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In Re: J.C. and J.C.

September 28, 2011

IN RE: J.C. AND J.C.


APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. DN08-11-0940 DN08-11-0941

The opinion of the court was delivered by: Whitmore, Presiding Judge.

Cite as In re J.C.,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant, Amber C. ("Mother"), appeals from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that placed her two minor children in the legal custody of their foster parents. This Court affirms.

I

{¶2} Mother is the natural mother of J.C., born February 18, 2006, and J.C., born February 8, 2007. On November 21, 2008, Summit County Children Services Board ("CSB") filed complaints alleging that J.C. and J.C. were dependent children because Mother had violated a no contact order by allowing them to have unsupervised contact with their father, who had a history of domestic violence against Mother. The father of the children later relinquished his parental rights and is no longer involved in this case.

{¶3} The children were adjudicated dependent and placed in the temporary custody of CSB. Less than two months later, CSB moved for permanent custody of both children, alleging that they had been in its temporary custody for at least 12 of the prior 22 months, based primarily on the time they spent in its temporary custody in a prior dependency case. Following a hearing, the trial court terminated Mother's parental rights and placed the children in the permanent custody of CSB. This Court reversed that decision on appeal, however, because the record failed to demonstrate that the children had been in CSB's temporary custody for the requisite 12-month period at the time CSB filed its permanent custody motion. See In re J.C., 9th Dist. No. 25006, 2010-Ohio-637, at ¶12-14.

{¶4} On remand, CSB filed a new motion for permanent custody. Following a hearing on that motion, the trial court denied CSB's request for permanent custody and instead extended temporary custody because Mother had substantially complied with the requirements of the case plan. During the next several months, Mother began intensive parent-child therapy with the children and eventually was given overnight visitation with them at her home. Mother worked with the therapist to learn appropriate ways to handle her children's behavioral problems.

{¶5} Mother eventually filed a motion for legal custody of J.C. and J.C. Although Mother's ability to care for the children had improved, CSB and the guardian ad litem did not believe that she had the necessary tools to provide a home for them on a full-time basis. Therefore, CSB filed an alternative dispositional motion, requesting that J.C. and J.C. be placed in the legal custody of their foster parents. Following a hearing on the competing motions, the trial court placed the children in the legal custody of the foster parents and granted Mother standard visitation rights. Mother appeals and raises one assignment of error.

II

Assignment of Error

"THE DECISION OF THE TRIAL COURT TO GRANT LEGAL CUSTODY OF THE CHILDREN TO A NON-PARENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."

{ΒΆ6} Mother argues that the trial court erred in placing her two children in the legal custody of the foster parents rather than ...


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