Preview
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 21-0734-D
IN THE INTEREST OF § IN THE DISTRICT COURT OF
CARTER SCHOOLCRAFI‘ g SMITH COUNTY, TEXAS
A CHILD g 321 JUDICIAL DISTRICT
PERMANENCY HEARING ORDER BEFORE FINAL ORDER
On January 13, 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 LAMEISHA ERWIN, caseworker, and by attorney, JESSICA
WORTHAM and announced ready.
1.2. Respondent Mother, DESTINY CAMPBELL-MORRIS appeared in person and
through attorney ofrecord JENNIFER DEEN and announced ready.
1.3. Respondent Presumed Father, BRAYDEN SCHOOLCRAFT, fath_e_of
CARTER SCHOOLCRAFI‘ appeared in person and through attorney of record
AMY DAUGHTREY and announced ready.
1.4. KAREN BRETZKE, appointed by the Court as Attorney Ad Litem of the child
the subject ofthis suit, appeared and announced ready.
1.5. Also
Appeal-mm
1. Findings
2.1. The Court, having reviewed the pleadings and considered all evidence and
information required by law, including all service plans and Permanency Progess
Reports led by the Department, nds that all necessary prerequisites of the law
Pammenq Hum—res 210734-0132:
Page: SMITH Cum
have been satised, that this Court has jurisdiction over this cause, and that the
following orders are inthe 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 identied 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 nds that the Department has made
reasonable efforts, as identied in its service plans and/or Permanency Progess
Reports, to nalize the permaneng plan that is in e'ect for each child.
The Court nds that all persons entitled to notice under § 263.0021, Texas Family
Code, have been notied.
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, alieged father, or relative of the child. The Court has irther
reviewed the efforts of the parent. alleged father or rel_ative before the Court in
providing infggnatggn ngggsa' to logatg anoter absent parent. alleged famer 9r
relative ofthe child pursuant to §263.306 (a-l 112KB}, Texas Family Code.
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 ofthe child in foster care, and nds
that:
2.5.1. DESTINY CAMPBELL-MORRIS has/has not demonstrated adequate
and appropriate compliance with the service plan.
2.5.2. BRAYDEN SCHOOLCRAFT has/has not demonstrated adequate and
appropriate compliance with the service plan.
2.6. The Court nds that no further plans, services or temporary orders other than as
specied herein are necessary to ensure that a nal order is rendered before the
dismissal date of this suit.
2.7. THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT
EACH 0F 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.
Fortunate, Healing Outer 21-07340 I 321
Page 2 sun-rm
Comply with service plan and orders of the court; refrain from drug/alcohol use;
refrain om criminal activity; maintain contact with caseworker and notify
Depamncnt of any addrcssfphone 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 ha inquired whether the child or the child's family has Native American
heritage and identied any Native American tribe with which the child may be
associated.
3. Continuing Danger to the Physical Health or Safety ol' the child
3.1. The Court nds that there is a continuing danger to the physical health or safety of
the child; and returning CARTER SCHOOLCRAFI‘ to DESTINY
CAMPBELL-MORRIS is contrary to the welfare of the child.
3.2. The Court nds that there is a continuing danger to the physical health or safety of
the child; and returning CARTER SCHOOLCRAFI’ to BRAYDEN
Placement and Services: CARTER SCHOOLCRAFT
4.1. The Court nds that CARTER SCHOOLCRAFT is not placed with a relative or
other desigiated caregiver.
4.2. The Court nds that neither the child's parents nor any other person or entity
entitled to service under Chapter [02, Texas Family Code is willing and able to
provide the child CARTER SCHOOLCRAFT with a safe environment, and
therefore return ofthe child to a parent or other person or entity is not in the child’s
best interest.
4.2.1. The Court nds that the child continues to need substitute care and the
child's current placement is appropriate for the child's needs.
4.3. The Court nds that the Department has asked CARTER SCHOOLCRAFT, in a
developmentally appropriate manner. to identify any adult, particularly an adult
residing in the child's community, who could be a relative carey'ver or desigiated
caregiver for the child.
Pentium Huang Old: 21-07340 I 321
Page! SW County
4.4. The Court nds that CARTER SCHOOLCRAFI‘ has been provided the
opportunity, in a developmentally appropriate manner toexpress the child'sopinion
on the medical care provided.
4.5. The Court nds that CARTER SCHOOLCRAFI‘ is not receiving psychotropic
medication.
4.6. The Court has reviewed the visitation plan or any amended visitation plans led by
the Department, pursuant to § 263.306, Texas Family Code.
4.7. The Court has reviewed the Department's efforts to ensure that CARTER
SCHOOLCRAFI' has the opportunity to engage in age appropriate normalcy
activities, including activities not listed in CARTER SCHOOLCRAFT'S service
plan.
4.8. The Court nds that the Department has identied an education decision-maker for
CARTER SCHOOLCRAFT, as required by § 263.004, Texas Family Code, and
CARTER SCHOOLCRAFT'S education needs and goals have been identied
and addressed.
4.9. The Court nds that CARTER SCHOOLCRAFI‘ is too young to attend school.
4.l0. The Court has reviewed the appropriateness of the primary and alternate
permanency goal for the child and nds that CARTER SCHOOLCRAFT'S
permanency goal is Family Reunication.
4.! l. The Court nds that a health care professional has been consulted regarding a
health care service. procedure, or treatment for CARTER SCHOOLCRAFI‘. The
Court accepts the recommendation of the health care professional for the following
reason: Please see Permanency Report.
4.12. The Court nds that CARTER SCHOOLCRAF!‘ is placed in a foster home.
4.l 3. The Court nds that no other plans or services are needed to meet the child’s special
needs or circumstances.
5. Visitation Plan: DESTINY CAM PBELL-MORRIS
5.1. The Court nds that visitation between CARTER SCHOOLCRAFI‘ and
DESTINY CAMPBELL-MORRIS must be supervised to protect the health and
safety of CARTER SCHOOLCRAFI‘. The Court further nds that DESTINY
CAMPBELL-MORRIS must take the following specic steps to have level of
supervision reduced:
Comply with service plan and orders of the court; refrain 'om druglalcohol use;
refrain from criminal activig; maintain contact with caseworker and noti
Department of any address/phone number change immediately; follow
recommendations of treatment providers; submit to random drug testing;
Pemney Hearing Order 21-073401321
Page 4 SM'n-l County
6. Visitation Plan: BRAYDEN SCHOOLCRAFT
6.1. The Court nds that visitation between CARTER SCHOOLCRAFI‘ and
BRAYDEN SCHOOLCRAFT must be supervised to protect the health and safety
of CARTER SCHOOLCRAFI‘. The Court further nds that BRAYDEN
SCHOOLCRAFI‘ must take the following specic steps to have level of
supervision reduced:
Comply with service plan and orders of the court; refrain 'om dmglalcohol use;
re’ain from criminal activig; maintain contact with caseworker and noti
Department of any address/phone number change immediately; follow
recommendations of treatment providers; submit to random drug testing;
7. Orders
7.1. IT [S ORDERED that, except as specically modied by this order or any
subsequent order, the visitation plan for CARTER SCHOOLCRAFT, led with
the Court and incorporated herein by reference as ifthe same were
copied verbatim
in this order, is APPROVED and made an ORDER of the Court.
IT [S ORDERED that, in addition to the rights and duties listed in § 153.37],
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 l1, 2022.
8.2. 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 23, 2022 at 09:00 am.
in the 321 Judicial District Court of SMITH County in TYLER, Texas.
SIGNED this day of ,2022.
JUDGE PRESIDING
Healing Otda 2107340 l 321
:Itlmsnency
'90 SMITH County
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 21-0734-D IN THE INTEREST OF § IN THE DISTRICT COURT OF CARTER SCHOOLCRAFI‘ g SMITH COUNTY, TEXAS A CHILD g 321 JUDICIAL DISTRICT PERMANENCY HEARING ORDER BEFORE FINAL ORDER On January 13, 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 LAMEISHA ERWIN, caseworker, and by attorney, JESSICA WORTHAM and announced ready. 1.2. Respondent Mother, DESTINY CAMPBELL-MORRIS appeared in person and through attorney ofrecord JENNIFER DEEN and announced ready. 1.3. Respondent Presumed Father, BRAYDEN SCHOOLCRAFT, fath_e_of CARTER SCHOOLCRAFI‘ appeared in person and through attorney of record AMY DAUGHTREY and announced ready. 1.4. KAREN BRETZKE, appointed by the Court as Attorney Ad Litem of the child the subject ofthis suit, appeared and announced ready. 1.5. Also Appeal-mm 1. Findings 2.1. The Court, having reviewed the pleadings and considered all evidence and information required by law, including all service plans and Permanency Progess Reports led by the Department, nds that all necessary prerequisites of the law Pammenq Hum—res 210734-0132: Page: SMITH Cum have been satised, that this Court has jurisdiction over this cause, and that the following orders are inthe 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 identied 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 nds that the Department has made reasonable efforts, as identied in its service plans and/or Permanency Progess Reports, to nalize the permaneng plan that is in e'ect for each child. The Court nds that all persons entitled to notice under § 263.0021, Texas Family Code, have been notied. 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, alieged father, or relative of the child. The Court has irther reviewed the efforts of the parent. alleged father or rel_ative before the Court in providing infggnatggn ngggsa' to logatg anoter absent parent. alleged famer 9r relative ofthe child pursuant to §263.306 (a-l 112KB}, Texas Family Code. 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 ofthe child in foster care, and nds that: 2.5.1. DESTINY CAMPBELL-MORRIS has/has not demonstrated adequate and appropriate compliance with the service plan. 2.5.2. BRAYDEN SCHOOLCRAFT has/has not demonstrated adequate and appropriate compliance with the service plan. 2.6. The Court nds that no further plans, services or temporary orders other than as specied herein are necessary to ensure that a nal order is rendered before the dismissal date of this suit. 2.7. THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT EACH 0F 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. Fortunate, Healing Outer 21-07340 I 321 Page 2 sun-rm Comply with service plan and orders of the court; refrain from drug/alcohol use; refrain om criminal activity; maintain contact with caseworker and notify Depamncnt of any addrcssfphone 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 ha inquired whether the child or the child's family has Native American heritage and identied any Native American tribe with which the child may be associated. 3. Continuing Danger to the Physical Health or Safety ol' the child 3.1. The Court nds that there is a continuing danger to the physical health or safety of the child; and returning CARTER SCHOOLCRAFI‘ to DESTINY CAMPBELL-MORRIS is contrary to the welfare of the child. 3.2. The Court nds that there is a continuing danger to the physical health or safety of the child; and returning CARTER SCHOOLCRAFI’ to BRAYDEN Placement and Services: CARTER SCHOOLCRAFT 4.1. The Court nds that CARTER SCHOOLCRAFT is not placed with a relative or other desigiated caregiver. 4.2. The Court nds that neither the child's parents nor any other person or entity entitled to service under Chapter [02, Texas Family Code is willing and able to provide the child CARTER SCHOOLCRAFT with a safe environment, and therefore return ofthe child to a parent or other person or entity is not in the child’s best interest. 4.2.1. The Court nds that the child continues to need substitute care and the child's current placement is appropriate for the child's needs. 4.3. The Court nds that the Department has asked CARTER SCHOOLCRAFT, in a developmentally appropriate manner. to identify any adult, particularly an adult residing in the child's community, who could be a relative carey'ver or desigiated caregiver for the child. Pentium Huang Old: 21-07340 I 321 Page! SW County 4.4. The Court nds that CARTER SCHOOLCRAFI‘ has been provided the opportunity, in a developmentally appropriate manner toexpress the child'sopinion on the medical care provided. 4.5. The Court nds that CARTER SCHOOLCRAFI‘ is not receiving psychotropic medication. 4.6. The Court has reviewed the visitation plan or any amended visitation plans led by the Department, pursuant to § 263.306, Texas Family Code. 4.7. The Court has reviewed the Department's efforts to ensure that CARTER SCHOOLCRAFI' has the opportunity to engage in age appropriate normalcy activities, including activities not listed in CARTER SCHOOLCRAFT'S service plan. 4.8. The Court nds that the Department has identied an education decision-maker for CARTER SCHOOLCRAFT, as required by § 263.004, Texas Family Code, and CARTER SCHOOLCRAFT'S education needs and goals have been identied and addressed. 4.9. The Court nds that CARTER SCHOOLCRAFI‘ is too young to attend school. 4.l0. The Court has reviewed the appropriateness of the primary and alternate permanency goal for the child and nds that CARTER SCHOOLCRAFT'S permanency goal is Family Reunication. 4.! l. The Court nds that a health care professional has been consulted regarding a health care service. procedure, or treatment for CARTER SCHOOLCRAFI‘. The Court accepts the recommendation of the health care professional for the following reason: Please see Permanency Report. 4.12. The Court nds that CARTER SCHOOLCRAF!‘ is placed in a foster home. 4.l 3. The Court nds that no other plans or services are needed to meet the child’s special needs or circumstances. 5. Visitation Plan: DESTINY CAM PBELL-MORRIS 5.1. The Court nds that visitation between CARTER SCHOOLCRAFI‘ and DESTINY CAMPBELL-MORRIS must be supervised to protect the health and safety of CARTER SCHOOLCRAFI‘. The Court further nds that DESTINY CAMPBELL-MORRIS must take the following specic steps to have level of supervision reduced: Comply with service plan and orders of the court; refrain 'om druglalcohol use; refrain from criminal activig; maintain contact with caseworker and noti Department of any address/phone number change immediately; follow recommendations of treatment providers; submit to random drug testing; Pemney Hearing Order 21-073401321 Page 4 SM'n-l County 6. Visitation Plan: BRAYDEN SCHOOLCRAFT 6.1. The Court nds that visitation between CARTER SCHOOLCRAFI‘ and BRAYDEN SCHOOLCRAFT must be supervised to protect the health and safety of CARTER SCHOOLCRAFI‘. The Court further nds that BRAYDEN SCHOOLCRAFI‘ must take the following specic steps to have level of supervision reduced: Comply with service plan and orders of the court; refrain 'om dmglalcohol use; re’ain from criminal activig; maintain contact with caseworker and noti Department of any address/phone number change immediately; follow recommendations of treatment providers; submit to random drug testing; 7. Orders 7.1. IT [S ORDERED that, except as specically modied by this order or any subsequent order, the visitation plan for CARTER SCHOOLCRAFT, led with the Court and incorporated herein by reference as ifthe same were copied verbatim in this order, is APPROVED and made an ORDER of the Court. IT [S ORDERED that, in addition to the rights and duties listed in § 153.37], 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 l1, 2022. 8.2. 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 23, 2022 at 09:00 am. in the 321 Judicial District Court of SMITH County in TYLER, Texas. SIGNED this day of ,2022. JUDGE PRESIDING Healing Otda 2107340 l 321 :Itlmsnency '90 SMITH County