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
PERMANENCY HEARING ORDER BEFORE FINAL ORDER
On January 6, 2022, a 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 JADE STARKEY , 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 BY 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
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 demonstrated adequate and appropriate
compliance with the service plan.
2.5.2. JAMIE PHELPS has 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; attend
scheduled visitation and follow general visitation rules
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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. Placement and Services: HAYDEN WILCOX
3.1. The Court finds that HAYDEN WILCOX is placed with a relative or other
designated caregiver.
3.2. The Court finds that placing HAYDEN WILCOX in the home of JAMIE
PHELPS while retaining jurisdiction is in the best interest of the child.
3.3. THE COURT ORDERS the Department to transition the child from substitute
care to the parent, pursuant to the following schedule:
3.3.1. Child shall continue with counseling until successful discharge
3.3.2. Parents shall continue working their Phase II and Phase III services until
successful completion
3.3.3. Parents shall refrain from illegal narcotics, alcohol, and non-prescribed
medication
3.3.4. Parents shall refrain from criminal activity
Permanency Hearing Order 21-0772-D / 321ST
Page 3 SMITH County
3.3.5. All parties shall refrain from making any disparaging comments or remarks
in the presence of the minor child of the parties, or within the hearing of the
child, or allowing third persons to make such comments or statements,
which comments or statements might tend to undermine the love and
affection that the child feels for the other party, or which comments,
statements, or remarks might tend to reflect adversely on the parenting
abilities of the other party.
3.3.6. All parties shall have no contact with WELDON NASH MILLER and the
child shall have no contact with WELDON NASH MILLER until further
court orders.
3.4. THE COURT FURTHER ORDERS the parent to complete the remaining
requirements imposed under a service plan that are necessary for the child’s return
as hereby specified:
3.4.1. Complete Phase II and Phase III services until successful discharge
3.5. IT IS THEREFORE ORDERED that the Department shall continue to serve as
Temporary Managing Conservator of HAYDEN WILCOX, shall monitor the
placement to the ensure the child is in a safe environment and shall, if circumstances
indicate the home is no longer a safe environment, move the HAYDEN WILCOX
from the home of JAMIE PHELPS or seek a temporary order terminating the
transition order.
3.6. 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.
3.7. 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.
3.8. The Court finds that HAYDEN WILCOX is not receiving psychotropic
medication.
3.9. The Court has reviewed the visitation plan or any amended visitation plans filed by
the Department, pursuant to § 263.306, Texas Family Code.
3.10. 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.
3.11. 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.
Permanency Hearing Order 21-0772-D / 321ST
Page 4 SMITH County
3.12. The Court finds that HAYDEN WILCOX is attending kindergarten and has
determined whether there have been major changes in the child's school
performance and whether there have been serious disciplinary events.
3.13. 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.
3.14. 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:
See Permanency Report filed with the Court
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
3.15. The Court finds that no other plans or services are needed to meet the child’s special
needs or circumstances.
4. Visitation Plan: ASHLEAGH WILCOX
4.1. IT IS ORDERED that, except as specifically modified by this order or any
subsequent order, the visitation plan for ASHLEAGH WILCOX, 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 this Court.
4.2. IT IS ORDERED that the visitation plan issued by this Court shall continue in full
force and effect subject to the following modifications:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
5. Visitation Plan: JAMIE PHELPS
5.1. IT IS ORDERED that, except as specifically modified by this order or any
subsequent order, the visitation plan for JAMIE PHELPS, 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 this Court.
5.2. IT IS ORDERED that the visitation plan issued by this Court shall continue in full
force and effect subject to the following modifications:
Permanency Hearing Order 21-0772-D / 321ST
Page 5 SMITH County
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
6. Orders
6.1. IT IS ORDERED that, except as specifically modified by this order or any
subsequent order, the plan of service for the parents, previously 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.
6.2. IT IS ORDERED that all previous orders issued by this Court shall continue
subject to the following modifications:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
6.3. 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
6.4. IT IS ORDERED that JAMIE PHELPS is authorized to consent to medical care
for the subject child, pursuant to § 266.004(b)(1), Texas Family Code. This
authorization is limited to the provision of medical care services provided by the
Medicaid program. At the request of the Department, the named individual shall
provide to the Department a written summary of the medical care provided to the
subject child since the last hearing.
7. Mediation
7.1. IT IS ORDERED that this case is referred to mediation.
7.2. IT IS FURTHER ORDERED that all named parties shall be present during the
entire mediation process. Counsel and parties are ORDERED to proceed in a
good-faith effort to try to resolve this case and shall agree on a mediation date. If
no agreed date can be scheduled, the mediator shall select a date for the mediation
and all parties are ORDERED to appear as directed by the mediator. Any date so
scheduled by the mediator is incorporated in this Order as the date on which the
mediation shall occur. Mediation to be held no later than June 7, 2022.
Permanency Hearing Order 21-0772-D / 321ST
Page 6 SMITH County
7.3. IT IS FURTHER ORDERED that a representative of the Texas Department Of
Family and Protective Services who has final decision-making authority shall be
present.
7.4. Referral to mediation is not a substitute for trial, and the case will be tried if not
settled.
8. Dismissal Date and Hearing Dates
8.1. IT IS THEREFORE ORDERED, pursuant to § 263.403, Texas Family Code, that
this suit shall be automatically dismissed without a court order on July 4, 2022,
unless a trial has commenced by that date, or the child is placed in or removed from
a monitored placement pursuant to § 263.403 prior to that date.
8.2. Pursuant to § 263.305, Texas Family Code, the Court determines that the
Permanency Hearing Before Final Order is set on April 21, 2022, at 10:00 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 June 7, 2022 at 10:00 a.m. in
the 321st Judicial District Court of SMITH County in TYLER, Texas.
SIGNED this _____ day of _______________, 2022.
JUDGE PRESIDING
Permanency Hearing Order 21-0772-D / 321ST
Page 7 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 PERMANENCY HEARING ORDER BEFORE FINAL ORDER On January 6, 2022, a 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 JADE STARKEY , 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 BY 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 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 demonstrated adequate and appropriate compliance with the service plan. 2.5.2. JAMIE PHELPS has 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; attend scheduled visitation and follow general visitation rules __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 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. Placement and Services: HAYDEN WILCOX 3.1. The Court finds that HAYDEN WILCOX is placed with a relative or other designated caregiver. 3.2. The Court finds that placing HAYDEN WILCOX in the home of JAMIE PHELPS while retaining jurisdiction is in the best interest of the child. 3.3. THE COURT ORDERS the Department to transition the child from substitute care to the parent, pursuant to the following schedule: 3.3.1. Child shall continue with counseling until successful discharge 3.3.2. Parents shall continue working their Phase II and Phase III services until successful completion 3.3.3. Parents shall refrain from illegal narcotics, alcohol, and non-prescribed medication 3.3.4. Parents shall refrain from criminal activity Permanency Hearing Order 21-0772-D / 321ST Page 3 SMITH County 3.3.5. All parties shall refrain from making any disparaging comments or remarks in the presence of the minor child of the parties, or within the hearing of the child, or allowing third persons to make such comments or statements, which comments or statements might tend to undermine the love and affection that the child feels for the other party, or which comments, statements, or remarks might tend to reflect adversely on the parenting abilities of the other party. 3.3.6. All parties shall have no contact with WELDON NASH MILLER and the child shall have no contact with WELDON NASH MILLER until further court orders. 3.4. THE COURT FURTHER ORDERS the parent to complete the remaining requirements imposed under a service plan that are necessary for the child’s return as hereby specified: 3.4.1. Complete Phase II and Phase III services until successful discharge 3.5. IT IS THEREFORE ORDERED that the Department shall continue to serve as Temporary Managing Conservator of HAYDEN WILCOX, shall monitor the placement to the ensure the child is in a safe environment and shall, if circumstances indicate the home is no longer a safe environment, move the HAYDEN WILCOX from the home of JAMIE PHELPS or seek a temporary order terminating the transition order. 3.6. 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. 3.7. 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. 3.8. The Court finds that HAYDEN WILCOX is not receiving psychotropic medication. 3.9. The Court has reviewed the visitation plan or any amended visitation plans filed by the Department, pursuant to § 263.306, Texas Family Code. 3.10. 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. 3.11. 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. Permanency Hearing Order 21-0772-D / 321ST Page 4 SMITH County 3.12. The Court finds that HAYDEN WILCOX is attending kindergarten and has determined whether there have been major changes in the child's school performance and whether there have been serious disciplinary events. 3.13. 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. 3.14. 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: See Permanency Report filed with the Court __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 3.15. The Court finds that no other plans or services are needed to meet the child’s special needs or circumstances. 4. Visitation Plan: ASHLEAGH WILCOX 4.1. IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the visitation plan for ASHLEAGH WILCOX, 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 this Court. 4.2. IT IS ORDERED that the visitation plan issued by this Court shall continue in full force and effect subject to the following modifications: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 5. Visitation Plan: JAMIE PHELPS 5.1. IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the visitation plan for JAMIE PHELPS, 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 this Court. 5.2. IT IS ORDERED that the visitation plan issued by this Court shall continue in full force and effect subject to the following modifications: Permanency Hearing Order 21-0772-D / 321ST Page 5 SMITH County __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 6. Orders 6.1. IT IS ORDERED that, except as specifically modified by this order or any subsequent order, the plan of service for the parents, previously 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. 6.2. IT IS ORDERED that all previous orders issued by this Court shall continue subject to the following modifications: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 6.3. 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 6.4. IT IS ORDERED that JAMIE PHELPS is authorized to consent to medical care for the subject child, pursuant to § 266.004(b)(1), Texas Family Code. This authorization is limited to the provision of medical care services provided by the Medicaid program. At the request of the Department, the named individual shall provide to the Department a written summary of the medical care provided to the subject child since the last hearing. 7. Mediation 7.1. IT IS ORDERED that this case is referred to mediation. 7.2. IT IS FURTHER ORDERED that all named parties shall be present during the entire mediation process. Counsel and parties are ORDERED to proceed in a good-faith effort to try to resolve this case and shall agree on a mediation date. If no agreed date can be scheduled, the mediator shall select a date for the mediation and all parties are ORDERED to appear as directed by the mediator. Any date so scheduled by the mediator is incorporated in this Order as the date on which the mediation shall occur. Mediation to be held no later than June 7, 2022. Permanency Hearing Order 21-0772-D / 321ST Page 6 SMITH County 7.3. IT IS FURTHER ORDERED that a representative of the Texas Department Of Family and Protective Services who has final decision-making authority shall be present. 7.4. Referral to mediation is not a substitute for trial, and the case will be tried if not settled. 8. Dismissal Date and Hearing Dates 8.1. IT IS THEREFORE ORDERED, pursuant to § 263.403, Texas Family Code, that this suit shall be automatically dismissed without a court order on July 4, 2022, unless a trial has commenced by that date, or the child is placed in or removed from a monitored placement pursuant to § 263.403 prior to that date. 8.2. Pursuant to § 263.305, Texas Family Code, the Court determines that the Permanency Hearing Before Final Order is set on April 21, 2022, at 10:00 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 June 7, 2022 at 10:00 a.m. in the 321st Judicial District Court of SMITH County in TYLER, Texas. SIGNED this _____ day of _______________, 2022. JUDGE PRESIDING Permanency Hearing Order 21-0772-D / 321ST Page 7 SMITH County