Professional Documents
Culture Documents
Case No.
15JC31
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APPEARANCES
The State of Kansas appeared by Ms. Bethany C.
Fields, Deputy Riley County Attorney, 105 Courthouse Plaza,
Manhattan, Kansas 66502-6017.
The mother, Ms. Amelia Schwab, appeared in person and
by Ms. Miranda Johnson, of the law office of Patrick Caffey,
P.A., 1014 Poyntz Avenue, Suite B, Manhattan, Kansas 66502.
The father, Raymond Schwab, appeared in person and by
Mr. Randy R. Debenham, of the Debenham Law Office, 3615 S.W.
29th Street, Topeka, Kansas 66614-2077.
The father,
Also appearing:
'he Se re ar y
lS
p r e sent
r.hroug6DanVel Deitrich,
THE COURT:
Miss Fields,
MS.
FIELDS:
State
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party status but I know also Miss Jordan has comments for the
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THE COURT:
Very well.
All right,
just to review a
September 9th.
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his motion,
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that were willing to take the cases and Mr. Debenham is here in
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the CINC case, and I'm looking for the list of names,
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MR. DEBENHAM:
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THE COURT:
Your Honor,
The
I can't
Here it is.
it's Rachel Hockenbarger.
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all aspects.
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have the report from St. Francis, and at this time we should
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maternal aun
Now,
When I
and
put in there
mistake,
it should have
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because
~~
is the
so
I haven't.
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MS.
FIELDS:
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THE COURT:
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MR.
DEBENHAM:
Debenham.
Your Honor, Mr. Schwab objects.
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interested party.
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placement, it would
to be allowed to be an
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proceeding already.
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so to speak.
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THE COURT:
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Very well.
heard?
MS.
FIELDS;
Your Honor,
children,
hearings,
the file,
the child has resided at any time who is within the fourth
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so to speak, Mr.
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children had lived with the maternal aunt at some point, and
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if not,
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party.
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afford it, she'll have to apply to the Court and fill out an
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wishes to be represented.
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is
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-,
Very well.
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MS. JORDAN:
IIIIIIII
living with him, but since then, he's had continuation of that.
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would have someone break into his house to kick his ass, and
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that he
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in time,
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he's expressed not only to the case workers but also to me that
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L- _____________________________________________________________________________
THE COURT:
JORDfu~:
them,
back from him as to why he had told them that, that he'd been
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threatened.
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THE COURT:
All right.
Well,
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take a look.
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represented,
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MS.
done,
Your Honor,
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occurred.
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other cases,
says I've changed my mind, then obviously she could let us know
MS. JORDAN:
if
Your Honor,
changes his mind, they obviously didn't shut the door nor am I.
in fact, when he
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he's done.
was filed.
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yet?
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MS. JOHNSON:
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THE COURT:
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December
December
right.
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MS.
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THE COURT:
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All right.
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and then
FIELDS:
No,
Your Honor.
just take a
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moment.
MS. JORDAN:
THE COURT:
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Thank you.
Thank you.
All right, now we'll proceed with the review hearing, and
Miss Fields.
MS. FIELDS:
Your Honor,
admit the CASA report dated October 13th, 2015, and the Kaw
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No objection.
MR. DEBENHAM:
Your Honor,
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may have been sent the other two reports, but I have not seen
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them,
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their admission.
THE COURT:
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All right,
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Okay,
DEBENHffi~:
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sorry you haven't had a chance to look at these and you do need
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it.
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MR. DEBENHAM:
Debenham?
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THE COURT:
but the Court will admit the CASA report, and the Court will
indicates that the ICPC was denied, and so I asked the agency
The
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Colorado, the letter's dated October 22nd, 2015, and it's from
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MS.
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MR. DEBENHAM:
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MS. JOHNSON:
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THE COURT:
INGELS:
No objection.
No objection.
No objection.
Very well then the letter from Larimer
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admitted.
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-----
MS. FIELDS:
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MS. FIELDS:
Your Honor,
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the parents comply with the court -- with the case plan task.
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copy of each case plan for the mother and father and plan to
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each parent being Mr. and Mrs. Schwab -- each have a copy of
reintegration.
Court to adopt the case plan and order to parents comply with
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Exhibit No.1.
There's several things that Colorado wants to see happen
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the children, and so I would ask the Court to order the parents
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their time schedules that they've laid out in the letter from
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URINALYSIS - TEST
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FOR CANNABIS
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I'd ask that the visits remain as the Court has previously
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THE COURT:
MS.
FIELDS:
Very well.
Your Honor, the other thing is,
I am
children, especially
placement,
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can have
We're nine weeks into this school semester and other than
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work,
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have worked
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year and he's not grasping the material because he doesn't have
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the foundation from the past school years and he's very much
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I think
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knows he is.
those two.
THE COURT:
MS.
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FIELDS:
THE COURT:
Yes.
What about
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MS.
FIELDS:
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education advocate,
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He could use an
too.
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THE COURT:
Let me ask,
it seems to me it make
If it turns out that
,
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MS.
FIELDS:
THE COURT:
MS.
MS. JOHNSON:
FIELDS:
Your Honor,
The parent
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do it.
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off on it.
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THE COURT:
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MS.
FIELDS:
I find that hard to believe but -It's because it's federal law and not
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state, otherwise,
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THE COURT:
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MS.
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THE COURT:
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FIELDS:
Miss Ingels,
MS.
INGELS:
if it was a state
Your Honor,
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State's request.
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just want them to know that if we come back and we still have
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However, I
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children.
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agree with the Court in the sense that the children are in
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S~ate's
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that.
However,
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don't,
if they
_s
specifically again,
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Finally as to
struggling.
think
is
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met with
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but he does not want to have any contact with his mother or
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Raymond.
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a visit set up for today after Court and he does not want to be
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involved in that.
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I know there's
I don't
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. ......---- ....
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THE COURT:
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MS. JOHNSON:
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MS.
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MS. JOHNSON:
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Miss Johnson.
FIELDS;
Yes,
I do.
May I,
them?
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MS. FIELDS:
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tasks.
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THE COURT:
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MS.
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FIELDS:
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THE COURT;
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MS.
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FIELDS:
All right.
And so each parent has,
though, a copy
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THE COURT:
MS.
FIELDS:
THE COURT:
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then.
The case plan tasks are what constitute the permanency
plan; is that correct?
MS.
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FIELDS:
THE COURT:
Correct.
So this has not yet been distributed.
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MS.
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document.
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Yes,
FIELDS:
THE COURT:
Very well.
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MS. JOHNSON:
Your Honor,
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mother,
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know how much of that she ... I know she disagreed with some of
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it, and that's what I'm trying to read through right now, and
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that's why they're waiting on the final approved copy from DCF.
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I don't
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this point,
other biggest concern for the mother with these case plan tasks
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point, the mother does not have the funds to drive to Kansas
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if
I don't
just happen to
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have
calls and visits with his mother at this point in time as the
him, and I would ask the Court to consider the financial burden
Again,
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MS. FIELDS:
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MS. JOHNSON:
think,
in fact,
She
we were
DCF.
Was it DCF?
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are.
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that
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MS.
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so I was
INGELS:
Your Honor,
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complete, how are they going to get back here to do things with
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the school?
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to
_~ra do
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yet t he y Chose~
FALSE
after
t h i~
caS e started ,
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to Colorado when we can't do all these things that far away but
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back.
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MS. JOHNSON:
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THE COURT:
Your Honor
One second.
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I want to hear from the father first and then let you
MR. DEBENHAM:
Thank you,
Your Honor.
THE COURT:
Debenham.
MR. DEBENHAM:
father has
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in volved
~n
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he doesn
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becaus
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fact,
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starting.
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r eaLly see
he
eed
he wan ts -- he wants
yeah,
o r an
0 ge t
He wants
so fr om h i s
e ducat~o n al
~nvolved
be
g erspec t iv~ ,
~d voca te
and to sign
In
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definitely between
No w,
b~
ra t her tha
~n
not a .
Denv e r
hJ.s
distance between the two but there may be something that can be
therapist trying to work when you've got a kid who doesn't want
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to talk with one or both of the parents, they always start with
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0 wo k a t
c h o' ~ e ,
t h e VA the e ,
Topeka ,
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this family.
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....
m y
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.. -
h~
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plan tasks.
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recommending.
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The courses
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least I've never heard that the State of Kansas can't pay for
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State has already paid for drug and alcohol evaluation out in
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THE COURT:
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done?
My review of the notes indicate it hasn't been done.
MR.
DEBENHAM:
hasn't happened.
Can I have my client stand up and tell the Court exactly
what the situation is?
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THE COURT:
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MR. SCHWAB:
He sure can.
Go ahead,
sir.
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Colorado, have worked out how this is going to work and they've
already
They can't
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that process.
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I don't know about the whole case plan, but we are moving
forward with that right now;
THE COURT:
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Mr.
Debenham.
MR. DEBENHAM:
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some testimony from her on the case plan tasks and where we are
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and also on the ICPC about their interactions back and forth
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with Colorado and what may be happening down the road here, but
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THE COURT:
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Honor,
paperwork for the IEP's, they would review that and return it.
t o t h em ,
we'd like the Court to take that into consideration and give
them an opportunity.
may be testimony one way or the other, but that doesn't mean
- no th-e
S tj
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d Oll ' L th i n k
a nyt h
n g 's
be e n p r o vided
a r nLa
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appointed, they can be cut out of the loop and not -- and they
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THE COURT:
In Colorado or in Kansas?
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MR.
THE COURT:
DEBENHAM:
Both in Colorado.
to call someone,
you may.
MR.
DEBENHAM:
THE COURT:
Very well.
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Raymond Schwab,
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being of legal age and after having been first duly sworn,
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testified as follows:
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DIRECT EXAMINATION
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BY
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Q.
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A.
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Q.
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A.
Yes.
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Q.
MR.
DEBENHAM:
Behavioral healthcare,
Inc.?
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A.
Yes.
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Q.
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A.
Yes.
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Q.
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just very
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plans?
A.
Q.
A.
Yes.
Q.
Larimer County, Colorado, you were the one that sent that
to me; correct?
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A.
Correct.
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Q.
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A.
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Q.
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A.
Yes,
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Q.
To me?
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A.
Yes.
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Q.
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A.
Just
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Q.
Okay.
I forwarded that.
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A.
Ollt
t here i n t hat
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"~~
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Q.
And are you aware of whether the father has or has not
A.
basically just said he's ready to get the ball rolling and
Q.
Okay.
Now,
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excuse me,
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rcpc
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A.
requirements?
Yes.
Basically,
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can use, and then having the parents sign the necessary
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services.
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Q.
rcpc,
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A.
Correct,
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Q.
Go on.
but
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A.
you know,
Q.
A.
know,
you
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Q.
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A.
Correct.
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Q.
And then assuming that they've done all the things that
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A.
~ f
th a t we r e
happen , t ha .
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wO ll
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Q.
Okay.
But,
completed,
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A.
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in fact,
Correct.
L---_~~
_ _
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Q.
A.
Correct.
Q.
A.
Yes.
Q.
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A.
No.
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Q.
they've made
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plan done?
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A.
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there.
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MR. DEBENHAM:
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THE COURT:
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No further questions,
Your Honor.
Thank you.
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---------- ---------------,
BY MS.
FIELDS:
Q.
A.
Yes,
Q.
Okay.
A.
last Wednesday.
Who participated?
was
the call;
phone.
abo~t
Q.
How
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A.
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Q.
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A.
The reason that I was given was there was some issues
Amelia?
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birthday,
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on her
so Raymond went
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in that.
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Q.
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A.
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class,
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Q.
services?
A.
Yes.
Q.
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A.
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12
--~
Q.
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A.
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got into contact with the principal there, and she gave me
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parents.
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Q.
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that we're nine weeks into the school that that get done
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A.
Yes.
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Q.
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A.
involved.
those decisions.
Q.
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regarding
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A.
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A.
No.
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Q.
No what?
No,
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that?
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A.
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-------------~----,
1
2
Q.
A.
Yes.
Q.
A.
Yes.
MS.
8
9
Q.
10
11
hi s
by
A.
It
y~
FIELDS:
ur
L!fld~r S t. a n ~ ~nq
: h <::l t
C'Jlo r a d o
my
Ull
r -ans e r r ed to
Col or ado .
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Q.
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A.
Correct.
MS. FIELDS:
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Honor.
correct?
----~
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THE COURT:
MS.
THE COURT:
MS. JOHNSON:
THE COURT:
Ms.
No,
INGELS:
Your Honor.
Miss Johnson?
No,
Your Honor.
Debenham?
CROSS EXAMINATION
BY MR.
Q.
r---,
Ingels?
DEBENHAM:
in
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educational advocate?
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A.
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16
17
Q.
ftlou ld - he
a d ocale ki nd of b
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e pp~n g
o n Lhe Loes of t he pa en 5?
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22
A.
concei va b ly
_ha . . . ra y ,
bL1
aL
I me.a n ,
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kn o ...: .
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Q.
5
6
A.
you know,
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A.
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things,
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Q.
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18
A.
As far as visits.
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MR.
DEBENHAM:
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THE COORT:
Nothing further,
,
Your Honor.
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August,
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A.
~o ,
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THE COURT:
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All right,
I'll proceed.
MR.
Your: Ho nor ,
DEBENHAM:
i nt e jec t
a not h~ L
C h r istm~s
visitations.
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SSU: ,
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MS. INGELS:
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u ns u p~r vi sed
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bu t re st s a nce
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11eek
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vi si tation I do n't
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th~
th i~
We' 'Ie
n 0 1:
be l i~ve
had th e E g
in th is Gase .
tesy
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25
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them.
would object
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Your Honor,
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efforts if we can keep things going down the right path there.
THE COURT:
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Thank you.
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been
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bot
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t he o n ly tJl\ I' m a w re o f .
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t he'e '....-as a
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THE COURT:
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MS.
25
21
24
lJ]\
I would love to -- I
been s ub mi t t ed
FIELDS:
INGELS:
l.S
the r a n dom u
THE COURT:
t he on l y o ne th?t ' s
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,r--"
1
2
Sunflower?
Is that correct, Ms. Jackson?
MS. JACKSON:
be supervised
THE COURT:
6
7
~h e n
he~g'O Lng
is
vi S l t a tlon ?
MS .
to be done fo r
th
THE COURT:
We l l, th at ' s what
h~s
~ o urt ' s
JUDGE BOSCH IS
CONCERNED SOLELY- 2
WITH- DRUG TEST
FOR CANNABIS
Now,
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However,
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Very well.
21
THE COURT:
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MR. DEBENHAM:
Ho n o r , T mig h t me n io n t hat UA
You~
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24
vi s i t, so
25
a nd t ha t
don't th in k t h a
wa s Qone i n p r epa r at l on
01: t
U~
fo~
is
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MS. INGELS:
I would
~5k
th
we ju s
into.
MS.
Your Honor,
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11
FIELDS:
THE COURT:
All right.
12
sure what the current address is for Mr. Schwab because some of
13
the mail that the county has sent, the clerk's office, has been
14
returned,
15
current address,
MR. DEBENHAM:
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report,
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19
THE COURT:
Thank you.
20
Court has made will remain in full force and affect so far as
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One that's
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been presented in the report and the one that's been given to
the parents.
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thinking that if this Court reviews this case in two months and
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finds that adequate progress has been made towards the tasks
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and goals as have been addressed, that the Court can request
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25
The
I'm
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MS. INGELS:
No.
MS.
No.
MR. DEBENHAM:
MS. JOHNSON:
THE COURT:
10
No.
So I will -- let's set a time and date
This letter was dated a week ago today so two months from
now gets us to the end of December and I don't imagine anyone
wants to work between Christmas and New Years although
MS. INGELS:
11
12
tr~ a l s
13
time.
14
None.
fIELDS:
~w ~
THE COURT:
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Some
MR. DEBENHAM:
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and I'm a duty attorney all that week for temporary custody
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on -
dur
well,
the mornings,
I could do
THE COURT:
Would you
3
4
in t
mor
MR.
THE COURT:
MR. DEBENHAM:
DE8ENHAM:
I cou
As
, Your Honor.
as I'm
I'm availa
MS. FIELDS;
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MS. JOHNSON:
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THE COURT:
MR. DEBENHAM:
14
k by 1:00.
e.
e, Your Honor.
r
eference, Mr.
13
Your Honor,
Ie it.
I
t up early,
9 o'clock
15
THE COURT:
16
17
Yes,
Counsel?
12
Ie to do it on January 5th
ng?
y, Thursday,
y morn
Ie rna
the
h of January at
an
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MS.
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THE COURT;
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FIELDS;
to
an
r that this be
ne
ion plans
each of the
46
"
.~,
-'-
five children.
middle children,
think
that but I will sign an order to that affect and when that
order, Miss Fields, if you would prepare one, that would just
10
, I've not
and
that
11
MS.
12
THE COURT:
FIELDS:
That's fine,
Your Honor.
13
be an educational advocate.
14
this case, and I'm not sure, but it's still different than
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16
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18
distance
19
20
21
, that
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23
they can.
24
25
but I think
47
children.
4.
Now, moving on to
liliiii
with.
10
I believe that he
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.-,
12
13
14
15
16
believe that it's important for him to see his mother today and
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18
it
19
counseling, for
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21
22
23
24
25
would be defin
48
1
2
it is to start with.
Costs for the task
payments made.
done in Kansas since the father and mother are now in Colorado,
funds available for that, so be it, and I'll order the KVC to
10
11
12
13
14
15
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s h ould be slJp erv i sed , and if they can come some time during
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19
20
I believe it needs to
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23
,.--.. -....
24
MS. FIELDS:
25
THE COURT:
49
"
no treatment,
assessment done and I would hope that this can be done within
I . . n_ l l p 0 1. nt
I 'v e
OU
as
o i n te d o u
~n
11
12
~ ha t
13
14
15
be li e ve t h a t
CANNABIS
f O@
19
cons i der
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23
',0,'1
th the tasks of
e r t ha
s h Il l d ta ke ca r
hi s
t h e pa r en ts
of a U
.Qu r.-t ,
t~ k e
SO
wi th
a VA
h ey can ha ve t h e i r
gO~ :1g ,
an
wi t h t ha t,
.1 ,ss u e s t oday .
Miss Johnson?
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20
mi g l t
L ea9011~
n t f i nd tha
17
nd I expec t
~ one ,
10
sa I d , I'll ju st
followed
t o be don e,
16
MS.
JOHNSON:
l. nCe it'
1 ~9a l
MS. FIELDS:
i f
tl v e
d you
It
JOHNSON:
waul
be con s i d e r ed a p os i ti v e
ut
l so --
24
THE COURT:
Mr . De ben h am?
25
MR. DEBENHAM:
, - - - - - - - - - - - - - - - - - - - - - - - - - - - - _............................_-----
50
the case, but I knew therers case law out of Sedgwick County
that says 1 w ir e
eJ.se ,
_ y::;tem
future.
sine
em
~ o ..
I ,Lm I t
11
t;!"
D e- te n h ~Hr ,
that's not
~5
TTl(-l rijuand,
an
'j,
talkin l ab o It
ust
THE COURT:
10
or
i
t i l .:i.t
t hink
l'::
i.e a
IS
rnDn l~
901;19
s.h, ul.:j
is leg - l
~~r:
Sf:\
u be in
b~
jn
in yo ur
-h . i r
Thank you.
! 'I I s o rr y t o in fo rm y OI
t l.i:1 t
12
13
c lient if
h~
wou l d be
Wa S
~6,
L hd
' ll ow ~d
14
~t
it wa
0 ,
,,;,(1.
not
I"m '"!T't:7I::-;;;(-W..j-!O,;"t;,."e-..o.1~:..b..J.:i--E~~--t:earw,
~-l ,
17
18
I wi11 o r d er t ha t
the
19
lere t o Ja y a nd 1
~n rl ee d
20
OS l t
'!e,
t h En
be
IA' ~
c he p
' 11
:'10 _
( i. c o r
<' , a "y',
but I ' l l
21
order that that be done, and with that, I wish you all a good
22
day.
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24
~~
ma rl j l~ n ~ ,
25
Miss Ingels?
MS. INGELS:
ordered that,
51
is
THE COIJRT:
suff
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MS. INGELS:
12
THE COURT:
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25
wee
And t
re should be
I
once a week
, on that family
f
Just
and
Just wanted to c
With that, we are
you.
END OF THE
mother at
14
t t
10
13
~,
s t
he can
ient in the
MS. INGELS:
counsel
re's no way
contact wi
Yes, because
ve coun
s wi
ca
3
4
in
also to partie
k you.