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Mother enters no-contest plea in Lenawee County juvenile case; initial disposition set for Feb. 7

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Summary

At an adjudication hearing in Lenawee County Probate & Juvenile Court, Victoria DeHart entered a no-contest plea and the court accepted the petition as the factual basis for adjudication; the child remains placed with relatives and an initial disposition hearing is scheduled for Feb. 7 at 2:30 p.m.

Victoria DeHart, the mother of one minor child, entered a no-contest plea at an adjudication hearing held before the Lenawee County Probate & Juvenile Court. The court stated it would rely on the petition dated Sept. 20, 2024, as the factual basis for adjudication and directed staff to develop a case-services plan ahead of an initial disposition scheduled for Feb. 7 at 2:30 p.m.

The plea and related procedural matters matter because, as the court explained on the record, a no-contest plea waives rights to a trial and allows the court to consider the petition’s allegations as proven for adjudication and for any future termination proceedings. The hearing also addressed an ongoing inquiry under the Indian Child Welfare Act and evidence and documentation the court needs before disposition.

At the start of the hearing the court confirmed appearances. Sasha Thomas, counsel for the Department, told the court that CPS worker Jamie Frias was ill and on standby but not required to testify. Michael McFarland represented the mother, and Brandy Delagarza identified herself as the foster care worker from Fostering Solutions. The mother appeared remotely from jail and affirmed under oath that she understood the consequences of a no-contest plea.

The court explained on the record: “If I accept your plea, you’re giving up your right to a trial by judge or a trial by jury… the right to have witnesses appear against you and testify under oath at trial.” The mother replied that she understood. Defense counsel told the court the mother had completed some classes while in custody and had discussed a family-team approach and a case-services plan including psychological and drug evaluations, parenting classes, housing help and transportation assistance.

Department counsel and defense counsel stipulated to using the petition as the factual basis in lieu of live testimony from the worker. The court indicated it would accept the petition for that purpose and identified statutory provisions it would rely on in the adjudication record (referenced in the transcript as “MSCAL 712A.2, b”). The court also recorded that the child had been left with grandparents, that the mother had periods of absence and substance-related criminal charges, and that the maternal effort to retrieve the child had included a later physical altercation before the mother returned to custody.

Counsel discussed outstanding documentation for the record. Department counsel said an ICWA inquiry package was sent around Sept. 20 and that a memo had been lodged with the court around Sept. 25; the inquiry included certified-mail notices to six tribes and the Bureau of Indian Affairs. Defense counsel reported receiving an AOP (acknowledgment of parentage) in early October and said she could email that document to the parties; the court asked for a copy of a death certificate for the father, identified in the record as Tyler Hubbell, and for any tribal responses or denial letters before disposition.

The court scheduled an initial disposition for Friday, Feb. 7 at 2:30 p.m. and directed the parties and the assigned caseworker to continue preparing the case-services plan. The child will remain placed with relatives, the court said, while services and reunification steps are explored. A court order dated Dec. 5, 2024 (referenced in the hearing) had already recommended referral of the child and family to individual and family therapy that would include both sets of grandparents; counsel said that referral had not yet started but would be pursued.

What happens next: the caseworker and foster agency were asked to confirm ICWA inquiry receipts or any tribal responses, provide the AOP and the father’s death certificate if available, and finalize a proposed case-services plan for the Feb. 7 initial disposition. The court cautioned that, depending on progress, the plea and the petition could later be used in any future termination proceedings.