Judge finds putative father unknown; infant to remain in foster placement as reunification continues

LENAWHATEVER — At a permanency-review hearing before the Lenawee County Probate & Juvenile Court, the judge declared the putative father to be "unknown" based on affidavits of publication and ordered that finding to be reflected in the court record; the child will remain in the current foster placement while reunification efforts continue.

Carson Howitt, the guardian ad litem, told the court he met the child on Jan. 14 and that "she's doing really well in this placement," noting experienced foster caregivers and older foster siblings who provide support. The court accepted a court report from foster-care worker Brandy Delagarza that listed reunification as the permanency goal and identified several barriers the mother must address.

Delagarza told the court the main obstacles to reunification are a history of substance abuse, unsafe housing, untreated mental-health concerns and parenting skills. She reported a drug-screen result dated Jan. 22 that "does state that she tested positive for THC, but nothing else," and said the agency is conducting weekly testing when the mother comes for supervised parenting time.

Defense attorney Michael McFarland pressed the agency on testing procedures and on whether the mother's recent medical leave could implicate the Americans with Disabilities Act. "It sounds as though that probably trigger[s] the Americans with Disabilities Act because she was disabled and unable to attend visits," McFarland said; Delagarza replied she had no documentation in the record showing a long-term disability that would alter the case plan.

Delagarza described additional concerns from a home safety assessment, citing cat litter on the floor, a makeshift PVC-pipe crib that appeared unstable and small objects such as coins reachable by the infant. She said the agency had completed relative-safety assessments and denied the child's maternal stepfather and maternal mother as potential relative placements because of housing concerns and an extensive CPS history.

On services, Delagarza told the court the mother has been attending parenting education through Orchards and also received parenting education via CPC beginning Nov. 17; the agency has offered supervised parenting time three times per week for two hours and is exploring ways to add make-up hours missed for medical reasons. The worker said she had not yet verified the mother's ongoing therapy provider and requested releases so the agency could obtain monthly updates about attendance and progress.

Tasha Thomas, counsel for the department, informed the court she provided proof of publication in Monroe and Lenoir counties and asked the court to find the putative father could not be determined. After noting the affidavits were in the file, the judge stated the court would declare an unknown putative father and that the order would reflect that finding.

The judge said reasonable efforts toward reunification are in place but that a continuing risk of harm remains. "The child will remain in her placement. That is the safest and least restrictive under the circumstances," the judge said. The court instructed the parties that the mother should continue to work on housing, parenting-time skill-building, sobriety and mental-health treatment as prerequisites for expanded or unsupervised parenting time.

The court set the next review and permanency-planning hearing for April 21 at 1:30 p.m. and discussed a subsequent July 21 date at 1:30 p.m.; the parties confirmed availability for April 21. The child will remain in the current foster placement pending further review.

What the court decided: the putative father was declared unknown based on published notice and the child will remain in foster care while reunification services continue. The court scheduled the next review for April 21 at 1:30 p.m.