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Judge names department temporary managing conservator, adjudicates Patrick Muhendo father of child in High Plains hearing

2148514 · January 24, 2025
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Summary

In a virtual High Plains Child Protection Court hearing, the presiding judge found evidence sufficient to place 4‑year‑old Karen Muska with the child welfare department, adjudicated Patrick Muhendo as her father and ordered supervised therapeutic contacts while the department pursues an interstate home‑study for the father.

Presiding Judge in High Plains Child Protection Court on Jan. 23 ordered the Texas child‑welfare department to serve as temporary managing conservator of 4‑year‑old Karen Muska and adjudicated Patrick Muhendo as the child’s legal father, saying the evidence presented in the hearing supported both steps.

The ruling followed testimony that Karen reported being hit repeatedly and that a prior child‑welfare investigation had occurred; the judge said there was a continuing danger to return the child to the mother and that the department lacked enough information about the father’s Tennessee home to release the child to him immediately.

The judge opened the decision by saying, “I find the evidence is sufficient to name the department as temporary managing conservator of the child,” and added that the department must use reasonable efforts to reunify the family. The judge also ordered that mother receive therapeutic visits “as soon as we get that set up,” and allowed supervised visits with Muhendo to be scheduled, noting visits would likely be virtual unless he can travel to the jurisdiction.

Why it matters: the court’s orders control where the child will live and how parents may have contact while the department conducts safety and placement work. The orders also start an administrative process — including an interstate home‑study under the Interstate Compact on the Placement of Children (ICPC) — that could allow Muhendo, who lives in Knoxville, Tennessee, to pursue custody if that study clears his home.

What the record shows - Caseworker Ashley Delgado testified that Karen reported being hit multiple times on the day she received a red note from school and described being struck with a hand and a “silver stick.” Delgado testified she had previously received a report about Karen in October 2023 involving alleged domestic violence and injuries; arrest followed in that earlier matter but charges were later dropped. Delgado said the child made outcries consistent with the injuries observed. - The child’s mother, Francine Caboo, testified she disciplined Karen after the school red note and denied seeing injuries the next day. The mother acknowledged she understood she was to be supervised 24/7 when caring for the children but said a supervising adult left the house briefly on Dec. 23, 2024. - Patrick Muhendo, who told the court he lives in Knoxville, Tennessee, said Karen knows him as her father and said he does not want genetic testing; the judge explained that if he declines testing the court may still name him the legal father and that such a determination is final.

Court directions and orders - Adjudication and conservatorship: The judge adjudicated Patrick Muhendo as the child’s father and established the parent–child relationship; the court named the child‑welfare department as temporary managing conservator and found a continuing danger to returning the child to the mother. - Visits and services: The court ordered therapeutic visits for the mother to begin once set up and permitted supervised visits with the father; the judge noted the therapist can recommend changes and that scheduled supervised visits with Muhendo may be virtual unless he can travel. The court also directed the department to use reasonable reunification efforts. - ICPC and home study: The judge ordered initiation of an ICPC home study for Muhendo’s Tennessee residence to assess whether placement with him would be appropriate. - Financial/support orders: The judge declined to order child support or medical support by either parent at this time so that parents can use resources for services and activities ordered by the court. - Next hearing: The court set a status hearing for Feb. 20, 2025, at 9 a.m.

What was not decided or remains unresolved - The ICPC home study must be completed before the court can place the child with the father in Tennessee; the judge explicitly said the court did not yet know enough about the father’s home. The department’s reunification efforts were ordered but not completed; no permanent placement decision was made.

Attribution and evidence Direct quotations and characterizations in this article come from the court record and the following participants: Presiding Judge; caseworker Ashley Delgado; mother Francine Caboo; and Patrick Muhendo. Examples of source testimony include Delgado’s description of Karen’s outcry and the judge’s ruling that the department be named temporary managing conservator.

Looking ahead The department will proceed with the ICPC home study and with arranging therapeutic supervised contact. The parties were told to remain in contact with their attorneys and the assigned caseworker; the court will revisit the case at the Feb. 20, 2025 status hearing at 9 a.m.