FILED: 5/11/2023 2:40 PM

Vermont Superior Court

Addison Unit
Agency of Human Services21-JV-01752
Department for Children and Families
Family Services Division
Court
Involvement CASE PLAN Date: 5/8/23

CASE INFORMATION

Child/Youth’s
Joshua Aguirre District Office: Middlebury
Name(s):
Date(s) of Birth: 6/17/2003 Child/Youth’s Age(s): 19
SSMIS Number:
Parent/Legal Parent’s Town/State
N/A – Youth is over 18 N/A – Youth is over 18
Guardian #1’s Name: of Residence
Parent/Legal Parent’s Town/State
N/A – Youth is over 18 N/A – Youth is over 18
Guardian #2’s Name of Residence
Family Services
Daniel Davidson Supervisor: Britta Pirrung
Worker (FSW):
Parentage ☐ Yes Date Established: Parentage Docket
N/A – Youth is over 18
Established? ☐ No N/A – Youth over 18 Number:
☐ Yes Last Date Asked: Name of Tribe: N/A
Tribal Affiliation?
☒ No Reported By: Joshua
Registered Member ☐ Yes ☐ Unknown ☐ Yes Date:
Reported to AAG?
of a Tribe? ☒ No ☐ N/A ☒ No N/A
Case Type: DY Custody Status: NA – youth is over 18
Date of Custody
Docket Number: 21-JV-01752 N/A
Order:
Date of Next Case
Date of Next Hearing: 4/18/23 N/A
Plan Review:
Child/Youth’s
Linda Reis GAL: N/A
Attorney:
Parent #1’s Attorney: N/A Parent #2’s Attorney: N/A
1. Joshua didn’t have any additional individuals to
Case Planning Participants Chosen by the Youth: add.

What language are the parents and children/youth

English
most comfortable speaking and reading?
Accommodations required for communication? None
Description of Child/Youth’s Current Living Situation:
Joshua currently resides in New Jersey with his mother and his brother.

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 Case Plan / Review Type
☐ Initial (60 day) ☐ Disposition ☒ Amended Disposition Plan ☐ Administrative (6 Month)
☐ Permanency (11 Month) ☐ Amended Permanency Plan ☐ Subsequent Permanency Plan

Please note: This case plan template is not used for post-disposition reviews/updates.
CHINS Findings / Findings of Fact? ☒ Yes ☐ No If yes, list them below:

On 2/27/23, the parties agreed through stipulation that Joshua is a youthful offender 33 VSA 5102(29)
and committed the following delinquent act: Prohibited Conduct First Offense (13VSA 2601 aa#1) based
on the following facts: Joshua touched HH’s private body parts in a sexual manner believing it was
consented to by HH, but it was not.

Child Support: If DCF custody is ordered at disposition, DCF-FSD requests that the Court delegate to the
Office of the Magistrate its authority to hear matters of child support to make and enforce an order of child
support to be paid by the parent of a child, in order that such matters may be heard at the request of any
party or by the Child Benefits Unit of the Department for Children and Families (DCF) as authorized pursuant
to V.S.A. 33 § 5316 (b) (8) and § 5116 (d).

Estimated Date for Achieving the Case Plan Goal: 6 Months

Case Plan Goal (check one box only)
The long-term goal for a child or youth found to be in need of care and supervision is a safe and permanent
home. DCF-FSD always explores multiple options to attain permanency for children and youth, which is
called concurrent planning. Currently, the main permanency goal for this child is:
☐ Successful completion of actions needed to address CHINS(C) or (D) concerns
☒ Successful completion of juvenile probation
☐ In lieu of probation, referral to an approved community justice provider:
Non-Custody
☐ Community Justice Center (CJC)
☐ Balanced & Restorative Justice (BARJ)
☐ Successful completion of youthful offender probation
☐ Child/youth safely remains in the home
☐ Reunification with:
☐ Transfer guardianship, permanent guardianship, or custody to:
☐ Proposed guardian resides out-of-state in:
☐ Adoption
Conditional ☐ Reinstatement of parental rights with
Custody Orders Date of Current CCO
(CCOs) Order:
Date of Expected CCO
Expiration:
(N/A Pre-Disposition)
Conditional Custodian:
Relationship of

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 Custodian to the Child:
List of DCF-FSD’s
Requested Conditions:
If CCO conditions have
already been
established, include a
summary of the
conditions:
☐ Reunification with
☐ Transfer guardianship, permanent guardianship, or custody to:
Children & ☐ Proposed guardian resides out-of-state in:
Youth in DCF ☐ Adoption
Custody ☐ Reinstatement of parental rights with
☐ Another Planned Permanent Living Arrangement (APPLA)
☐ Independent Living

Custody Recommendation
☒ Not applicable
☐ Legal custody to custodial parent(s)
☐ Custody is subject to a conditional custody order (CCO)
☐ Temporary custody to noncustodial parent, relative, or person with a significant relationship to the child
☐ Custody is subject to a conditional custody order (CCO)
☐ Legal custody transferred to noncustodial parent
☐ Legal custody to (or continued with) the Commissioner of the Department for Children and Families (DCF)
☐ Legal custody to (or continued with) the Commissioner of the Department for Children and Families (DCF)
without limitation as to adoption, with termination of residual parental rights (TPR)
☐ Permanent guardianship to:

CASE PLAN GOAL & CUSTODY RECOMMENDATION NARRATIVE

The case plan goal for Joshua is to successfully complete his probation conditions. Given his overall low YASI risk
level with moderate risk related to needs and moderate-high protective factors, the Department is
recommending a 6-month period of probation with the ability to be discharged sooner if all conditions are met
successfully. The most important skill for Joshua to obtain is around his understanding of consent and how he
will engage in sexual activity with his partners moving forward.

Given that Joshua is over 18, he is his own guardian and so a custody recommendation is not necessary.

CURRENT DCF-FSD INVOLVEMENT

On 2/27/23, a merits stipulation was agreed upon that found Joshua was a youthful offender and committed the
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following delinquent act: Prohibited Conduct, First Offense, and that “Joshua touched HH’s private body parts in
a sexual manner believing it was consented to by HH, but it was not.”

This merits stipulation stemmed from an incident in which Joshua was charged with sexual assault, no consent
when he engaged in a sexual act with the victim without consent on or about December 10th, 2021, in violation
of 13 V.S.A 3252(a)(1). The affidavit indicated that Joshua was spending time in the dorm room of another
participant at Job Corps, HH, when he became sexually aggressive. According to HH, Joshua engaged in sexual
behaviors without HH’s consent.

Joshua was clear in his interviews with DCF and the forensic evaluator that he did engage in sexual activity with
HH but believed their interactions were consensual.

RELEVANT HISTORY

DCF has no prior involvement with this family or with Joshua. Joshua resides and grew up in New Jersey. He and
his mother denied any previous DCF involvement in NJ.

FAMILY & YOUTH PERSPECTIVES

Joshua expresses remorse for his behaviors the day the incident occurred but still indicates that he believed what
happened was consensual. He states feeling badly that the victim did not feel the same. He states that he would
like to ask the victim questions because he still doesn’t understand what happened. Joshua was not able to
identify how his actions would have harmed the victim so he indicates he isn’t sure how he would repair the harm
other than apologizing.

CONNECTIONS & SUPPORTS TO THE FAMILY

List of people who are connected to or important to the child/youth

(according to the young person if age and developmentally appropriate to ask):

Jay – Mentor
Mother
Aunt
Brother
Cousin
List of people who are connected to or important to parent #1
(from their perspective):

N/A – Youth is over 18

List of people who are connected to or important to parent #2

(from their perspective):

N/A – Youth is over 18.

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 List of team members and/or services providers working with the family:

Joshua – Youth
Jay – Mentor
Daniel Davidson – DCF FSW
Lani Harrington – DOC Probation Officer

CURRENT ASSESSMENT OF CHILD/YOUTH’S STRENGTHS AND NEEDS

Joshua is a great kid who has had a rough go of it according to his long-term mentor. His mentor indicated
that Joshua stayed out of trouble by keeping his head down and working hard despite living in a tough
neighborhood and attending the public school system in NJ which he described as what all of the not rich kids
are left with when the rich kids head off to Charter schools. Joshua obtained his GED and participated in Job
Corps until he was asked to leave following this delinquency. Now Joshua is back in NJ and is hoping to find
employment and his own apartment. Joshua’s YASI risk level is LOW with MODERATE-HIGH
strengths/protective factors.

Joshua reports that he currently lives at home with his brother and his mother. Josh indicates that he, his
brother and his mother are living their own lives, so they are not very connected and are somewhat distant.
He states he does spend some time playing video games and watching tv with his brother but he is also trying
to live his own life so they are not really that close. He stated when they were younger, they played around
more and he was clear in stating that his mother did her best. Josh reports he is close with one of his cousins,
but he has had a decline in interest in hanging out with friends. He states it feels good to hang out with
friends, but he also values alone time. He stated that he keeps to himself and doesn't do much. He reports he
mostly stays inside and sleeps all day but will get outside and walk around at times.

Joshua denies any substance use concerns and reports that while he has tried alcohol and marijuana, he stays
away from both at this point. He reports that he does not want to smoke marijuana until he is able to do it
legally. He indicates that he respects rules and authority which is why he values waiting to use marijuana until
he legally can do so. He also reports he does not have any mental health diagnoses and states that if he ever
feels anxious he just gets outside.

Joshua seems to have a solid understanding that there are things that you can and can’t control in life and he
is able to accept that and move forward. He also believes in mutual respect and walking away from individuals
who are not treating you well. He reports he does not believe in using aggression or violence and has not had
to use either when interacting with others. He is open in identifying that he is “kind of lazy” and that he owns
up to his behaviors and does not blame others. In terms of the charges regarding HH, Josh identified that he
didn’t believe he harmed her but that if he did he would apologize.

Joshua couldn’t identify specific goals but wanted to obtain employment and move into his own apartment.
He was able to identify that in the future if he is in a similar situation he would continually ask the person he is
with if they are okay with progress of their physical relationship. He was clear that if he were having sexual
relations in the future and the person wasn’t saying anything, he would “check” to make sure they were on
the same page.

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Joshua participated in a psychosexual evaluation in the summer of 2022. The evaluator noted that Joshua put
in a significant and steady effort and that his overall cognitive profile is in the low average range. In terms of
his mental health, the evaluator noted “Mr. Aguirre is a shy, modest and rather insecure now 19 yr old male
who has not had the typical adolescent experiences that most young men his age have related to driving a
vehicle, being on athletic teams, attending school events, attending social gatherings with peers, etc.” He
went on to identify that Joshua struggles with Generalized Anxiety, “and likely has issues of abandonment
related to circumstances during his early childhood and adolescence related to limited contact with his birth
father.”

The evaluator commented on the incident that led to the charge indicating that he cannot say what did or did
not occur between Joshua and HH as Joshua continues to believe it was consensual while HH told officers it
was not consensual. The evaluator concluded that in terms of future risk for sexually acting out Joshua would
fall in the low-moderate risk. He indicated that this risk level is due to the “fact that Mr. Aguirre is rather
naïve, has a tendency to misread social cues, struggles advocating for himself and struggles asking questions
to ensure that he is having accurate communication with others.” Due to this, he recommends that he engage
in community-based counseling to address these concerns.

Joshua will benefit from becoming engaged in prosocial activities in his community. Joshua has a mentor who
he is very connected to, and he would benefit from identifying additional supports in his community through
activities he enjoys. Joshua will also benefit from gaining employment so he can begin to save money and
obtain his own housing. Finally, as recommended in the psychosexual, Joshua will benefit from engaging in
individual therapy to address the areas of vulnerability identified in his psychosexual evaluation which
included his tendency to misread social cues, struggles advocating for himself and his struggles asking
questions to ensure that he is having accurate communication with others.

CURRENT ASSESSMENT OF PARENT’S STRENGTHS AND NEEDS

N/A – Youth is over 18.

ACTION PLAN

Name: Joshua Aguirre

Behaviorally Specific Joshua will engage in healthy and safe relationships where all sexual activity is
Objective Statement: consensual.
Action Steps Timeline to Achieve Action Steps
1. Joshua will work with a professional in either an
individual or group setting to understand and be able
to describe consent. Joshua will demonstrate an
6 Months
understanding of consent before being discharged
from probation.

2. Joshua will work with a restorative justice center or

similar program to understand the impact of his
actions on the victim and participate in repairing any 6 Months
harm.

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 3. Joshua will engage in (weekly) therapy with a
counselor to address the domains of vulnerability
identified in the psychosexual (misreading social cues, 6 Months
struggles with advocating for himself, communication
with others.)

Name: Joshua Aguirre

Behaviorally Specific Joshua will engage more fully in his community and obtain employment in
Objective Statement: order to achieve financial self sufficiency.
Action Steps Timeline to Achieve Action Steps
1. Joshua will identify one pro-social activity to engage
in within his community. 6 months

2. Joshua will find employment and remain successfully

employed while on probation. Immediately and ongoing

The Family Services Worker will provide case management and support to the family to achieve the case plan
goal. The Family Services Worker will assess risk, danger, and protective capacities on an ongoing basis. The
Family Services Worker will make referrals for services, be in contact with the family via phone and through in-
person visits, be in contact with the family’s safety network regarding progress and updates, and make
recommendations for strategies to achieve action steps and the case plan goal. The Family Services Worker
will provide information about the behavioral change(s) that need to occur to safely close the case and
achieve permanency for the child.

PROGRESS TOWARD MEETING CASE PLAN GOALS (N/A FOR INITIAL CASE PLANS)

N/A

APPENDIX 1 | PLACEMENT INFORMATION

N/A

APPENDIX 2 | FAMILY TIME, CONTACT & COMMUNICATION SCHEDULE

N/A

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 Family Time & Communication Schedule
Participants
Frequency, Length, & Location
Special Instructions or Parameters
Transportation or Supervision
Arrangements
Change or Cancellation Procedures
Goals & Focus of Family Time

APPENDIX 3 | PHYSICAL HEALTH, DEVELOPMENTAL, MENTAL HEALTH, AND DENTAL

N/A

Date of Last Due for

Provider Name Address
Exam/Visit Appointment?
Medical Home ☐ Yes ☐ No
Dental Home ☐ Yes ☐ No
Therapist ☐ Yes ☐ No
Other Provider ☐ Yes ☐ No
Other Provider ☐ Yes ☐ No
Other Provider ☐ Yes ☐ No

Child/Youth’s Medications (if applicable)

Medication Dosage Treatment For Prescribing Physician

APPENDIX 4 | EDUCATIONAL INFORMATION

N/A
Child/Youth’s Grade Level
School Name
Program Name, if applicable

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 School Address
School Phone Number
LEA
Educational Surrogate
Educational Teams or Supports? IEP? ☐ Yes ☐ No 504 Plan? ☐ Yes ☐ No EST? ☐ Yes ☐ No

APPENDIX 5 | NORMALCY, INTERESTS, RELIGION, AND COMMUNITY/CULTURE

N/A

Person
Services or
Responsible for Parent(s) Views
Activity or Supports
Date Range Providing or Concerns Action Steps
Event Needed to
Support (if applicable)
Participate
Identified

APPENDIX 6 | RIGHTS OF YOUTH AGES 14 AND OLDER IN DCF CUSTODY

The Department for Children and Families (DCF), Family Services Division (FSD) recognizes the following rights
of children and youth in their custody. This list is intended to help youth to understand their rights and to
guide the division and its providers in the delivery of care and services to youth with the commitment to
safety, permanency, and well-being. This list of rights must be reviewed with youth in custody annually,
beginning at age 14. Family Services Workers must provide the list to youth and retain a signed copy for the
DCF-FSD record.

You have the right:

• To be treated with respect by FSD staff, foster parents, and providers without regard to race, ethnicity,
sexual orientation, gender identity or expression, religion and/or disability.
• To be informed in an understandable manner of the reasons FSD became involved with your family and
why you are in care.
• To have family and relatives explored first as potential placement providers.
• To be provided with information about a foster family or program and, whenever possible, have an
opportunity to meet the foster parent or program staff before placement occurs.
• To live in family and placement settings that provide a safe, affirming, and nurturing environment
while supporting your physical and emotional safety, permanency and well-being, including
encouraging your goals, interests, social and school activities. You will have access to personal
possessions and privacy, with allowance for safety.

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 • To have reasonable access to a Family Services Worker or Supervisor who makes case plan decisions.
Reasonable access includes being informed of the Family Services Worker and Supervisor’s office
telephone numbers and email addresses as well as a monthly visit by the Family Services Worker. You
will have the opportunity to have private conversations with your Family Services Worker on a regular
basis. You will also be made aware of the process for contacting the Supervisor and attorney regarding
any questions or concerns. You will be informed of the names and phone numbers of your assigned
attorney and Guardian ad Litem.
• To participate in the development and review of your case plan and have input into changes made to
the plan. If you are age 14 or older, you will be presented with your case plan for review and signature.
You will be included in case plan reviews and permanency hearings unless you chose not to or it has
been determined that participation would not be safe for you. If you are unable to attend in person,
you have the right to submit a written statement to be considered at the meeting.
• To be involved as appropriate with family members and siblings and to participate in the development
of family time plans. You will receive support from your Family Services Worker and foster
family/placement provider in maintaining positive and meaningful contact with significant people
(relatives, teachers, friends, and community supports).
• To be supported to access medical, dental, vision, mental, and behavioral health services regularly and
as needed.
• To have access to information contained in medical and educational records held by FSD as well as
personal documents (your social security card, original birth certificate, green card, etc.). When you
leave care, you will be given these personal documents and copies of medical and educational records
held by FSD.
• To receive assistance in acquiring life skills, education, training, and career guidance to accomplish
personal goals and prepare for the future. You will be informed of resources and case management
supports available to youth ages 14-22 through the Youth Development Program.

This list has been provided to me and explained in an understandable manner.

Youth signature: Date:

My Contact List

Team Members: Phone number: Email:

Your Family Services Worker:

Your Family Services Worker’s Supervisor:

Your Caregiver(s):

Your Youth Development Coordinator:

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 Your Guardian ad Litem:

Your Lawyer:

Your Counselor:

Your DOC Probation Officer (if applicable):

Important Person:

Important Person:

Important Person:

APPENDIX 7 | TERMED PROBATION GRID

The matrix listed below is an application of the Risk, Need, and Responsivity Principle and is intended to
provide guidance when determining the length of time for probation. There is a range within the matrix to
support decision-making based on factors such as risk, offense, services needed, etc. If the charge is a sexual
offense, FSD staff use the sexual risk to reoffend as outlined in the clinical risk assessment/tools to make the
recommendation of term.

Check the appropriate recommendation for term below:

Overall Protective Recommended Length of
Overall Risk Level on YASI
Factors Probation
Low* 0-3 months
☐ High Moderate* 3- 6 months
High 6–12 months
Low* 3-6 months
☒ Moderate Moderate* 6-9 months
High 9–12 months
Low* 3-6 months
☐ Low Moderate* 6-12 months
High 12–24 months
Considerations for when a youth may be appropriate for a supervision period longer than 24 months include:
• Severity of offense

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 • Treatment/service needs that will exceed 24 months
• A pattern of high-risk and/or delinquent behaviors
• A pattern of interventions that have been ineffective in moving a youth towards pro-social behaviors.
*Youth that were either not referred to, or not accepted by, Court Diversion.

APPENDIX 8 | OVER 14 FINANCIAL SELF-SUFFICIENCY INFORMATION

N/A

APPENDIX 9 | TRANSITION TO ADULTHOOD INFORMATION (if applicable)

Will the young person turn 18 within the next 3 months (90 days)? ☐ Yes ☐ No
If yes, complete the Transition to Adulthood (90-Day) Plan.

N/A

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NOTICE & SIGNATURES
Case/Custody Type Applicable Notice

The Family Services Division is providing assistance and support to address risk factors
that place your child(ren) at serious risk of being placed outside of the home or having
additional conditions added to their probation. Our goal is to work with you to keep your
family safe, together, and prevent the need for out-of-home placement or additional
court intervention. Failure to accomplish the recommended goals, behavioral changes, or
services intended to reduce your child’s risk and any other risk in the home within the
Non-Custody
timeframes described in this case plan may result in additional conditions imposed by the
☒ Probation
court or out-of-home placement.
(DP & DY)
Signing this document does not signify agreement with all aspects of the case plan.
Providing a signature means:
→ The parent(s) and youth were involved in developing this case plan;
→ The parent(s) and youth understand what is written in the case plan; and
→ The parent(s) and youth understand the consequence of the above notice.

The Family Services Division is providing assistance and support to address risk factors
that place your child(ren) at serious risk of entering foster care. Our goal is to work with
you to keep your family safe, together, and prevent the need for foster care. Failure to
accomplish the recommended goals, behavioral changes, or services intended to reduce
the risk in your home within the timeframes described in this case plan could result in us
Conditional Custody requesting additional conditions, contacting the court to seek custody of your child(ren),
☐ Order (CCO) to or filing a termination of parental rights (TPR) petition per 33 V.S.A. § 5316 (b)(9).
Parent
Signing this document does not signify agreement with all aspects of the case plan.
Providing a signature means:
→ The parent(s) and youth were involved in developing this case plan;
→ The parent(s) understands what is written in the case plan; and
→ The parent(s) understands the consequence of the above notice.

The Family Services Division is providing assistance and support to address the dangers or
risk factors that resulted in your child(ren) being temporarily removed from your care and
place your child(ren) at serious risk of entering foster care. Our goal is to work with you
to keep your child safe, support you in the recommended behavioral changes to meet
your case plan goal, and prevent the need for foster care. Failure to accomplish the
recommended goals, behavioral changes, or services intended to reduce the risk in your
Conditional Custody home within the timeframes described in this case plan could result in us requesting
☐ Order (CCO) to additional conditions, contacting the court to seek custody of your child(ren), or filing a
Relative/Other termination of parental rights (TPR) petition per 33 V.S.A. § 5316 (b)(9).

Signing this document does not signify agreement with all aspects of the case plan.
Providing a signature means:
→ The parent(s) and youth were involved in developing this case plan;
→ The parent(s) and youth understand what is written in the case plan; and
→ The parent(s) and youth understand the consequence of the above notice.

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 The Family Services Division is providing assistance and support to address the dangers or
risk factors that resulted in your child being temporarily removed from your care. Our
goal is to work with you to keep your child safe and support you in the recommended
behavioral changes to meet your case plan goal. Failure to accomplish the recommended
goals or services within the timeframes described in this case plan may result in the filing
of a termination of parental rights (TPR) petition per 33 V.S.A. § 5316 (b)(9).
☐ DCF Custody
Signing this document does not signify agreement with all aspects of the case plan.
Providing a signature means:
→ The parent(s) and youth were involved in developing this case plan;
→ The parent(s) and youth understand what is written in the case plan; and
→ The parent(s) and youth understand the consequence of the above notice.

PRINTED NAME SIGNATURE

Parent/Legal Guardian Date

PRINTED NAME SIGNATURE

Parent/Legal Guardian Date

PRINTED NAME SIGNATURE

Child/Youth Date

PRINTED NAME SIGNATURE

DCF Family Services Worker Date

Britta Pirrung Britta Pirrung 5/8/23

PRINTED NAME SIGNATURE

DCF Family Services Supervisor Date

Andrea Grimm Andrea Grimm 5/8/23

PRINTED NAME SIGNATURE

DCF Family Services District Director Date

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