Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re N.P.

Court of Appeals of Ohio, Ninth District

January 14, 2004

IN RE: N.P. and H.P.

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS JUVENILE DIVISION COUNTY OF SUMMIT, OHIO CASE Nos. DN01-4-170 DN01-4-171

JOSEPH R. SPOONSTER, Attorney for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and PHILIP D. BOGDANOFF, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

LYNN C. SLABY, Presiding Judge.

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:

{¶1} Appellant, Donna Castner, appeals from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated her parental rights to one of her two minor children and placed that child in the permanent custody of Summit County Children Services Board ("CSB"). Through the same order, the trial court placed Castner's older child in the legal custody of the paternal grandmother ("Grandmother"). We affirm.

{¶2} Castner is the natural mother of N.P., born October 5, 1999, and H.P., born August 14, 2000. Both children were born with medical problems. N.P. was born with a cleft palate that later required several surgeries and involved some feeding issues and a need for speech therapy. H.P. was born with multiple congenital heart defects that have required, and will continue to require, multiple surgeries, daily medication, and ongoing care for the rest of her life. Due to her condition, H.P. requires special care and attendance at regular doctor's appointments. Her caregiver must also have the ability to recognize changes in her condition and respond appropriately. The children were removed from the home due to concerns that Castner was not adequately addressing her children's medical needs because she had her own mental health problems.

{¶3} Castner stipulated that both children were dependent. With an initial goal of reunification, the requirements of her case plans included that she obtain a mental health assessment and follow recommended treatment, that she obtain stable housing, that she complete a course of parenting classes, and that she attend all of the children's medical appointments.

{¶4} CSB eventually moved for permanent custody of H.P. and joined in Grandmother's motion for legal custody of N.P. Following a hearing on both motions, the trial court placed N.P. in the legal custody of Grandmother and placed H.P. in the permanent custody of CSB. The father of both children, F.P., surrendered his paternal rights as to H.P. and supported Grandmother's motion for legal custody of N.P., but he is not a party to this appeal. Castner appeals and raises two assignments of error.

Assignment of Error I

"The trial court's award of permanent custody and grant of legal custody are not supported by sufficient credible evidence meeting the burden of clear and convincing evidence that permanent custody and legal custody to a relative was in the best interests of [H.P.] and [N.P.]"

{¶5} Castner contends that the trial court erred in awarding permanent custody of H.P. to CSB and in awarding legal custody of N.P. to Grandmother. Because the children's placements involve distinct legal issues and their situations differ, we will address the two children separately.

Permanent Custody of H.P.

{¶6} Castner first contends that the trial court's decision to grant CSB's motion for permanent custody of H.P. was not supported by the evidence presented at the hearing. When evaluating whether a judgment is against the manifest weight of the evidence in a juvenile court, the standard of review is the same as that in the criminal context. In re Ozmun (Apr. 14, 1999), 9th Dist. No. 18983, at 3. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.