Preview
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 21-0772-D
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
HAYDEN WILCOX § SMITH COUNTY, TEXAS
§
A CHILD § 321ST JUDICIAL DISTRICT
INITIAL PERMANENCY HEARING ORDER BEFORE FINAL ORDER
On September 23, 2021, an Initial Permanency Hearing Before Final Order was held pursuant to
Subchapter D, Chapter 263, Texas Family Code, for review of the conservatorship appointment
and the placement of the child.
1. Appearances
1.1. The Department of Family and Protective Services (“the Department”) appeared
through KIM MCCURLEY, caseworker, and by attorney, JESSICA
WORTHAM and announced ready.
1.2. Respondent Mother, ASHLEAGH WILCOX appeared in person and through
attorney of record ALICIA BARKLEY and announced ready.
1.3. Respondent Presumed Father, JAMIE PHELPS, father of the child HAYDEN
WILCOX appeared in person and through attorney of record LOGAN SAWYER
and announced ready.
1.4. Respondent Intevenor/Grandmother, LINDA WILCOX appeared in person and
through attorney of record EVAN BARAT and announced ready.
1.5. DONALD DAVIDSON, appointed by the Court as Attorney Ad Litem of the child
the subject of this suit, appeared and announced ready.
1.6. CASA, SUPERVISOR LACI MURRAY, appointed by the Court as Guardian Ad
Litem of the child the subject of this suit, appeared and announced ready.
1.7. Also Appearing Caregiver C. Dyess
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2. Findings
2.1. The Court, having reviewed the pleadings and considered all evidence and
information required by law, including all service plans and Permanency Progress
Reports filed by the Department, finds that all necessary prerequisites of the law
have been satisfied, that this Court has jurisdiction over this cause, and that the
following orders are in the best interest of the child the subject of this suit.
2.2. The Court has reviewed services plans, permanency reports and other information
submitted to the Court to determine the safety and well-being of the child, the
continuing necessity and appropriateness of the placement of the child; whether the
child's educational needs and goals have been identified and addressed; the extent
of compliance with the case plan; the extent of progress which has been made
toward alleviating or mitigating the causes necessitating placement in foster care,
and to project a likely date by which the child may be returned to and safely
maintained in the home or placed for adoption or in a permanent managing
conservatorship, as applicable. The Court finds that the Department has made
reasonable efforts, as identified in its service plans and/or Permanency Progress
Reports, to finalize the permanency plan that is in effect for each child.
2.3. The Court finds that all persons entitled to notice under § 263.0021, Texas Family
Code, have been notified.
2.4. The Court has evaluated the Department’s efforts to identify relatives who could
provide the child with a safe environment if the child is not returned to a parent or
another person or entity entitled to service under Chapter 102, Texas Family Code
and to obtain the assistance of each parent to provide information necessary to
locate an absent parent, alleged father, or relative of the child. The Court has further
reviewed the efforts of the parent, alleged father or relative before the Court in
providing information necessary to locate another absent parent, alleged father or
relative of the child pursuant to §263.306 (a-1)(2)(B), Texas Family Code.
2.5. The Court has evaluated the Parties' compliance with temporary orders and the
service plan, and the extent to which progress has been made toward alleviating or
mitigating the cause necessitating the placement of the child in foster care, and finds
that:
2.5.1. ASHLEAGH WILCOX has/has not demonstrated adequate and
appropriate compliance with the service plan.
2.5.2. JAMIE PHELPS has/has not demonstrated adequate and appropriate
compliance with the service plan.
2.6. The Court finds that no further plans, services or temporary orders other than as
specified herein are necessary to ensure that a final order is rendered before the
dismissal date of this suit.
Permanency Hearing Order 21-0772-D / 321ST
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2.7. THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT
EACH OF THE ACTIONS REQUIRED OF THEM BELOW, IN ADDITION
TO ACTIONS PREVIOUSLY ORDERED BY THE COURT, ARE
NECESSARY TO OBTAIN THE RETURN OF THE CHILD, AND
FAILURE TO FULLY COMPLY WITH THESE ORDERS MAY RESULT
IN THE RESTRICTION OR TERMINATION OF PARENTAL RIGHTS.
Comply with service plan and orders of the court; refrain from drug/alcohol use;
refrain from criminal activity; maintain contact with caseworker and notify
Department of any address/phone number change immediately; follow
recommendations of treatment providers; submit to random drug testing;__
2.8. The Court has reviewed the summary of the medical care provided to the foster
child under § 266.007, Texas Family Code.
2.9. The Court has inquired whether the child or the child's family has Native American
heritage and identified any Native American tribe with which the child may be
associated.
3. Continuing Danger to the Physical Health or Safety of the child
3.1. The Court finds that there is a continuing danger to the physical health or safety of
the child; and returning HAYDEN WILCOX to ASHLEAGH WILCOX is
contrary to the welfare of the child.
3.2. The Court finds that there is a continuing danger to the physical health or safety of
the child; and returning HAYDEN WILCOX to JAMIE PHELPS is contrary to
the welfare of the child.
4. Placement and Services: HAYDEN WILCOX
4.1. The Court finds that HAYDEN WILCOX is placed with a relative or other
designated caregiver.
4.2. The Court finds that CAROL DYESS is willing and able to provide the child
HAYDEN WILCOX with a safe environment and continued placement of the
child with CAROL DYESS is in the child’s best interest.
4.3. IT IS THEREFORE ORDERED that the child HAYDEN WILCOX shall
remain in the home of CAROL DYESS, and the Department shall continue to serve
as temporary managing conservator of the child, shall monitor the placement to
ensure that the child is in a safe environment, and shall, if circumstances indicate
that the home is no longer a safe environment, remove the child HAYDEN
WILCOX from the home of CAROL DYESS.
4.4. The Court finds that the relative or other designated caregiver serving as the
placement of the child has been informed that the relative or other designated
caregiver has the option to become verified by a licensed child-placing agency to
Permanency Hearing Order 21-0772-D / 321ST
Page 3 SMITH County
operate as an agency foster home and has the option of seeking eligibility for
permanency care assistance through the permanency care assistance program
provided in Subchapter K, Chapter 264, Texas Family Code.
4.5. The Court finds that the Department has asked HAYDEN WILCOX, in a
developmentally appropriate manner, to identify any adult, particularly an adult
residing in the child’s community, who could be a relative caregiver or designated
caregiver for the child.
4.6. The Court finds that HAYDEN WILCOX has been provided the opportunity, in a
developmentally appropriate manner to express the child's opinion on the medical
care provided.
4.7. The Court finds that HAYDEN WILCOX is not receiving psychotropic
medication.
4.8. The Court has reviewed the visitation plan or any amended visitation plans filed by
the Department, pursuant to § 263.306, Texas Family Code.
4.9. The Court has reviewed the Department's efforts to ensure that HAYDEN
WILCOX has the opportunity to engage in age appropriate normalcy activities,
including activities not listed in HAYDEN WILCOX'S service plan.
4.10. The Court finds that the Department has identified an education decision-maker for
HAYDEN WILCOX, as required by § 263.004, Texas Family Code, and
HAYDEN WILCOX'S education needs and goals have been identified and
addressed.
4.11. The Court finds that HAYDEN WILCOX is attending preschool and has
determined whether there have been major changes in the child's school
performance and whether there have been serious disciplinary events.
4.12. The Court has reviewed the appropriateness of the primary and alternate
permanency goal for the child and finds that HAYDEN WILCOX'S permanency
goal is Family Reunification.
4.13. The Court finds that a health care professional has been consulted regarding a
health care service, procedure, or treatment for HAYDEN WILCOX. The Court
accepts the recommendation of the health care professional for the following
reason: Please refer to the Permanency Report.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
4.14. The Court finds that no other plans or services are needed to meet the child’s special
needs or circumstances.
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5. Visitation Plan: ASHLEAGH WILCOX
5.1. The Court finds that visitation between HAYDEN WILCOX and ASHLEAGH
WILCOX must be supervised to protect the health and safety of HAYDEN
WILCOX. The Court further finds that ASHLEAGH WILCOX must take the
following specific steps to have level of supervision reduced:
Comply with service plan and orders of the court; refrain from drug/alcohol use;
refrain from criminal activity; maintain contact with caseworker and notify
Department of any address/phone number change immediately; follow
recommendations of treatment providers; submit to random drug testing;__
6. Visitation Plan: JAMIE PHELPS
6.1. The Court finds that visitation between HAYDEN WILCOX and JAMIE
PHELPS must be supervised to protect the health and safety of HAYDEN
WILCOX. The Court further finds that JAMIE PHELPS must take the following
specific steps to have level of supervision reduced:
Comply with service plan and orders of the court; refrain from drug/alcohol use;
refrain from criminal activity; maintain contact with caseworker and notify
Department of any address/phone number change immediately; follow
recommendations of treatment providers; submit to random drug testing;_
7. Orders
7.1. IT IS ORDERED that, except as specifically modified by this order or any
subsequent order, the plan of service for the parents, filed with the Court and
incorporated herein by reference as if the same were copied verbatim in this order, is
APPROVED and made an ORDER of the Court.
7.2. IT IS ORDERED that all previous orders issued by this Court shall continue
subject to the following modifications:
Court ORDERS that the parents may start unsupervised visitation once they start
their Phase II services; Parents may have overnight contact as parties agree
Court ORDERS the parties to have NO CONTACT with Weldon Nash Miller until
further Court orders
Court ORDERS the parties to work together in the best interest of the child
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Permanency Hearing Order 21-0772-D / 321ST
Page 5 SMITH County
7.3. Unless otherwise directed by this Court prior to the hearing, the following child
shall not be required to attend the Permanency Hearing Before Final Order:
HAYDEN WILCOX
7.4. IT IS ORDERED that, in addition to the rights and duties listed in § 153.371,
Texas Family Code, the Department is authorized to consent to medical care for the
subject child, pursuant to § 266.004, Texas Family Code.
8. Dismissal Date and Hearing Dates
8.1. Pursuant to § 263.401, Texas Family Code, the Court determines that the date for
dismissal of this cause shall be April 11, 2022.
8.2. Pursuant to § 263.305, Texas Family Code, the Court determines that the
Permanency Hearing Before Final Order is set on January 6, 2022, at 09:00 a.m.
in the 321st Judicial District Court of SMITH County in TYLER, Texas.
8.3. Pursuant to § 263.304(b), Texas Family Code, the Court determines that this suit
shall be and is hereby set for a Trial on the Merits on March 15, 2022 at 09:00 a.m.
in the 321st Judicial District Court of SMITH County in TYLER, Texas.
SIGNED this _____ day of _______________, 2021.
JUDGE PRESIDING
Permanency Hearing Order 21-0772-D / 321ST
Page 6 SMITH County
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 21-0772-D IN THE INTEREST OF § IN THE DISTRICT COURT OF § HAYDEN WILCOX § SMITH COUNTY, TEXAS § A CHILD § 321ST JUDICIAL DISTRICT INITIAL PERMANENCY HEARING ORDER BEFORE FINAL ORDER On September 23, 2021, an Initial Permanency Hearing Before Final Order was held pursuant to Subchapter D, Chapter 263, Texas Family Code, for review of the conservatorship appointment and the placement of the child. 1. Appearances 1.1. The Department of Family and Protective Services (“the Department”) appeared through KIM MCCURLEY, caseworker, and by attorney, JESSICA WORTHAM and announced ready. 1.2. Respondent Mother, ASHLEAGH WILCOX appeared in person and through attorney of record ALICIA BARKLEY and announced ready. 1.3. Respondent Presumed Father, JAMIE PHELPS, father of the child HAYDEN WILCOX appeared in person and through attorney of record LOGAN SAWYER and announced ready. 1.4. Respondent Intevenor/Grandmother, LINDA WILCOX appeared in person and through attorney of record EVAN BARAT and announced ready. 1.5. DONALD DAVIDSON, appointed by the Court as Attorney Ad Litem of the child the subject of this suit, appeared and announced ready. 1.6. CASA, SUPERVISOR LACI MURRAY, appointed by the Court as Guardian Ad Litem of the child the subject of this suit, appeared and announced ready. 1.7. Also Appearing Caregiver C. Dyess Permanency Hearing Order 21-0772-D / 321ST Page 1 SMITH County 2. Findings 2.1. The Court, having reviewed the pleadings and considered all evidence and information required by law, including all service plans and Permanency Progress Reports filed by the Department, finds that all necessary prerequisites of the law have been satisfied, that this Court has jurisdiction over this cause, and that the following orders are in the best interest of the child the subject of this suit. 2.2. The Court has reviewed services plans, permanency reports and other information submitted to the Court to determine the safety and well-being of the child, the continuing necessity and appropriateness of the placement of the child; whether the child's educational needs and goals have been identified and addressed; the extent of compliance with the case plan; the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or in a permanent managing conservatorship, as applicable. The Court finds that the Department has made reasonable efforts, as identified in its service plans and/or Permanency Progress Reports, to finalize the permanency plan that is in effect for each child. 2.3. The Court finds that all persons entitled to notice under § 263.0021, Texas Family Code, have been notified. 2.4. The Court has evaluated the Department’s efforts to identify relatives who could provide the child with a safe environment if the child is not returned to a parent or another person or entity entitled to service under Chapter 102, Texas Family Code and to obtain the assistance of each parent to provide information necessary to locate an absent parent, alleged father, or relative of the child. The Court has further reviewed the efforts of the parent, alleged father or relative before the Court in providing information necessary to locate another absent parent, alleged father or relative of the child pursuant to §263.306 (a-1)(2)(B), Texas Family Code. 2.5. The Court has evaluated the Parties' compliance with temporary orders and the service plan, and the extent to which progress has been made toward alleviating or mitigating the cause necessitating the placement of the child in foster care, and finds that: 2.5.1. ASHLEAGH WILCOX has/has not demonstrated adequate and appropriate compliance with the service plan. 2.5.2. JAMIE PHELPS has/has not demonstrated adequate and appropriate compliance with the service plan. 2.6. The Court finds that no further plans, services or temporary orders other than as specified herein are necessary to ensure that a final order is rendered before the dismissal date of this suit. Permanency Hearing Order 21-0772-D / 321ST Page 2 SMITH County 2.7. THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT EACH OF THE ACTIONS REQUIRED OF THEM BELOW, IN ADDITION TO ACTIONS PREVIOUSLY ORDERED BY THE COURT, ARE NECESSARY TO OBTAIN THE RETURN OF THE CHILD, AND FAILURE TO FULLY COMPLY WITH THESE ORDERS MAY RESULT IN THE RESTRICTION OR TERMINATION OF PARENTAL RIGHTS. Comply with service plan and orders of the court; refrain from drug/alcohol use; refrain from criminal activity; maintain contact with caseworker and notify Department of any address/phone number change immediately; follow recommendations of treatment providers; submit to random drug testing;__ 2.8. The Court has reviewed the summary of the medical care provided to the foster child under § 266.007, Texas Family Code. 2.9. The Court has inquired whether the child or the child's family has Native American heritage and identified any Native American tribe with which the child may be associated. 3. Continuing Danger to the Physical Health or Safety of the child 3.1. The Court finds that there is a continuing danger to the physical health or safety of the child; and returning HAYDEN WILCOX to ASHLEAGH WILCOX is contrary to the welfare of the child. 3.2. The Court finds that there is a continuing danger to the physical health or safety of the child; and returning HAYDEN WILCOX to JAMIE PHELPS is contrary to the welfare of the child. 4. Placement and Services: HAYDEN WILCOX 4.1. The Court finds that HAYDEN WILCOX is placed with a relative or other designated caregiver. 4.2. The Court finds that CAROL DYESS is willing and able to provide the child HAYDEN WILCOX with a safe environment and continued placement of the child with CAROL DYESS is in the child’s best interest. 4.3. IT IS THEREFORE ORDERED that the child HAYDEN WILCOX shall remain in the home of CAROL DYESS, and the Department shall continue to serve as temporary managing conservator of the child, shall monitor the placement to ensure that the child is in a safe environment, and shall, if circumstances indicate that the home is no longer a safe environment, remove the child HAYDEN WILCOX from the home of CAROL DYESS. 4.4. The Court finds that the relative or other designated caregiver serving as the placement of the child has been informed that the relative or other designated caregiver has the option to become verified by a licensed child-placing agency to Permanency Hearing Order 21-0772-D / 321ST Page 3 SMITH County operate as an agency foster home and has the option of seeking eligibility for permanency care assistance through the permanency care assistance program provided in Subchapter K, Chapter 264, Texas Family Code. 4.5. The Court finds that the Department has asked HAYDEN WILCOX, in a developmentally appropriate manner, to identify any adult, particularly an adult residing in the child’s community, who could be a relative caregiver or designated caregiver for the child. 4.6. The Court finds that HAYDEN WILCOX has been provided the opportunity, in a developmentally appropriate manner to express the child's opinion on the medical care provided. 4.7. The Court finds that HAYDEN WILCOX is not receiving psychotropic medication. 4.8. The Court has reviewed the visitation plan or any amended visitation plans filed by the Department, pursuant to § 263.306, Texas Family Code. 4.9. The Court has reviewed the Department's efforts to ensure that HAYDEN WILCOX has the opportunity to engage in age appropriate normalcy activities, including activities not listed in HAYDEN WILCOX'S service plan. 4.10. The Court finds that the Department has identified an education decision-maker for HAYDEN WILCOX, as required by § 263.004, Texas Family Code, and HAYDEN WILCOX'S education needs and goals have been identified and addressed. 4.11. The Court finds that HAYDEN WILCOX is attending preschool and has determined whether there have been major changes in the child's school performance and whether there have been serious disciplinary events. 4.12. The Court has reviewed the appropriateness of the primary and alternate permanency goal for the child and finds that HAYDEN WILCOX'S permanency goal is Family Reunification. 4.13. The Court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for HAYDEN WILCOX. The Court accepts the recommendation of the health care professional for the following reason: Please refer to the Permanency Report. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 4.14. The Court finds that no other plans or services are needed to meet the child’s special needs or circumstances. Permanency Hearing Order 21-0772-D / 321ST Page 4 SMITH County 5. Visitation Plan: ASHLEAGH WILCOX 5.1. The Court finds that visitation between HAYDEN WILCOX and ASHLEAGH WILCOX must be supervised to protect the health and safety of HAYDEN WILCOX. The Court further finds that ASHLEAGH WILCOX must take the following specific steps to have level of supervision reduced: Comply with service plan and orders of the court; refrain from drug/alcohol use; refrain from criminal activity; maintain contact with caseworker and notify Department of any address/phone number change immediately; follow recommendations of treatment providers; submit to random drug testing;__ 6. Visitation Plan: JAMIE PHELPS 6.1. The Court finds that visitation between HAYDEN WILCOX and JAMIE PHELPS must be supervised to protect the health and safety of HAYDEN WILCOX. The Court further finds that JAMIE PHELPS must take the following specific steps to have level of supervision reduced: Comply with service plan and orders of the court; refrain from drug/alcohol use; refrain from criminal activity; maintain contact with caseworker and notify Department of any address/phone number change immediately; follow recommendations of treatment providers; submit to random drug testing;_ 7. Orders 7.1. IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the plan of service for the parents, filed with the Court and incorporated herein by reference as if the same were copied verbatim in this order, is APPROVED and made an ORDER of the Court. 7.2. IT IS ORDERED that all previous orders issued by this Court shall continue subject to the following modifications: Court ORDERS that the parents may start unsupervised visitation once they start their Phase II services; Parents may have overnight contact as parties agree Court ORDERS the parties to have NO CONTACT with Weldon Nash Miller until further Court orders Court ORDERS the parties to work together in the best interest of the child _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Permanency Hearing Order 21-0772-D / 321ST Page 5 SMITH County 7.3. Unless otherwise directed by this Court prior to the hearing, the following child shall not be required to attend the Permanency Hearing Before Final Order: HAYDEN WILCOX 7.4. IT IS ORDERED that, in addition to the rights and duties listed in § 153.371, Texas Family Code, the Department is authorized to consent to medical care for the subject child, pursuant to § 266.004, Texas Family Code. 8. Dismissal Date and Hearing Dates 8.1. Pursuant to § 263.401, Texas Family Code, the Court determines that the date for dismissal of this cause shall be April 11, 2022. 8.2. Pursuant to § 263.305, Texas Family Code, the Court determines that the Permanency Hearing Before Final Order is set on January 6, 2022, at 09:00 a.m. in the 321st Judicial District Court of SMITH County in TYLER, Texas. 8.3. Pursuant to § 263.304(b), Texas Family Code, the Court determines that this suit shall be and is hereby set for a Trial on the Merits on March 15, 2022 at 09:00 a.m. in the 321st Judicial District Court of SMITH County in TYLER, Texas. SIGNED this _____ day of _______________, 2021. JUDGE PRESIDING Permanency Hearing Order 21-0772-D / 321ST Page 6 SMITH County