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In re L.P.

Court of Appeals of Ohio, Third District

June 24, 2013

IN THE MATTER OF: L.P., ALLEGED DEPENDENT CHILD. [SHANE POWELL – APPELLANT]. IN THE MATTER OF: W.P., ALLEGED DEPENDENT CHILD. [SHANE POWELL - APPELLANT].

Appeals from Seneca County Common Pleas Court Juvenile Division Trial Court Nos. 21150040, 21150041

John M. Kahler, II for Appellant

Victor H. Perez for Appellee, SCDJFS

Mary F. Snyder for Appellee, Micki DeLarosa

Beverly and Bonifacio DeLarosa, Appellees

Rebecca Herner, Counsel for CASA Guardian Ad Litem

OPINION

PRESTON, P.J.

{¶1} Father-appellant, Shane Powell, appeals the judgment of the Seneca County Court of Common Pleas, Juvenile Division granting the legal custody of his children, L.P. and W.P., to their maternal grandparents, Beverly and Bonisacio DeLaRosa ("the DeLaRosas"), and granting him supervised visitation for one hour, twice a month. We affirm.

{¶2} On September 7, 2011, the Seneca County Department of Job and Family Services ("SCDJFS") filed complaints alleging that L.P., eight years of age, and W.P., five years of age, were neglected and dependent children as defined in R.C. 2151.03(A)(2), 2151.04(C). The complaint concerning L.P. was assigned trial court case no. 21150040, and the complaint concerning W.P. was assigned trial court case no. 21150041. (Doc. No. 1).[1] The complaints were filed after both parents admitted they were heroin addicts and had used bath salts to get high, and after Shane was arrested on drug trafficking charges. (Id., West Aff, attached).

{¶3} Contemporaneous to filing the complaint, SCDJFS also requested ex parte orders to place the children in Beverly DeLaRosa's temporary custody under its protective supervision and order the children's parents, Shane Powell and Micki DeLaRosa, [2] to complete substance abuse treatment pursuant to R.C. 2151.3514. (Doc. No. 3). The trial court granted the ex parte orders that same day. (Doc. No. 4). The trial court also appointed one Guardian Ad Litem ("GAL") for both L.P. and W.P. (Doc. No. 5).

{¶4} On September 8, 2011, a shelter care hearing was held. (Doc. No. 6). The parents waived a probable cause hearing, and the trial court ordered that the minor children remain in Beverly DeLaRosa's temporary care and custody and under SCDJFS' protective supervision. (Id); (Doc. No. 8); (Doc. No. 12). The trial court also determined that both parents were indigent and entitled to court-appointed counsel. (Doc. No. 6); (Doc. Nos. 9-10); (Doc. No. 12). The trial court gave Beverly discretion to allow the parents to visit the minor children provided that visitation was at a supervised visitation facility such as Patchworks House. (Doc. No. 6); (Doc. No. 12).

{¶5} On October 7, 2011, the trial court held an adjudication hearing, and the parents both admitted that L.P. and W.P. were dependent children pursuant to R.C. 2151.04(C). (Doc. No. 14). The trial court found the minor children dependent based upon the parties' admission, and, thereafter, SCDJFS dismissed the remaining allegations in the complaint. (Id). The trial court ordered that the children remain in the DeLaRosas' temporary custody and under SCDJFS' protective supervision. (Id). The trial court further ordered that the parents continue their respective substance abuse treatment plans. (Id).

{¶6} On November 23, 2011, the trial court held a dispositional hearing. (Doc. No. 19). Shane was not in agreement with the proposed disposition recited by SCDJFS, so the court proceeded to a full dispositional hearing. (Id). After presentation of the evidence, the trial court ordered that the children remain in the DeLaRosas' temporary custody and under the SCDJFS' protective supervision. (Id). The trial court granted Micki visitation as agreed by the custodian, and if not agreed, visitation at Patchworks House. (Id.). The trial court granted Shane visitation at Patchworks House and ordered that he have no contact with the DeLaRosas. (Id.).

{¶7} On February 9, 2012, Shane filed a motion to order the DeLaRosas to transport the children to CROSSWAEH Community Based Correctional Facility for visitation. (Doc. No. 21).

{¶8} On February 28, 2012, the trial court held a review hearing and hearing on the motion Shane filed for visitation. (Doc. No. 22). The trial court continued its previous orders and allowed the paternal grandparents visitation at Patchworks House. (Doc. No. 29). The trial court also denied Shane's motion for visitation at CROSSWAEH, and ordered that the children's counseling continue. (Id).

{¶9} On May 9, 2012, the GAL filed a motion for an in camera interview of the minor children, which the trial court granted and held the hearing on June 15, 2012. (Doc. Nos. 33-35).

{¶10} On June 21, 2012, the SCDJFS filed a motion to modify the trial court's dispositional order to award the DeLaRosas legal custody of L.P. and W.P., terminate its protective supervision, order appropriate parental visitation, and establish child support. (Doc. No. 38).

{¶11} On June 22, 2012, the paternal grandparents, Douglas and Bonnie Powell ("the Powells"), filed a motion to intervene to protect their rights and advocate for reunification of the children with their father, and son, Shane. (Doc. No. 39). The trial court scheduled a hearing on this motion for July 25, 2012; however, the Powells filed a motion to continue the hearing. (Doc. Nos. 42-43). The trial court was unable to reschedule the motion hearing prior to the previously scheduled August 28-29, 2012 annual review hearing and hearing on the motion to modify the previous disposition orders; consequently, the trial court ordered that the motion to intervene be decided on briefs. (Doc. Nos. 42, 44). On August 20, 2012, the trial court denied the Powells' motion to intervene. (Doc. No. 50).

{¶12} On August 28, 2012, the trial court held a combined annual review/motion to modify disposition hearing. The second day of the hearing was continued to October 2, 2012. (Doc. Nos. 54, 56).

{¶13} On October 12, 2012, the trial court filed entries granting SCDJFS' motion to modify disposition granting the DeLaRosas legal custody of the minor children. (Doc. No. 61). The trial court stated in the entry that child support would be determined at a subsequent hearing scheduled for November 9, 2012. (Id); (Doc. No. 62).

{¶14} On October 29, 2012, Shane filed notices of appeal from the trial court's October 12, 2012 entries awarding legal custody to the DeLaRosas, which were assigned appellate case nos. 13-12-47 and 13-12-48. (Doc. No. 63).

{¶15} On November 9, 2012, a hearing on child support was held before a magistrate who subsequently recommended that Shane and Micki should each pay $335.76 per month in child support. (Doc. No. 70). The trial court adopted and approved the magistrate's recommendation on November 13, 2012. (Doc. No. 71).

{¶16} On December 4, 2012, this Court sua sponte dismissed Shane's appeals in case nos. 13-12-47 and 13-12-48 for lack of jurisdiction since the trial court's October 12, 2012 entry failed to dispose of child support and was not, ...


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