In re D.C. , 2021 Ohio 2735 ( 2021 )

[Cite as In re D.C., 2021-Ohio-2735.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF: D.C. JUDGES:
Hon. William B. Hoffman, P.J.
Hon. Patricia A. Delaney, J.
Hon. Earle E. Wise, Jr., J.
Case No. 2021CA00047
OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Stark County Court of
Common Pleas, Family Court Division,
Case No. 2021JCV00073
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: August 9, 2021
APPEARANCES:
For Plaintiff-Appellee For Mother Defendant-Appellant
BRANDON J. WALTENBAUGH BERNARD L. HUNT
Stark County Department of Jobs and 2395 McGinty Road, N.W.
Family Services North Canton, Ohio 44720
402 2nd Street, S.E.
Canton, Ohio 44702
Stark County, Case No. 2021CA00047 2
Hoffman, P.J.
{¶1} Appellant Tasha Reeves (“Mother”) appeals the March 29, 2021 Judgment
Entry and Findings of Fact and Conclusions of Law entered by the Stark County Court of
Common Pleas, Family Court Division, which terminated her parental rights, privileges,
and responsibilities with respect to her minor child (“the Child”), and granted permanent
custody of the Child to appellee Stark County Department of Job and Family Services
(“SCDJFS”).
STATEMENT OF THE CASE AND FACTS
{¶2} On March 3, 2020, SCDJFS filed a Complaint, alleging the Child was
dependent and/or neglected. The Complaint requested permanent custody be awarded
to SCDJFS. SCDJFS filed the Complaint due to concerns relative to Mother's extensive
history with SCDJFS which included multiple court involvements resulting in Mother's
losing legal and permanent custody of her four other children and Mother's recent
involvement with children services in the state of Michigan regarding her ability to safely
parent the Child. The Complaint also noted the concerns which gave rise to the actions
involving Mother's four other children centered on Mother exposing the children to sexual
offenders, failing to protect the children from sexual abuse, deplorable home conditions,
Mother's mental health issues, and her faulty decision making. In addition, despite ten
years of involvement with SCDJFS, Mother had not improved her parenting skills and was
still struggling with the same chronic issues. Mother was unable to meet the Child's needs
and unable to maintain a sanitary and safe home environment.
{¶3} Prior to the filing of the instant Complaint, SCDJFS worked with Mother and
the Child on a non-court basis, which included Goodwill home based services. The
Goodwill parenting coach reported concerns with Mother's ability to maintain a
Stark County, Case No. 2021CA00047 3
consistently clean home, failure to keep negative people out of the home, the keeping of
multiple animals in the home and not cleaning up animal feces which littered the floors
throughout the home, and leaving dangerous items such as lighters within the Child's
reach.
{¶4} Following a shelter care hearing, the trial court placed the Child in the
emergency temporary custody of SCDJFS. The trial court scheduled the matter for trial
on May 18, 2020. Upon Mother's request, the trial court continued the trial until May 28,
2020.
{¶5} The matter proceeded to trial as scheduled on May 28, 2020. Via Judgment
Entry filed May 28, 2020, the trial court found the Child to be dependent, terminated
Mother's parental rights, privileges, and responsibilities with respect to the Child, and
granted permanent custody of the Child to SCDJFS. The trial court issued a nunc pro
tunc entry on June 3, 2020, to correct typographical errors in the May 28, 2020 Judgment
Entry. Mother appealed the decision to this Court.
{¶6} We affirmed the trial court’s decision finding the Child was a dependent
child, but reversed the trial court’s granting of permanent custody. In re: D.C., 5th Dist.
Stark No. 2020CA00093, 2020-Ohio-5112. We found, because there was no evidence in
the record establishing Mother consented to the dispositional hearing being held
immediately after the adjudicatory hearing, the trial court failed to comply with Juv.R.
34(A). Id. at ¶24. We further found the “trial court's failure to bifurcate proceedings, as
required both by R.C. 2151.35(B)(1) and Juv.R. 34(A), constitute[d] reversible error.” Id.
{¶7} On January 22, 2021, following this Court’s remand, SCDJFS filed a motion
to dismiss without prejudice as the matter could not be completed within the statutory time
Stark County, Case No. 2021CA00047 4
constraints. The trial court granted the motion on the same day. Also, on the same day,
SCDJFS refiled the complaint, again alleging the Child was a dependent and/or neglected
child, and requesting permanent custody be granted to the Agency. The trial court
conducted an emergency shelter care hearing and placed the Child in the emergency
temporary custody of SCDJFS.
{¶8} On March 29, 2021, the trial court conducted a hearing on SCJFS’s
complaint.
{¶9} Shawn Miller, the ongoing caseworker assigned to the family, testified
Mother had an extensive history with SCDJFS as well as children services in the state of
Michigan. Child protective services in Michigan began investigating Mother in 2017, due
to concerns Mother was exposing the Child to domestic violence and sexual offenders,
and Mother's home did not have hot water. The state of Michigan did not file a formal
complaint relative to the Child as Mother moved to Ohio. Miller noted SCDJFS was
granted permanent custody of Mother's two oldest children in 2010, and two other children
on February 27, 2020 (Case Nos. 2017JCV01236 and 2017JCV01237).
{¶10} Miller indicated Mother routinely allowed sex offenders around her children.
SCDJFS had concerns regarding Mother’s drug abuse. Mother’s most recent case plan
required her to engage in substance abuse treatment, complete parenting classes, and
undergo mental health treatment. Despite the services, SCJFS continued to have
concerns about Mother's ability to safely care for the Child. Mother’s home was in
deplorable condition and the odor of marijuana emanated from the residence. Mother
permitted an individual who had lost custody of her own children to babysit the Child.
Mother did not successfully complete parenting classes. Mother was unable to properly
Stark County, Case No. 2021CA00047 5
supervise the Child during visits. When the Child was removed from Mother’s custody,
he was four years old and not yet toilet trained.
{¶11} Kimberly Gabel, an SCDJFS caseworker, accompanied Miller on three
successful home visits. The home was in deplorable condition, filled with animal feces.
Gabel recalled a strong odor of marijuana coming from the Child's bedroom and an
unidentified man was laying on a mattress in the room. Gabel expressed her concerns
about the Child’s developmental delays and behavioral issues. Gabel indicated she is
also assigned to the newest SCDJFS case involving Mother’s newborn. The concerns in
both cases are the same.
{¶12} Jennifer Fire, the Goodwill parenting program supervisor, testified Mother
was enrolled in the parenting skills training program and the home-based program. Fire
indicated Mother did not successfully complete the parenting skills training program. Fire
noted she observed “little to no improvement at all” in Mother’s parenting practices. Fire
stated Mother failed to properly supervise the Child during visits. On one occasion, the
Child was alone, running around the parking lot. Mother was re-enrolled in the home-
based program from July, 2020, to March, 2021. Fire observed similar concerns.
{¶13} Dr. Aimee Thomas testified she conducted Mother’s parenting evaluation in
2010, and again in 2018. The 2018 evaluation was admitted into evidence. Dr. Thomas
stated Mother had prior involvement with SCJFS due to concerns with her exposing her
children to inappropriate individuals. Mother related a history of violent relationships.
Mother also had a history of unstable housing. Dr. Thomas found Mother met the criteria
for Major Depressive Disorder, Recurrent. Mother also described symptoms of
depression, including low energy, lack of motivation, and depressed appetite. Mother
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would have difficulty functioning for weeks at a time during the depressive episodes. Dr.
Thomas noted Mother did not want to be prescribed an anti-depressant because of a prior
negative reaction she had experienced with one. Mother did report a willingness to
participate in individual counseling.
{¶14} Dr. Thomas recommended Mother engage in individual counseling and
psychiatric services, successfully complete Goodwill parenting classes, and demonstrate
an ability to financially provide for her family. Dr. Thomas indicated she would have
concerns about Mother’s ability to safely parent if Mother was unable to successfully
complete these recommendations.
{¶15} The trial court found the Child to be dependent and all parties agreed to
proceed with the trial on the dispositional request of permanent custody to SCDJFS.
{¶16} Shawn Miller again testified Mother had lost legal and permanent custody
of multiple children due to concerns regarding the home conditions and Mother allowing
inappropriate individual around the children. Mother’s previous case plans required her
to complete parenting classes, engage in individual therapy, and undergo anger
management treatment. Miller also recommended Mother maintain sanitary home
conditions. Miller testified Mother failed to complete her case plan. Mother tested positive
for cocaine in 2019. Mother was unable to make any meaningful changes to her parenting
practices.
{¶17} Kimberly Gabel again testified. Her testimony was similar to the testimony
she provided at the May 28, 2020 hearing. Gabel concluded, although Mother is trying
and she loves the Child, Mother is unable to make any meaningful changes.
Stark County, Case No. 2021CA00047 7
{¶18} Kelly Stuhldreher testified she has been Mother’s mental health counselor
since November, 2020. Mother is diagnosed with Major Depressive Disorder, Recurrent
(moderate), and anxious distress (moderate). Mother also had a personal history of
psychological trauma. Mother meets with a nurse practitioner, who is prescribing her
medication. Stuhldreher believed Mother was making progress, but acknowledged she
and Mother have not discussed parenting skills or practices.
{¶19} Mother testified on her own behalf. Mother acknowledged she had recently
missed a number of drug screens. Mother admitted she had lost both legal and
permanent custody of four other children.
{¶20} Kimberly Gabel testified during the best interest portion of the hearing. The
Child sees a counselor and is prescribed medication. The Child is on an Individualized
Educational Plan (“IEP”) and was able to transition from a specialized school setting into
a regular classroom setting. When the Child was first placed in SCDJFS custody, he was
not toilet trained, but as of the date of the permanent custody hearing, the Child was using
the toilet. Gabel noted the Child still struggles with smearing feces on the wall. Gabel
explained the Child is processing the trauma he has experienced. According to Gabel,
the Child is “making huge strides and improvement.”
{¶21} Currently, the Child is placed in a foster home with two of his siblings. He is
bonded with the foster family and his siblings. The foster parents have adopted the Child’s
siblings. Gabel noted there are no appropriate relatives to care for the Child.
{¶22} Mary Lou Sekula, the guardian ad litem for the Child, offered a statement to
the court. Sekula stated she did not believe Mother was able to safely care for the Child.
Stark County, Case No. 2021CA00047 8
The guardian noted the Child was doing well in his current placement and she believed
permanent custody was in the Child's best interest.
{¶23} The trial court issued Findings of Fact and Conclusions of Law with on
March 29, 2021. Via Judgment Entries filed March 29, 2021, the trial court terminated
Mother's parental rights, privileges, and responsibilities and granted permanent custody
of the Child to SCDJFS.
{¶24} It is from this judgment entry Mother appeals, assigning as error:
THE TRIAL COURT ERRED IN ITS JUDGMENT ENTRY FINDING
THAT THE MINOR CHILD SHOULD NOT BE PLACED WITH THE
APPELLANT AT THE TIME OF THE TRIAL.
{¶25} This case comes to us on the expedited calendar and shall be considered
in compliance with App. R. 11.2(C).
I
{¶26} As an appellate court, we neither weigh the evidence nor judge the
credibility of the witnesses. Our role is to determine whether there is relevant, competent
and credible evidence upon which the fact finder could base its judgment. Cross Truck v.
Jeffries (Feb. 10, 1982), Stark App. No. CA5758. Accordingly, judgments supported by
some competent, credible evidence going to all the essential elements of the case will not
be reversed as being against the manifest weight of the evidence. C.E. Morris Co. v.
Foley Constr. (1978), 54 Ohio St.2d 279.
Stark County, Case No. 2021CA00047 9
{¶27} R.C. 2151.414 sets forth the guidelines a trial court must follow when
deciding a motion for permanent custody. R.C. 2151.414(A)(1) mandates the trial court
schedule a hearing and provide notice upon the filing of a motion for permanent custody
of a child by a public children services agency or private child placing agency that has
temporary custody of the child or has placed the child in long term foster care.
{¶28} Following the hearing, R.C. 2151.414(B) authorizes the juvenile court to
grant permanent custody of the child to the public or private agency if the court
determines, by clear and convincing evidence, it is in the best interest of the child to grant
permanent custody to the agency, and that any of the following apply: (a) the child is not
abandoned or orphaned, and the child cannot be placed with either of the child's parents
within a reasonable time or should not be placed with the child's parents; (b) the child is
abandoned; (c) the child is orphaned and there are no relatives of the child who are able
to take permanent custody; or (d) the child has been in the temporary custody of one or
more public children services agencies or private child placement agencies for twelve or
more months of a consecutive twenty-two month period ending on or after March 18,
1999.
{¶29} Therefore, R.C. 2151.414(B) establishes a two-pronged analysis the trial
court must apply when ruling on a motion for permanent custody. In practice, the trial
court will usually determine whether one of the four circumstances delineated in R.C.
2151.414(B)(1)(a) through (d)is present before proceeding to a determination regarding
the best interest of the child.
{¶30} If the child is not abandoned or orphaned, the focus turns to whether the
child cannot be placed with either parent within a reasonable period of time or should not
Stark County, Case No. 2021CA00047 10
be placed with the parents. Under R.C. 2151.414(E), the trial court must consider all
relevant evidence before making this determination. The trial court is required to enter
such a finding if it determines, by clear and convincing evidence, that one or more of the
factors enumerated in R.C. 2151.414(E)(1) through (16) exist with respect to each of the
child's parents.
{¶31} R.C. 2151.414(E) provides, in pertinent part:
(E) In determining at a hearing held pursuant to division (A) of this
section or for the purposes of division (A)(4) of section 2151.353 of the
Revised Code whether a child cannot be placed with either parent within a
reasonable period of time or should not be placed with the parents, the court
shall consider all relevant evidence. If the court determines, by clear and
convincing evidence, at a hearing held pursuant to division (A) of this
section or for the purposes of division (A)(4) of section 2151.353 of the
Revised Code that one or more of the following exist as to each of the child's
parents, the court shall enter a finding that the child cannot be placed with
either parent within a reasonable time or should not be placed with either
parent:
(1) Following the placement of the child outside the child's home and
notwithstanding reasonable case planning and diligent efforts by the agency
to assist the parents to remedy the problems that initially caused the child
to be placed outside the home, the parent has failed continuously and
repeatedly to substantially remedy the conditions causing the child to be
Stark County, Case No. 2021CA00047 11
placed outside the child's home. In determining whether the parents have
substantially remedied those conditions, the court shall consider parental
utilization of medical, psychiatric, psychological, and other social and
rehabilitative services and material resources that were made available to
the parents for the purpose of changing parental conduct to allow them to
resume and maintain parental duties.
***
(11) The parent has had parental rights involuntarily terminated with
respect to a sibling of the child pursuant to this section or section 2151.353
or 2151.415 of the Revised Code, or under an existing or former law of this
state, any other state, or the United States that is substantially equivalent
to those sections, and the parent has failed to provide clear and convincing
evidence to prove that, notwithstanding the prior termination, the parent can
provide a legally secure permanent placement and adequate care for the
health, welfare, and safety of the child.
***
(16) Any other factor the court considers relevant.
{¶32} We find the trial court's finding the Child could not and should not be placed
with Mother within a reasonable period of time is supported by the evidence. SCDJFS
has been involved with the family for over ten years. Despite years of case plan services,
Mother has been unable to adequately and safely care for the Child. Mother did not
successfully complete parenting classes, showing “little to no improvement at all.” Mother
Stark County, Case No. 2021CA00047 12
could not properly supervise the Child during visits. The deplorable condition of Mother’s
home remained a concern. Mother repeatedly allowed sexual offenders to be in the
company of her children.
{¶33} Moreover, pursuant to R.C. 2151.414(E)(11), the trial court was required to
find the Child could not and should not be placed with Mother within a reasonable time
because Mother (1) has had her parental rights involuntarily terminated with respect to
the Child's siblings, and (2) Mother failed to provide clear and convincing evidence to
prove, notwithstanding the prior termination, she could provide a legally secure
permanent placement and adequate care for the health, welfare, and safety of the Child.
{¶34} Mother did not appeal the trial court’s finding permanent custody was in the
Child’s best interest. We have reviewed the record and find the trial court properly
considered and weighed the factors in R.C. 2151.414(D). We find the trial court's
conclusion a grant of permanent custody to SCDJFS is in the best interest of the Child is
supported by competent and credible evidence.
{¶35} Mother’s sole assignment of error is overruled.
Stark County, Case No. 2021CA00047 13
{¶36} The judgment of the Stark County Court of Common Pleas, Family Court
Division, is affirmed.
By: Hoffman, P.J.
Delaney, J. and
Wise, Earle, J. concur