the interior of the mother's home uh and the children's home?
>> I did not ask to view the home.
>> Okay. And and is is that something that you ordinarily would have asked >> in this step of investigation? Yes.
>> Okay. And was the issue uh you just didn't get that far because uh the mom >> objection >> leading I don't believe the rules of evidence apply at a a hearing of this nature.
>> Well, we're going to go by them. So, just don't lead.
>> I'll give you some leeway, but just don't lead.
>> Okay. Thank you, your honor. Um so were you able to uh perform your investigation uh or were you impeded in the performance of your investigation?
>> I could not perform my investigation because I could not contact anyone.
>> Okay. And the reason you could not contact anyone was why? Um, well, Miss Fowler retained counsel, so I respected that to try to go through her counsel, and I was unable to speak with um, Miss Sapiant to schedule anything.
>> Okay. All right. Thank you. And, um, where are the children currently living?
>> Um, >> okay. And um so you said there were concerns about possible um drug use in the home. And um is there something specific that you were able to learn during your limited investigation that causes you to have that concern?
>> The reason I had the concern was due to the video that I was sent um depicting Mr. or acting I would say erratically.
Um I was told this video was filmed in March so it has been fairly recently.
>> Okay. And when did you receive the video?
>> I received the video on 520.
>> Okay. And what did you understand to be the original source of the video?
>> I was told that Dallas filmed himself. I would object to speculation.
I asked what she understood to be the source of the video.
>> I'm I'm going to allow her to tell us how she came by the video and and not necessarily all the content of it or anything like that, but how she came by it and let's let's see what foundation is laid.
>> Thank you.
>> Um the video came from or it was Dallas filming himself which he then sent to his mother. His mother then sent that video to the maternal grandparent of the children in the case who forwarded it to the father because um of her concerns.
>> Okay. And you obser and you viewed the video.
>> Yes.
>> Okay. What and what was it about what you observed in the video that gives you concerns about drug use such that you would like to have an interview uh with the children?
In the video, he was hitting himself in the back of the head and referring to himself um as someone who gets people to do drugs, gets them to do alcohol and kill themselves. Um and at the end of the video, he stated an explanative um the f-word towards himself. He said, "F Dallas Arlington. I'm going to make him kill himself like he killed his or like his father killed himself." And the way he was acting in the video seemed more drug use to me than a mental um illness.
>> Okay. And um and you said earlier well uh do you have an understanding or a belief as to where Mr. Orin is currently living?
>> Um as my understanding he is also living in the children. Okay.
>> And um you mentioned previously you also had some concerns about supervision and something about a drop off. Can you be more specific about uh the the drop off and the supervision issue um which leads you to want to interview the children?
Um, I spoke with one of the children's father who said he was bringing the children back from um his home for his from his visitation and he was directed by Miss Fowler to just drop the girl off at home by herself while no one was home and he was not comfortable with this and that's with he dropped them off with their grandmother. Um, >> okay. And uh this is which child? This is Mary or Audrey? This is Mary.
>> And Mary is how old?
>> She is 11.
>> And And where was she traveling from with her father? Is it local or or far away?
>> They were traveling from Mesa, Colorado.
>> Okay.
>> Okay. And uh so you were the one who called um the grandmother to to uh take custody of the child until her mom came.
Is that right?
Um, Mr. Seagris qualif.
>> Okay. And so based on what you've been able to glean thus far, what are you asking this court to order you to be allowed to do to uh in aid of your investigation?
>> I would like to be able to interview and see the children and then see the home and interview home members as well as Michelle.
>> Okay. And specifically um what are you trying to accomplish uh in terms of uh risk or safety threats? Um let me strike that question. Um the reason why you're asking for this is why >> I would like to establish the safety of the children and who is in the home around them.
>> Okay. Okay. And uh is there anything else um that either wasn't in the affidavit or I didn't cover that you'd like the court to know um that we haven't discussed?
>> I don't believe so. No.
>> Okay. All right. Thank you. Pass the witness, your honor.
>> All right, Miss SP.
>> Thank you, Judge. Miss Wall, are you aware that Mr. Seagris and Miss Valor have an open modification case right now?
Um, can you define open modification case? I'm sorry. Sure.
>> Are you aware that Miss Fowler has filed to modify the parent child relationship with Mr. Segrist?
>> I was aware that Mr. Seagris and Miss Fowler had a custody battle going.
>> Okay.
And you stated that it was Mr. Seagris that um was bringing Mary Jane home on the 18th. Is that correct?
>> Yes.
Okay. So, in your what you know it was not the grandma bringing her home.
>> No, it was not the grandmother.
>> Okay. And but the reality is the child was never left home alone, was she?
>> No.
>> And in fact, when you and I spoke on the phone, you said that you knew there was not a current danger to the children.
Correct?
>> I stated that I would like to get in the home and speak with everybody. And that wasn't my question. My question was, you stated to me that you knew there was not a current danger to the children.
Correct.
>> That was on >> Miss Wall, if you answer my question.
>> I don't remember if that's what exactly what I stated to you, ma'am.
>> Okay. You did state that it was an alternative response case, correct?
>> Yes. and it was made an alternative response case because there was not an immediate danger to the children.
Correct.
>> That is that may not have been what I stated, but that is why they would make an alternative response is if they feel it's not a priority case.
>> Okay.
And so in this case, the child was never left alone, was never neglected.
Correct.
>> Not to my knowledge.
And so why do you need the court to allow you to further investigate if you have no knowledge of any neglect?
>> There are also the drug concerns in the home.
>> Okay. Have you tried to get a hold of Dallas? I don't know how you say his last name. I'll just call him Dallas.
Have you tried to get a hold of Dallas?
>> I do not have any contact information for him.
>> Okay. Have you ever seen him at my client's house?
>> I have not visited your client's home.
So, no, I have not.
>> Okay. Besides what Mr. Seagris told you, do you have any other reason to think that Dallas is in the home?
>> No.
>> Is there any indication from the video that he is in Well, let me ask you this.
I'll strike that. Do you know this video you've referenced where it was filmed?
>> I don't know where it was filmed.
>> You don't know if he was on drugs?
>> No.
Um it did you see any children in the video?
>> No.
>> Um and when you talked to me, you um indicated that you wanted to meet with my client to see if you could offer services like counseling. Correct?
>> Yes.
>> Okay. So, you didn't say you just wanted to meet um to interview her. You said you wanted to meet to do services, right?
>> That is part of the alternative response. Yes.
>> Okay. And wouldn't you agree that that's different than a simple interview?
>> I believe it includes an interview to learn what services I could offer.
>> And you did not ask me to interview the children. Correct?
>> No.
>> Okay. Did you ask Mr. Seagris if you could interview the children?
>> No. Okay. Are you aware that Mr. Seagris has visitation with the children on the first, third, and fifth weekends of the month?
>> I was not aware of his exact visitation.
>> Okay. Why didn't you ask him if you could talk to the children?
>> He lives in Colorado and I wouldn't be able to interview the children in person at his home.
>> Okay. Did do you know that for a fact or you're just guessing?
He gave me his address in Colorado to mail him the parent forms I had to.
>> And the children live here, so somehow they're getting from Amarillo to Colorado, right?
>> Yes, ma'am.
>> Okay. So, Miss Wall, could you have asked Mr. Seagress if you could interview the child while she was with him?
>> I suppose. Yes.
>> Okay. Did you do that?
>> No.
>> Could you have gone to school to interview the child?
Per my supervisor's direction, because Miss Fowler retained counsel, I wasn't going to go interview the children without her knowledge. That's also not how alternative response works.
>> Legally, to your knowledge, could you have gone to the school to interview the children >> as I am unsure of that in my knowledge?
No, I would not have because she retained counsel and that would not allow me to speak with the children.
>> Okay. I don't represent the children to your knowledge. Correct.
I was no.
>> Okay. Um are you aware that um it's interference with an investigation and you can seek an order to aid if you have exhausted those methods to get to the child and you cannot >> if that is the policy. I would have to go look and read it. Yes.
>> Do you agree with me, Miss Wall, that my client Michelle Fowler is not the only way you could have gone to speak to the children?
Yes.
You agree with me, Miss Wall, that this this is not an emergency?
>> I don't believe it's an emergency. No, it's not.
>> Okay.
And when you and I spoke, I believe what I said to you was my client was not interested in any services. Is that accurate?
>> Um, now I wouldn't be able to say exactly what you stated. I only remember you stating that you would reach back out to me after speaking to her. That is what I had made sure I wrote down.
>> Okay. So, >> and to be clear, you don't have any concerns and you haven't received any reports about my client using um narcotics, correct?
>> Um, Miss Fowler, no.
>> That Miss Fowler's using narcotics? No.
I apologize. Sorry.
And so just to be clear about the video, it would appear that Mr. Seagris sat on that video for almost three months. Um, and now it's a concern, right?
>> Yes.
In essence, Miss Wall, are you needing to speak um to Miss Fowler to to check a box to to close your file?
>> No, not to just check a box. That's not what we're about. I'd like to ensure the child children are safe and rule out um allegations if possible.
>> Okay.
And you have agreed that there was no neglect that you're aware of. Correct.
>> That I'm aware of. That's the um No, >> I'll pass the witness.
>> Okay. Scrap. Anything further?
>> Um just briefly. Um, Miss Wall, Council asked you about um your communication with her and then there was a question regarding um there was a question she asked you and you said something to the effect of um that Miss Sapen was going to contact her client and then get back to you after speaking with her client. Is that is that right?
>> Yes.
>> So you were you were uh looking is it is it fair to say you were looking to have a more wholesome u kind of question and answer with the mom as part of your initial investigation?
>> Yes. Part of the alternative response is sitting down with the family and speaking with them. And um I did advise that Miss Sapion could be there when we did that.
>> Okay. Um did she ever get back to you?
>> No.
>> Okay. And um you were aware, you testified, you were aware that there was a custody battle uh between these two parents. Did you factor that in when you um began your investigation?
>> I factored it into the fact that it shouldn't influence my investigation. um their custody battles don't have isn't part of what I do.
>> Okay. Um but it but it sounds like based on your your prior testimony um the video raised the level of concern once you saw the video. Is that right?
>> Yes.
>> Okay. And that's that was beyond the fact that there was they're having this custody fight over the kiddos.
>> Yes.
>> Okay.
Um, that's all I have. Thank you.
>> All right. Uh, Miss Sapion, anything further?
>> I I just have one question. Miss Wall, what is it that my client can do or if this court were to order her to aid you in the investigation of Dallas?
Well, I'd like to speak with her and determine if he's living in the home and speak with the children about any people living in the home to rule out whether he's there or not.
I'll pass the witness.
Okay. Anything?
>> Oh, >> nothing further.
>> No.
>> Okay.
>> I had already asked the question earlier, judge.
>> All right. All right.
All right. Mr. Gra, anything further?
>> No, your honor. Thank you.
>> Okay. All right, Miss Sapion.
>> Um, nothing further. Nothing to present.
Um, except a closing, your honor.
>> Okay, Miss Wall, let me just ask you and this you may not know the answer to this, but do you know what the subject of this modification between the parents is? I mean, is it child support? Is it visitation? Is it custody?
I don't have any details about what's going on between them.
>> Okay. All right. So, that since you don't know any details about that, then that's not anything that's clouded or entered into your your in, you know, attempted investigation into this?
>> No, ma'am.
>> Yep. All right.
>> Okay. Um All right. Anybody have anything else they want to ask Miss Wall?
>> No, your honor. Thank you.
>> No, your honor.
>> All right. Then does the department department rest >> at this point? Unless the court would like to see the video of the department rest, your honor.
Well, the court's not heard anything that uh you know, I haven't heard anything that children were present or you could hear voices of children in the background or that there was any reference to them in this video. We I haven't really heard a lot about, you know, probably because we don't know, you know, in what context it was made, why it was made, any of those things. And it's all pretty, you know, has come to you all in a pretty roundabout way. Not saying it isn't as described that it wouldn't be concerning, but I'm not sure that it's going to rise to, you know, the legal standard that would be required for me to sign an order and aid. Um, you know, I think it, if nothing else, should set off some alarm bells to the mother about who she's keeping company with.
But I'm going to go ahead. I'm not going to grant it. I'm going to deny the request for the order of native investigation.
Um, you know, I think if they've got this kind of case pending, they're they're going to be under somebody else's microscope and, you know, fully expect that video may be aired in a district court somewhere or elsewhere. But, uh, I'm not sure that alone is the basis for me to grant this.
if if there had been some uh you know some evidence that maybe mother was using uh narcotics or abusing alcohol or that she was directly involved in this I I would you know have probably a different take on it but you know it's this standalone and it's just him and we don't even know whether mother was there or you know I I it's just I don't know. So anyway, Miss Debian, I hope your client will That will be her takeaway that you know sadly you can't control everybody around you or what they do but you can control who you let in your home.
>> I understand your honor.
>> So all right I appreciate everybody's time. I really do. I know that a lot of these we don't have time to do hearings but I felt like since Miss Sapion was already representing her we really needed to do this not not quite so exparte. So >> that's fine your honor. And I I uh I misspoke uh on Tuesday when I said it was my last matter before you for the for the week, but I think this one is.
>> Well, you didn't know it was going to be your last matter.
>> That's right. Knock on wood. If if unless something else comes up, I will see you on the docket next week.
>> I was going to say you got to qualify because you never know what might come up.
>> This is true.
>> So anyway, all right.
>> Thanks, Bailey.
>> I really appreciate everybody jumping on. I know short notice it makes it hard for everybody's schedule. So I really appreciate you all doing this. Thank you very much. No problem, >> judge. Thank you so much.
>> Okay. Thank y'all.
>> Bye.
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