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In the Matter of: R.E.P.

October 14, 2011

IN THE MATTER OF: R.E.P.


CHARACTER OF PROCEEDING: Civil appeal from the Tuscarawas County Court of Common Pleas, Case No. 11JN00088

The opinion of the court was delivered by: Gwin, P.J.

Cite as In re R.E.P.,

JUDGES: : Hon. W. Scott Gwin, P.J. : Hon. Julie A. Edwards, J : Hon. Patricia A. Delaney, J.

OPINION

JUDGMENT: Affirmed

{1} Appellant-mother J.S.*fn1 appeals the April 26, 2011, Judgment Entry of the Tuscarawas County Court of Common Pleas, Juvenile Court Division, which terminated her parental rights with respect to her minor child, R.E.P and granted permanent custody of the child to appellee, Tuscarawas County Job & Family Services (hereinafter "TCJFS").

I. PROCEDURAL HISTORY

{2} Appellant J.S. is the biological mother of R.E.P.*fn2 R.E.P. was born on February 8, 2011.

{3} On February 10, 2011, TCJFS filed a complaint alleging R.E.P. age 2 days old was a dependent child. The child was removed directly from the hospital. At the time of removal, the parents had a pending dependency and neglect case with their two older children, I.S. and R.P. in Tuscarawas County Court of Common Pleas, Juvenile Division Case Number 10 JN 00138.

{4} At the shelter care hearing on February 10, 2011 the court ordered R.E.P. to be placed in the temporary custody of TCJFS. An adjudicatory hearing was held on March 9, 2011 and the trial court found R.E.P. to be dependent. The dispositional hearing was scheduled for April 7, 2011 to be considered in conjunction with the permanent custody hearing of R.E.P.'s two brothers, R.P. age 7 and I.S. age 10

{5} The paternal grandparents, Mr. and Mrs. P. filed a motion to intervene, a motion for legal custody and temporary custody and a motion for a home study on February 14, 2011. An adjudicatory hearing was held on March 9, 2011 and the trial court found R.E.P. to be dependent and overruled the grandparents' motions. {6} On February 18, 2011, TCJFS filed a motion for permanent custody. The permanent custody hearing was held on April 7 and April 14, 2011 at the same time as the permanent custody hearing of R.E.P.'s two older brothers. The trial court awarded TCJFS permanent custody of the minor child R.E.P.

II. STATEMENT OF THE FACTS

{7} TCJFS became involved with this family the most recent time on March 29, 2010, by filing a Complaint alleging that I.S. and R.P. were dependent and neglected children.

{8} The concerns presented were that the parents in the home were not following through with the recommendations of TCJFS in a recently-closed diversion case. It was apparent that the parents would make improvements while TCJFS was involved with hygiene, supervision, etc., but as soon as TCJFS was no longer involved the situation devolved again to one of neglect.

{9} A case plan was filed for the parents with the goal of reunification. Worker Jaime Grunder testified that the plan did not require the parents to complete services that were very recently completed by mother and/or father, such as parenting classes.

{10} The children were placed in a foster home with the Village Network. The worker assigned to the children was Ms. Brandi Ankrom. Ms. Ankrom also is the counselor for R.P. The counselor for I.S. through the Village Network is Ms. Judy McGill. She already had a relationship with both R.P. and I.S. due to her position as the school social worker at New Philadelphia City Schools. The children were attending New Philadelphia Schools while in the home of the parents.

{11} When the schedule of the children's counseling was changed in late August 2010 due to scheduling reasons to directly follow the visits between the children and their parents, the counseling sessions for both I.S. and R.P. deteriorated dramatically. The visits were suspended for a brief trial period in October per the agreement of the parties. The visits were suspended indefinitely by the Court in February 2011 in an attempt to see if the visits were the reasons that the children had become out of control. The behaviors of the children improved dramatically according to all the professionals involved during the times when the visitation schedule was suspended.

{12} R.P. stated to Ms. Ankrom that he would get his "ass beat" in the home of his parents regarding his toileting accidents. I.S. also told his counselor Ms. McGill that he saw R.P. getting hit with a belt in reference to toileting issues. Ms. McGill testified that this physical retribution for toileting accidents made toileting issues worse for R.P.

{13} While the case was progressing with R.P. and I.S., appellant-mother gave birth to R.E.P. on February 8, 2011.

{14} Ms. Grunder testified that mother continued to deny that she was pregnant and did not begin to receive prenatal care until December for her child that was born in February. Ms. Grunder further testified both parents completed their case plan objectives in this case.

{15} Ms. Grunder testified that the parents contacted Developmental Disability Services but they were not eligible for services because they did not have mental health issues. Dr. Exley also recommended case management services for the parents. Ms. Grunder testified that mother did everything within her power to try and get case management services. The agency contacted CMH Southeast and MRDD now known as DD and when these 2 agencies reported parents were not eligible for services, the agency did nothing further to obtain case management services for the parents.

{16} The maternal grandmother, M. B. and her husband also offered to assist in case management services, but were denied.

{17} Judy McGill (I.S.'s counselor), Julie McFarland (R.P.'s personal one-on- one school aide) and Brandi Ankrom (Village Network Assistant Coordinator and R.P.'s individual therapist) all testified that R.P.'s toileting issues of defecating and urinating in his pants have continued even though he has been in foster care for almost a year.

{18} Ms. McGill testified that she was aware of 2 accidents with R.P. since his visits with his parents were suspended and she was also aware of accidents occurring at the Village Network during counseling sessions. One of the accidents occurred when R.P. was sick with ...


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