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Figueroa Order 7 - 2023

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28 views4 pages

Figueroa Order 7 - 2023

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ww847kbxvv
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© © All Rights Reserved
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You are on page 1/ 4

Filing # 179927177 E-Filed 08/17/2023 04:39:51 PM

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT


IN AND FOR COLUMBIA COUNTY, FLORIDA
JUVENILE DIVISION

IN THE INTEREST OF: CASE NO.: 2022-66-DP

FIGUEROA,JAYVEON (M) DOB:8/6/2013

Minor Child

ORDER ON CONTINUED ST ATUS REVIEW HEARING;


ORDER TERMINATING PROTECTIVE SUPERVISION AS OF JULY 19, 2023;
ORDER CANCELLING JUDICIAL REVIEW HEARING;
ORDER RET AINING JURISDICTION UNTIL NOVEMBER 9, 2023

THIS ACTION came before tlie Court on July 19, 2023 for a Status Review Hearing. Tlie
following persons were present before the Court:

Attorney for the Depaitment: Marilyn Kinsey, Esq.


Family Care Counselor: Felicia Rogers
Mother: Aymee Bing (via 20077?)
Attorney for Mother: Heidi Kemph, Esq.
Father: Miguel Figrieroa (yia 20077?)
Attorney for Miguel Figueroa: James Janousek, Esq.
Attorney for Guardian ad Litem: Justin Budwick, Esq.
Guardian ad Litem: Amity Hoenisch

The Court, having considered the testimony and arguments presented, finds as follows:

1. The Court has jurisdiction as to tlie subject matter and the paities.

2. The child was not present for this liearing because of his young age and inability to
understand and participate in the proceedings

3. The Court finds tliat it is in the best interest of the cliild to proceed witli this hearing
in his absence. No party objected.

4. All parties and participants were provided timely notice of these proceedings

5. The minor child has been adjudicated dependent.

6. The minor cliild is placed in tlie temporary care and custody of the father, Miguel
Figueroa, under the protective supervision of the Department. The Department sliall have
placement and care responsibility while the child is under protective supervision in an out-of-liome
placement.
Case No. 2022-66-DP
Page 2 of 4

7. The cliild's mother, Aymee Bing, was present witli counsel. The motlier testified that
her birthdate is July 18, 1980, and that her current address is 2525 68"1 Terrace, White Springs, FL
32096.

8. Both parents and the parties attended a staffing on July 13, 2023 to discuss yisitation
time with the child. The parties agreed to liave virtual visitation on Sundays, Tuesdays and
Thursdays via Google Duo from 7:30 p.m. to 8:30 p.m. The parties agreed that if either parent
becomes inappropriate and/or acts out during the visit, the otl'ier parent sl'iall end tlie visitation call
for tlie sake of the cliild.

9. Thecl'iild'sfatlier,MiguelFigueroa,requestedtliatBargBinghavenovisitationwitli
the cl'iild. At tlie shelter hearing, Barry Bing's visitation was ordered to be at the fatlier's discretion.

10. The Department recommends the case close to reunification with tlie father, and the
Court terminate protective supervision and relinquish jurisdiction.

11. The Guardian ad Litem had no objections, as the child continues to do well.

12. Coru'iselforthefatlierisinagreementwithtlieDepartment'srecommendations.

13. Counsel for tlie mother objected, as her client doesn't agree tliat tlie case shorild close
due to the l'iistory of issues between the parents. The motlier does not believe tl'ie visits will occur,
as there lias been constant friction between the parents. Counsel for the mother furtlier disagreed
tliat the case sliould close so soon after the staffing regarding visitation witliout sufficient time to
see if visits can work as discussed, and the motl'ier still lias over 4 montlis le'ft to comply with lier
case plan tasks.

14. The Guardian ad Litem suggested that the Corirt retain jurisdiction while terminating
protective supervision. The Depaitment agreed with the Guardian ad Litem. Counsel for tlie father
agreed with the Guardian ad Litem, as tlie mother has had 6 months since adjudication and
acceptance of the case plan to comply.

15. It is in the best interests of tl'ie child to remain out of the motlier's liome at this time.
The child is receiving safe and proper care. Tlie cl'iild's current placement is the least restrictive,
is appropriate, is in a setting that is as family-like and as close to the parents' home as possible, is
consistent with the child's best interest and special needs and is designed to maintain stability in
the child's educational placement. Contiruiation of the cliild in the motl'ier's home is contrary to
the welfare of the child because the liome situation presents a substantial and immediate danger to
tlie child whicli cannot be mitigated by the provision of the preventative services at this time.

16. Itisinthebestinterestsofthechildtoremainintliehomewithtliefather.

THEREFORE, based on tlie foregoing findings, it is liereby ORDERED as follows:

1. The minor child shall remain adjudicated dependent and in tlie custody of the fatlier.
Case No. 2022-66-DP
Page 3 of 4

2. Protective supervision shall be terminated as of the date of this hearing.

3. The mother shall have viitual visitation with the child on Sundays, Tuesdays, and
Thursdays from 7:30 p.m. to 8:30 p.m., via Google Duo. If either parent becomes inappropriate
and/or acts out during the visit, the otlier parent sliall end the visitation call.

4. Barry Bing shall not liave visitation with the child unless the cliild's fatlier, Miguel
Figueroa, permits the visitation as may be in the best interest of the child.

5. The Guardian ad Litem Program is hereby discliarged.

6. The Judicial Review/Permanency Hearing previously sclieduled for August 30, 2023,
is CANCELED.

7. All prior orders not inconsistent with this order sl'iall remain in full force and effect.

8. The Couit shall retain jurisdiction as to the child to enter any such 'further orders as
may be deemed necessary for tl'ie best interests and welfare of tlie child until November 9, 2023,
at wliich time jurisdiction sl'iall be aritomatically relinquished.

DONE AND ORDERED at Lake City, Columbia County, Florida, on tl'ie 19th day of July
2023, and reduced to writing on Arigust 17, 2023.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY a true and correct copy of the foregoing order lias been provided by
electronic transmission on August /z, 2023 to the following:

Heidi Kemph, Attorney for the mother, Aymee Bing


Heidi.Kemph@,rcl.myflorida.com
Kathy.Thornton@,rcl.myflorida.com

James Janousek, Attorney for tlie father, Miguel Figueroa


[email protected]

Justin Budwick, Attorney for the Guardian ad Litem Program


.iustin.budwick@,gal.fl.gov
c3.e-file@,gal.fl.gov
Case No. 2022-66-DP
Page4of4

Partnership for Strong Families


records@,pfsf.org

Marilyn Kinsey, Esq., Children's Legal Services


marilyn.kinsey@,myflfamilies.com
NER.C3.CLS@,myflfamilies.com

JudiciaKssistaiit

Children's Legal Services shall furnish atrue and correct copy of the foregoing order to

Partnershipfor StrongFamilies,records@,pfsf.org.

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