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In re T.G.

Court of Appeals of Ohio, Fifth District

June 24, 2013

IN RE: T.G.

Appeal from the Stark County Court of Common Pleas, Family Court Division, Case No. 2011JCV00077

For Appellee: LISA A. LOUY STARK COUNTY JFS

For Appellant: AARON KOVALCHIK

JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Hoffman, P.J.

{¶1} Appellant Frank Mason ("Father) appeals the February 7, 2013 Judgment Entry and the February 7, 2013 Findings of Fact and Conclusions of Law, which terminated his parental rights, privileges and responsibilities with respect to his minor child, and granted permanent custody of the child to appellee Stark County Department of Job and Family Services ("SCDJFS").

STATEMENT OF THE FACTS AND CASE

{¶2} Father and Scarlett Grit[1] are the biological parents of T.G. (dob 1/14/11). The parents are not married. On January 18, 2011, SCDJFS filed a complaint alleging T.G. was a dependent, neglected, and abused child. The child was placed in the temporary custody of SCDJFS following an emergency shelter care hearing on January 19, 2011.

{¶3} SCDJFS filed a case plan on February 10, 2011. The magistrate conducted a hearing on March 10, 2011, and found T.G. dependent. The magistrate ordered T.G. remain in the temporary custody of SCDJFS.

{¶4} In early May, 2011, genetic testing confirmed Father was the biological father of T.G. Father began working on his case plan in July, 2011. Father's case plan initially required him to complete a drug and alcohol assessment at Quest and a parenting evaluation at Northeast Ohio Behavioral Health, and follow all recommendations. After the assessments were completed, the recommendations were incorporated into Father's case plan. Specifically, Father was required to complete the Multiple Offender Program at Quest, complete Goodwill Parenting, engage in individual counseling, undergo anger management, and complete the intensive parent-child interaction program upon completion of the Goodwill parenting classes.

{¶5} A dispositional review hearing was conducted on July 6, 2011. The case plan review packet was approved and adopted, and the status quo continued. SCDJFS filed a motion for permanent custody on August 25, 2011. Father filed a motion for extension of temporary custody on September 22, 2011. The trial court conducted a hearing on the motions on September 29, 2011. SCDJFS withdrew the motion for permanent custody. The trial court granted Father's motion to extend temporary custody, and scheduled an annual review hearing for December 12, 2011. SCDJFS subsequently filed a motion to extend temporary custody, which the trial court granted. Prior to a dispositional review hearing on June 6, 2012, SCDJFS filed another motion to extend temporary custody. The trial court extended temporary custody to January 14, 2013.

{¶6} SCDJFS filed a motion for permanent custody on December 3, 2012. The trial court scheduled the motion for hearing on January 30, 2013.

{¶7} Kristal Brown, the ongoing caseworker, testified T.G. was placed in the temporary custody of SCDJFS on March 10, 2011, and had not been removed from the agency's custody since that day. As such, at the time of the hearing, T.G. had been in the temporary custody of SCDJFS for a period of twelve or more months of a consecutive twenty-two month period.

{¶8} Brown testified Father completed a parenting evaluation at Northeast Ohio Behavioral Health. As the result of the evaluation, it was recommended Father complete the Multiple Offender Program at Quest, Goodwill Parenting, Intensive Parent Child Intervention, anger management, and individual counseling. Father completed the Multiple Offender Program at Quest. He completed the Goodwill Parenting in January, 2012. However, Father was not consistent in starting and completing services upon first attempts. At the time of the hearing, Father had completed half of the Intensive Parent Child Intervention Program. He had commenced anger management classes, but had been terminated. ...


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