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Guardian ad litem recommends returning two younger children to mother; oldest proposed for release from court case
Summary
At a juvenile review hearing, the guardian ad litem reported progress for all children, recommended that the two younger children be transitioned to their mother’s care, and recommended releasing the oldest child and his father from the dependency case if a custody agreement is filed.
At a Linley County juvenile review hearing, Nicole Underwood, the guardian ad litem for the children, told the court that the three siblings have made progress and recommended transitioning the two younger children to the care of their mother while releasing the oldest child from the dependency case if a custody agreement appears in the custody file.
Underwood told the judge that the oldest child, referred to as L.A., "is thriving, being placed with dad" and that "he is doing very, very well." She said L.A. has formed a strong bond with his father and has adjusted to a new school. Regarding the two younger children, Underwood said they "have also made lots of progress, especially the daughter," noting work with a therapist identified in the report.
The nut graf: Underwood recommended transition because, in her view, the mother "has done very well and worked very hard to get herself in a place where she can take care of and keep her children safe," and visits with the mother have gone well. Underwood also recommended releasing Tyler Anderson and his child from the case once a custody agreement is placed in the custody file and continued therapy and services are in place.
In testimony that followed, both parents acknowledged the progress documented in the court report. Brianna Davis confirmed she has completed the services ordered in the child welfare plan and told the court she is ready to have the two younger children return to her home. Tyler Anderson (the father of the oldest child) said he expects to have primary residential time for L.A. during the school year and would allow mother liberal parenting time, and he said he would continue the child’s therapy or transition that care per therapist recommendations.
The court discussed next steps rather than entering a final order at the hearing. Judge comments on the record offered mediation as a venue for the parents to work out parenting-time and custody details and invited the parties to use a proposed stipulated order. Underwood said she could prepare a proposed stipulated order reflecting the parents' testimony for the parents to consider and sign.
Discussion vs. decision: Underwood’s recommendations were recorded as findings and recommendations to the court (discussion). The parents expressed willingness to pursue a stipulated custody document and mediation (directions). No signed, final custody order transferring legal jurisdiction was entered on the record during this hearing (formal action: none).
Background and next steps: the parties reported parallel divorce and custody litigation; Brianna Davis said a divorce hearing was rescheduled for Sept. 16. The court scheduled or noted further review and invited the parties to pursue mediation or a stipulated order to document agreed custody and parenting-time arrangements.
Ending: The court will consider Underwood’s recommendations at the next review or upon filing of a stipulated order; parents and counsel were directed to pursue mediation or settlement to document custody details.
