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NewsOctober 15, 2010

BLOOMFIELD, Mo. -- Stoddard County juvenile authorities are working toward terminating the rights of a Dexter, Mo., couple whose infant daughter has tripled her weight while in foster care for the last four months. The girl, who has Down Syndrome, has been in the custody of the Missouri Children's Division since she was removed from her parents' Walnut Street home on June 3...

BLOOMFIELD, Mo. -- Stoddard County juvenile authorities are working toward terminating the rights of a Dexter, Mo., couple whose infant daughter has tripled her weight while in foster care for the last four months.

The girl, who has Down Syndrome, has been in the custody of the Missouri Children's Division since she was removed from her parents' Walnut Street home on June 3.

The infant's parents, Amanda Knight Garrett, 20, and Vabian Webb, 18, are charged with the Class C felonies of first-degree endangering the welfare of a child and child abuse.

Although the girl's foster father was in the courtroom for Tuesday morning's hearing, neither of her parents were present.

Garrett continues to be held in the Stoddard County Jail without bond. Webb, who earlier was granted a change of venue to Cape Girardeau County on his charges, is free on a $5,000 cash bond.

Whitney Uhrhan, the girl's case manager for the Stoddard County Children's Division, told Juvenile Judge Joe Satterfield Webb was aware of the hearing.

Chief Juvenile Officer Michael Davis reported speaking last week with Webb, who "tested positive for marijuana. He said while he was in the Cape County Jail, he smoked marijuana while incarcerated."

Satterfield asked if that information had been reported to the prosecuting attorney.

Davis confirmed he provided the information to local law enforcement officers, who were supposed to contact Cape Girardeau County authorities, and that a copy of Webb's drug test had been provided to Stoddard County Prosecuting Attorney Briney Welborn and Probation and Parole officials.

Davis's only witness during the hearing was Uhrhan, who testified the girl weighed approximately 5 pounds 9 ounces when she came into protective custody on June 3.

On Thursday, Uhrhan said, the girl weighed 16 pounds 6 ounces during her weekly weigh-in at the Stoddard County Health Department.

When Davis asked whether any problems with weight or sleeping had been reported by the girl's licensed foster parents, Uhrhan said, no concerns had been reported.

Uhrhan also was asked whether there had been any "communication" with Webb while out on bond.

"On Sept. 17, Vabian signed a treatment plan," which was after his release from jail, Uhrhan said. There also is a treatment plan in place with Garrett, she said.

As part of the treatment plan, Uhrhan confirmed the Children Division's had conducted home visits on Webb's Dexter residence and found it to be "unsanitary and cluttered" and not an appropriate place for the infant to live.

In regard to Webb's progress with the treatment plan, Uhrhan said, he is not complying with it. Garrett, she said, also is not complying due to her incarceration.

The primary case goal, Uhrhan said, has been reunification with the mother and father, with possible termination of parental rights and adoption.

Uhrhan said there has been discussion about changing the case goal from reunification to adoption.

"(The Children's Division) will continue to provide services to the mother and father even though the case goal is termination?" Davis asked.

Uhrhan answered affirmatively.

In the four months since his daughter's removal, "there has been no progress by the father," Davis asked.

"No," Uhrhan replied.

Webb, according to Uhrhan, reported he was released on bond on Sept. 9 and came into the Children's Division on Sept. 17. Webb, she said, completed a drug and alcohol assessment "after the drug test," but failed to return for another drug test about a week to 10 days later.

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"He was asked to come back and didn't show up," Davis said.

Uhrhan, who provided Satterfield with a copy of the infant's medical records, said it was recommended the girl remain in her current placement.

When the child's guardian ad litem, Dexter lawyer Robin Northern, asked Uhrhan about the conditions of Webb's bond, she confirmed Webb was to have no contact with anyone under the age of 15.

Northern also asked how many home visits the Children's Division had conducted on Webb's residence and if anyone under 15 was present during those visits.

Uhrhan said about three home visits have been done on Webb's home, including one on Oct. 1 in which a child, who appeared to be under the age of 5, was standing on the front porch. Webb, she said, was inside the home at the time.

Uhrhan also confirmed Webb tested positive for marijuana once since his release from jail, but she didn't know if another test was completed during Webb's drug and alcohol assessment. "It may have; I do not have that report yet," she said.

Satterfield further questioned Uhrhan about the child, who was present during the home visit.

"(Webb) stated the child was his nephew (who) lived next door," Uhrhan explained. The child's mother, who Webb identified as his sister, "walked out of the house and got the child," she said.

Satterfield asked why Webb didn't contact officials sooner than Sept. 17 following his Sept. 9 release. Uhrhan said he gave no reason for the delay.

Uhrhan also was asked by Satterfield to specify what unsanitary conditions were found during the October home visit.

"There was clutter everywhere, animal food was laying everywhere; there was an odor," Uhrhan said. "... There was no running water."

Mouse droppings also were found on counters in the 344 S. Kitchen home and cigarette butts and ashes were found on the floor, Uhrhan said. The shower, she said, also had not been cleaned.

Webb, according to Uhrhan, was staying at the home, which was being rented by his mother, along with what he described as a "long-distant cousin."

Uhrhan described the conditions as "pretty severe."

Davis asked the court to allow the Juvenile Office to change the primary case goal to termination of parental rights.

Northern said she was in "definite agreement."

"The court will follow the recommendation," said Satterfield, who reported the infant's foster parents recently had brought her to see him.

"I ask that you all make an effort to see the child; it's amazing," Satterfield said. "Her cheeks are full. ... "

Northern confirmed she had seen Satterfield carrying the baby, but didn't know who she was.

The girl, Northern said, didn't look like the same infant. "She was so big ...," she said.

The Juvenile Office, Davis said, will be "pursuing the termination, with the support of the Children's Division and guardian ad litem."

The next court date, Davis said, will be on Jan. 18 for a review to see "where we are on the termination process."

Webb is set to stand trial on the criminal charges on Nov. 29 in Cape Girardeau County before Circuit Judge Benjamin Lewis. Pretrial in his case is set for 1 p.m. Nov. 22.

No date is set at this time for Garrett to appear in Stoddard County before Presiding Circuit Judge Stephen Sharp on her charges.

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