Legal Document: IN THE INTEREST OF H.W., A CHILD

On April 08, 2021 a 21-0772-D HW PERMANENCY REPORT TO THE COUT-TEMPORARY MANAGING CONSERVATORSHIP - Permanency Report to the Court was filed involving a dispute between The Department Of Family And Protective Services, Wilcox, Ashleagh Ruth, and Phelps, Jamie Dwayne, Wilcox, Ashleagh Ruth, for Modify - Other in the District Court of Smith County.

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Electronically Filed
9/14/2021 3:36 PM
Penny Clarkston, Smith County District Clerk
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Reviewed By: Daisy Duran

CAUSE NO. 21-0772-D

IN THE INTEREST OF § IN THE DISTRICT COURT
H.W.
§
§
§ SMITH COUNTY, TEXAS
A CHILD § 321ST JUDICIAL DISTRICT

PERMANENCY REPORT TO THE COURT - TEMPORARY MANAGING CONSERVATORSHIP

The Texas Department of Family and Protective Services ("the Department") represented by Kim McCurley, CVS
Specialist IV, presents this report regarding the permanency plan and the progress that has been made toward
ensuring that a final order consistent with this plan is rendered for the child (ren) who is the subject of this suit. The
court hearing is scheduled for September 23, 2021 at 2:30pm.

THE DISMISSAL DATE FOR THIS SUIT IS 04/11/2022

I. SUBJECT CHILD (REN)
Name and PID Number: Sex: Age: Date of Birth: Place of Birth:
Hayden Wilcox Male 5 12/31/2015 Gregg County, TX USA
PID: 103979658
Name of Current School: Initial Placement Date:
Brownsboro Elementary 04/08/2021
Current Placement Type: Date of Current Placement: County of Current Placement
Relative 06/11/2021 Henderson
Native American Child Status: No parent/ relative interviewed yet about possible
American Indian child status.
Child's possible Cherokee and Comanche American Indian child status reported by
Father, Jamie Phelps and Maternal Grandmother, Linda Wilcox, and is yet to be
determined.
Child's American Indian child status denied by name each parent, relative, other.
American Indian child status confirmed by Name Tribe.

II. PERSONS ENTITLED TO NOTICE OF THE HEARING

Ashleagh Wilcox Alicia Barkley
Respondent Mother Attorney for Mother
2403 Pine Tree Rd. Lot 419 217 W Houston St.
Longview, TX 75604 Tyler, TX 75702

Jamie Phelps Logan Sawyer
Respondent Father Attorney for Father
202 McClung Street 110 N. College Ave., Suite 1401

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Winona, TX 75792 Tyler, Texas 75702

Don Davidson Carol and Bobby Dyess
Attorney for child Relative Caregivers
PO Box 1105 On File with the Department
Tyler, TX 75710

Laci Murray Karen Crowell
Casa Supervisor Casa Volunteer
3616 Westway Street 3616 Westway Street
Tyler, TX 75703 Tyler, TX 75703

Jessica Wortham Kim McCurley
Attorney for the Department CVS Specialist IV
200 E. Ferguson St. #515 3303 Mineola Hwy.
Tyler, TX 75702 Tyler, TX 75702

Traphena Lipscomb
CPS Supervisor II
3303 Mineola Hwy.
Tyler, TX 75702

III. SERVICE OF PROCESS
PARENT DATE OF METHOD OF SERVICE IF PARENT HAS NOT BEEN SERVED,
SERVICE DESCRIBE THE EFFORTS MADE TO
SERVE THE PARENT.
Ashleagh 4/15/2021 Personal Service N/A
Wilcox
Jamie Phelps 4/15/2021 Personal Service N/A

IV. DUE DILIGENCE TO LOCATE ALL NECESSARY PARTIES
A. Parental Cooperation
All parents are cooperating.
B. The Department's Efforts to Locate Missing Parents
Both parents have been located and are in communication with the Department.

C. Notification of Relatives and Efforts to Notify Fictive Kin
Both parents returned the Caregiver Resource forms and identified relatives as support and possible
placement options for Hayden. When asked in a developmentally appropriate way about trusted adults for
placement options,Hayden did not vocalize anyone.

PERSON IDENTIFIED LOCATED? DID DFPS SEND A IF YES, DATE DFPS SENT
NOTIFICATION OF THE NOTIFICATION OF

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REMOVAL LETTER? REMOVAL LETTER
Patricia McNease Yes Yes 4/08/2021
Linda Wilcox Yes Yes 4/08/2021
Carol Dyess Yes Yes 5/14/2021

V. CURRENT LEGAL STATUS
The Department was appointed Temporary Managing Conservator of Hayden Wilcox on
April 08, 2021.

The Department recommends that:
The Department recommends that this suit be continued and that a dismissal date of
April 11, 2022 be set for this suit.

VI. HISTORY OF FAMILY’S INVOLVMENT WITH CHILD WELFARE:
A. Current Texas Department of Family and Protective Services Involvement:
DATE ALLEGATION VICTIM CHILD DESIGNATED DISPOSITION
PERPETRATOR
04/08/2021 Neglectful Hayden Ashleagh Reason to Believe
Supervision Wilcox Wilcox
04/08/2021 Neglectful Hayden Weldon Reason to Believe
Supervision Wilcox Nash Miller
04/08/2021 Neglectful Hayden James Wilcox Reason to Believe
Supervision Wilcox
04/08/2021 Physical Hayden Weldon Reason to Believe
Abuse Wilcox Nash Miller
04/08/2021 Sexual Abuse Hayden Weldon Unable to Determine
Wilcox Nash Miller
On April 8, 2021 regarding the neglectful supervision of 5-year-old, Hayden Wilcox,
by his maternal grandfather and his mother ‘s paramour. The report stated that on April 7,
2021, at approximately 5:00 PM, 5-year-old Hayden went missing while being cared for
by his mother’s paramour and her dad, and he was not found until the next morning at
approximately 7:43 AM sleeping in the woods, next to a pond. At the CAC Hayden made
an outcry to physical abuse by the mother’s paramour and domestic violence in the home
between his mother and her paramour. There is a no contact order from a prior disclosure
of domestic violence between Hayden’s biological father and his mother which states
father is not allowed contact with the child, Hayden was brought into care.

B. History of Involvement with DFPS and Other Child Welfare Agencies

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DATE ALLEGATION VICTIM DESIGNATED DISPOSITION AGENCY/STATE
CHILD PERPETRATOR
N/A

VII. SUMMARY OF CASE SINCE LAST COURT REVIEW

A. Well-Being of the Child

DATE OF RACE/ETHNICITY AS IDENTIFIED
CHILD SEX
BIRTH BY PARENT AND/OR CHILD
Hayden Wilcox Male 12/31/2015 Caucasian

1. Description of Child
Hayden is an active and engaging 5-year-old. He attends Kindergarten at his local
elementary school and says he really enjoys school and his teacher. Hayden enjoys
playing games, ball and spending time and feeding animals at his placment. Hayden has
experienced much trauma and is actively participating in trauma therapy which is
helping him process his trauma.

2. Permanency Plan
The Primary Permanency Goal is Family Reunification. The Department and team agree to
continue to work services with Hayden’s parents in hopes to achieve the concurrent goal of
family reunification.

The Concurrent Permanency Goal is Relative Adoption. The Department and team agree
that Relative Adoption would be in the best interest for Hayden. If Hayden’s parents cannot
complete services and provide him with a safe place and meet his basic needs, then he
needs to be with family

3. Child and Adolescent Needs and Strengths Assessment (CANS)

DATE CLINICIAN RECOMMENDATIONS

04/29/2021 Kimberly Clough Adjustment disorder with mixed
anxiety and depressed mood. Ms.
Clough recommends he begin
Individual counseling to address
his mental health needs and
concerns.

4. Placement
DATE OF SERVICE TYPE OF REASON CAREGIVER REQUESTED THE
PLACEMENT LEVEL PLACEMENT CHANGE IN PLACEMENT

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04/08/2021 Patricia Fictive Kin Placement requested move
McNease
06/11/2021 Carol and Paternal
Bobby Relative
Dyess

a) Extra-Curricular and Social Activities: Hayden enjoys riding his four-wheeler,
climbing, and playing in outdoor activities. He likes playing video games on his
tablet/electronic device, with toy cars and trucks, playing ball and the companionship
of dogs/animals at his placement. Hayden is allowed age appropriate play and
recreational activities indoor and or outdoor daily under monitored supervision of his
caregivers.

b) Kinship Verification and Permanency Care Assistance (If applicable)
Was the Kinship caregiver offered the opportunity to become Verified by a licensed
child-placing agency to qualify for Permanency Care Assistance benefits?
Yes
08/25/21
Did the Kinship caregiver decline the Verification process?
Caregiver did not decline
Was the Kinship caregiver made aware of the Permanency Care Assistance program?
Yes
08/25/21
Did the Kinship caregiver decline the Permanency Care Assistance Program?
Caregiver did not decline
Kinship Caregivers’ reason for declining Verification and/or Permanency Care
Assistance Program?
NA
If the Kinship caregiver declined Permanency Care Assistance Benefits, then what
date was the child-placing agency notified of the individual's decision to decline the
permanency care assistance benefits.
NA

4. Medical, Dental, Psychological, and Medication Information

The primary medical consenter for the child is Carol Dyess
The backup medical consenter for the child is Kim McCurley

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a) Medical
i. Date of last Texas Health Steps checkup: 05/03/2021
ii.Child’s Weight (in lbs.): 62 lbs
iii. Height: 4’
iv. Date of last vision exam: 06/21/21- Prescribed glasses
v. Current Medical concerns/recommendations: Continue with routine child well
exams. Continue routine asthma/allergy maintenance checkups.

b) Dental
i. Date of last dental: 05/12/21
ii. Current Dental concerns/recommendations: Continue with routine child well
dental exams.

c) Psychological
i. Therapy
Therapist: Camella Jones
Therapy Type: Individual Trauma Therapy
Dates/Frequency: Bi - Weekly

ii. Mental Health Assessments:
DATE EVALUATOR DIAGNOSIS RECOMMENDATIONS
INFORMATION
N/A
d) Medication
MEDICATION DOSAGE CONDITION/ SYMPTOM EXPECTED DATES OF ALL PRESCRIBING
DIAGNOSIS BEING BENEFITS OF MEDICAL PROFESSIONAL
TREATED THE APPOINTMENTS
MEDICATION WHERE
MEDICATION IS
REVIEWED
SINCE THE LAST
COURT
HEARING
Albuterol 2.5mg/ Asthma Asthma/ Decrease 0721/2021 Dr. Smith -
for 3ml Wheezing Wheezing PCP
Nebulizer
Lortadine 5mg/5 Allergies Allergies Manage 07/15/2021 Dr. Smith -
ml Allergies PCP
Azeleastine Hcl Allergies Allergies Manage 07/21/2021 Dr. Harris –
0.1% Allergies Allergy
Partners of
East Texas

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Flovent 44mcg Allergies Allergies Manage 07/21/2021 Dr. Harris -
HFA Allergies Allergy
Partners of
East Texas

Fluticasone Prop 50 Allergies Allergies Manage 07/21/2021 Dr. Harris -
Allergies Allergy
Partners of
East Texas

Albuterol 90 mcg Asthma Asthma Manage 07/21/2021 Dr. Harris -
Inhaler Asthma Allergy
Partners of
East Texas

Epinephrine 0.3 mg Allergic Allergic Emergency 07/21/2021 Dr. Harris -
Reaction Reaction Aid for Allergy
Allergic Partners of
Reactions East Texas

5. Education and Education Stability
The Education Decision-Maker for this child is Carol Dyess
The backup Education Decision-Maker for this child is Kim McCurley

ENROLLMENT NAME OF SCHOOL GRADE SCHOOL PERFORMANCE NUMBER OF SCHOOLS
DATE LEVEL ATTENDED SINCE
ENTERING CARE
08/18/2021 Brownsboro Elementary K Good 1

a) Significant Discipline Action: N/A

b) Supportive Educational Services and Special Education: N/A

c) Other identified school issues: N/A

B. Parental Progress

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Ashleagh Wilcox Amended Phase 1 Plan with the following tasks:

1. Immediately provide your caseworker with the child(ren)’s birth certificate(s) and social
security card(s).
Ms. Wilcox has provided the Department Hayden’s Birth Certificate and Social
Security Card.

2. Immediately schedule and participate in a meeting with your caseworker to provide
information regarding your child(ren), genetic and family history, and other information
needed by the Department to best provide for your child(ren) during this case.
Ms. Wilcox has met with worker and provided information regarding Hayden’s genetic
and family history, and other information needed by the Department to best provide for
Hayden during this case.

3. Abide by the ‘General Rules and Requirements’ attached to this Plan.
Ms. Wilcox will need to continue to abide by the General Rules and Requirements
attached to this plan.

4. Participate in individual counseling with Katrina Hines, located at 1800 Shiloh Road
Suite 200, Tyler, TX 75703 (903) 216-0414 , to provide an opportunity to explore more
fully how your life experiences have shaped your expectations and choices in life, to
explore childhood trauma and learn appropriate coping skills that manage mood, to learn
how intimate partner violence effects children, to learn age appropriate discipline skills,
learn appropriate parenting skills, expectations and responsibilities, to demonstrate an
ability to change patterns of behaviors that resulted in child neglect and to demonstrate an
understanding an understanding of how client’s history may affect her ability to parent on
a consistent basis.
Ms. Wilcox has participated and been successfully discharged from Individual
Counseling with Katrina Hines on 08/18/21.

5. Participate in parenting classes.
Ms. Wilcox has participated and successfully completed Nurturing Parents Parenting
Class with Methodist Children’s home on 09/01/21.

6. Receive permission to move to phase 2.
Ms. Wilcox will need to receive permission to move to Phase 2.

Jamie Phelps Amended Phase 1 Plan with the following tasks:

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2. Immediately schedule and participate in a meeting with your caseworker to provide
information regarding your child(ren), genetic and family history, and other information
needed by the Department to best provide for your child(ren) during this case.
Mr. Phelps has met with worker and provided information regarding Hayden’s genetic
and family history, and other information needed by the Department to best provide for
Hayden during this case.

3. Abide by the ‘General Rules and Requirements’ attached to this Plan.
Mr. Phelps will need to continue to abide by the General Rules and Requirements
attached to this plan.

4. Participate in and successfully complete Parenting Nurture classes at Methodist
Children’s Home.
Mr. Phelps is participating in Nurturing Parents Parenting Class with Methodist
Children’s home. He has missed a few classes due to COVID and is in the process of
making them up. Hopeful completion will be approximately in 3 weeks.

5. Receive permission to move to phase 2.
Mr. Phelps will need to receive permission to move to Phase 2.

GENERAL RULES AND REQUIREMENTS
1. VISITS WITH CHILD(REN): The caseworker shall provide each parent with a written
visitation schedule. Each parent shall attend every scheduled visit with his/her child(ren)
and shall not be more than 15 minutes late for any scheduled visit.
Ms. Wilcox has supervised visits with Hayden at Hairford Visitation Center on
Sundays 2pm-5pm. Visit notes are favorable. Camella Jones has also been present at
times to work with Ms. Wilcox and Hayden during visits. Worker has also observed
visits.
Mr. Phelps has supervised visits with Hayden at Caregiver’s home on Tuesdays and
Wednesdays 5:30-7pm. His visits are also favorable. Worker has also observed visits.

2. VISITATION RULES: Each parent will review and sign the rules of visitation
agreement provided by the Department. Each parent shall abide by the rules of visitation
during each visit with his/her child(ren).
Each parent shall continue to abide by visitation rules during their visitation times.

3. ADDRESS/PHONE NUMBER: Each parent shall ensure that, at all times, his/her
caseworker has a current address and phone number by which he/she may be located
and/or contacted.
Ms. Wilcox has recently moved to Longview and has provided her address and she has
provided a phone number by which she can be contacted by.

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Mr. Phelps has provided an address and phone number by which he may be contacted
by.

4. NO NEW CRIMINAL OFFENSES: Each parent shall not commit any new criminal
offenses which constitute a Class B Misdemeanor or greater.
Ms. Wilcox and Mr. Phelps have not committed any new criminal offenses.

5. PROBATION/PAROLE REQUIREMENTS (if applicable): If there is any active
probation/parole during the suit, a parent shall: 1) follow all of the rules/regulations
associated with his/her parole/probation 2) immediately provide his/her caseworker with
the probation/parole officer’s contact information and 3) sign any and all necessary
releases so that the Department and the probation/parole officer may share information.
Ms. Wilcox and Mr. Phelps deny they are on any probation or parole.

6. RANDOM DRUG TESTING: Each parent shall submit to drug testing (urinalysis, hair
follicle, oral swab, etc.) as requested by the Department within one (1) hour of said
request being communicated to him/her. Unless otherwise directed, the parent shall
immediately present, with proper picture identification, for drug testing at the Drug and
Alcohol Testing Compliance Services (D.A.T.C.S.) located at 3180 Park Center Dr.
Tyler, TX 75701 (903) 534-3893.

7. DEMONSTRATE SOBRIETY: Each parent shall demonstrate, through drug testing
and otherwise, during his/her case that he/she remains free from any and all illegal
substances, prescription medications for which he/she does not currently have a valid
prescription and/or any other mood altering substances such as alcohol, K2, etc.

*Please follow the recommendations of a medical professional regarding any detox
needs.*

Ashleagh Wilcox (Expires 08/31/21):
04/09/21- Negative Hair
04/26/21 – Negative Hair, UA & ETG
05/11/21 – Negative UA & ETG
05/21/21 – Negative UA & ETG
06/24/21 – Negative UA & ETG
07/20/21 – Negative UA & ETG
08/09/21 – Negative Hair, UA & ETG
08/27/21 – Negative UA & ETG

Jamie Phelps (Expires 08/18/21):
04/16/21 – Negative Hair & UA

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05/13/21 – Negative Hair & ETG
05/24/21 – Negative UA & ETG
06/24/21 - Negative UA & ETG
08/10/21 – Negative UA & ETG

8. NO ASSOCIATION WITH KNOWN CRIMINALS: Each parent shall not associate
with known criminals and shall not go to locations wherein criminal activity or drug use
is (or may be) occurring. “Known criminal” is defined as a person the parent (or a
reasonable person) has reason to believe that said person has engaged in (or is currently
engaging in) activities which would constitute the commission of a felony, assault and/or
drug related criminal offense.
Ms. Wilcox denies she is not associating with Weldon Nash Miller or any known
criminal. The Department has no proof of any association.
Mr. Phelps denies he associates with any known criminal. The Department has no
proof of any association.

9. CHILD SUPPORT: Each parent shall pay child support as ordered by the Court for the
subject child(ren) during his/her case.
Ms. Wilcox and Mr. Phelps will be court ordered to pay child support during their case.

10. RESIDING WITH OTHER PERSONS DURING CASE: Each parent shall not reside
with any other person at a personal residence during his/her case until background checks
have been run and such is approved by the Court in advance. Additionally, each parent
shall not reside with any person who is not fully complying with any and all services
being offered by the Department to said person.
Ms. Wilcox states she lives alone.
Mr. Phelps lives with his wife and their three other children.

11. HOME VISITS: Each parent shall allow his/her caseworker to enter his/her place of
residence to complete announced and/or unannounced home visits during his/her case.
Worker will conduct announced and unannounced visits throughout the case.

12. NO SUPERVISION OF CHILDREN DURING PHASE 1: No parent shall be
permitted to supervise any child under the age of 18.
Ms. Wilcox and Mr. Phelps are aware they are unable to supervise any children under
the age of 18.

13. ATTEND COURT HEARINGS/MEETINGS: Each parent shall attend all Court
hearings and meetings held by the Department for which said parent has received at least
three (3) days’ notice.
Ms. Wilcox and Mr. Phelps has and will need to continue to attend all Court hearings
and meetings held by the Department.

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14. COURT ORDERS: Each parent shall abide by all court orders during the case.
Ms. Wilcox and Mr. Phelps shall abide by all court orders during their case.

15. HONESTY: Each parent shall be honest, at all times, with the Court, the caseworker and
all service providers.
Ms. Wilcox and Mr. Phelps shall be honest at all times, with the Court, the caseworker
and all service providers.

VIII. RECOMMENDATIONS:
Services and Orders Needed
Ashleagh Wilcox DOB: 10/02/1996
Jamie Phelps: DOB: 09/21/1993

Based on the information gathered to date and the Department's assessment of the family, it is
respectfully recommended to the Court that:

1. The Texas Department of Family and Protective Services continue as Temporary
Managing Conservatorship of Hayden Wilcox;

2. That Hayden Wilcox’s placement be continued and approved;

3. That a Permanency hearing be held in four months.

4. That the recommendations listed above be made the order of the court

5. That the Family Plan of Service be made an order of the court.

Respectfully submitted:

Kim McCurley
Kim McCurley
Child Protective Services Specialist IV
Date: 09/14/2021

Approved by:

_______________________________
Traphena Lipscomb
Child Protective Services Supervisor II
Date: 09/14/2021

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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 57240398
Status as of 9/14/2021 3:47 PM CST

Associated Case Party: THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES