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Judge keeps child with relative placement, sets 90-day review in Cody Gage case

January 18, 2025 | Lenawee County Probate & Juvenile Court, Texas Courts, Judicial, Texas


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Judge keeps child with relative placement, sets 90-day review in Cody Gage case
A presiding judge at the Lenawee County Probate & Juvenile Court ordered that the child of Cody Gage remain in a relative placement and scheduled a 90-day review and permanency-planning hearing for April 15 at 10 a.m., after hearing updates on the father's compliance with his case service plan.

Diane Burgess, a department caseworker, told the court the child was "doing very well where he's at" and that "all of his needs are being met." Burgess said the child is placed with his former stepmother, whom the child calls "mom," and that the placement is functioning as a kin placement the child is familiar with.

The court heard updates that the father, Cody Gage, was released from jail in late November (described by participants as the day before Thanksgiving), has obtained employment, is attending daily PBTs (portable breath tests) at the sheriff's department, and has had some transportation and token assistance provided. Burgess reported that Gage applied for Medicaid and was denied and that he had a Community Mental Health (CMH) intake scheduled for 1 p.m. the day of the hearing. Burgess also said Gage has begun services with Catholic Charities and that parenting time has been supervised by Linda Edwards at a Department of Human Services (DHS) location, with a two-hour visit scheduled that evening.

Defense attorney Michael Brooks and other participants told the court they found Gage engaged and compliant with services so far. Brooks described meeting Gage for the first time at the hearing and called him "open, reasonable" and "hopeful" about continuing compliance.

The presiding judge said the court "finds there are reasonable efforts toward the goal of reunification being made by Ms. Burgess" and acknowledged progress by Gage on his case service plan. The judge also said there nevertheless "remains a substantial risk of harm associated with returning the child to his care," citing the need for Gage to demonstrate adherence to mental-health treatment, medication compliance and stable housing and parenting skills before reunification would be appropriate. The judge ordered that the placement remain in place as the "safest and least restrictive" option and set the next hearing for Tuesday, April 15 at 10 a.m.

The court record shows video visits had not yet started; Burgess said the holiday period and the child's travel to Florida had delayed setting up the video visits. Burgess said she would refer Gage for a psychological evaluation and provided information about online parenting classes starting in January; she also said foster-care visitation support could be offered on referral.

No changes to the child's placement were ordered at the hearing. The judge directed the parties to continue services and set the 90-day review/permanency-planning hearing to reassess progress and parenting-time expansion.

Court participants who spoke in the hearing included Diane Burgess (department caseworker), Nicole Noodler (guardian ad litem), Sergeant Harris (counsel for the department), Michael Brooks (attorney for the father), and Cody Gage (father).

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