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In re A.G.

Court of Appeals of Ohio, Fifth District

June 26, 2013

IN THE MATTER OF: N.G. (04/26/99); J.G. (11/25/00); A.G. (01/25/01); J.G. (06/16/03); T.G. (05/11/05; H.G. (02/13/07); M.G. (08/18/08); A.G. (08/16/10) DEPENDENT CHILDREN

Civil Appeal from the Court of Common Pleas, Juvenile Division, Case Nos. 10JC00350 and 10JC00460

For Appellee For DANIEL PADDEN Guardian Ad Litem ANDREW WARHOLA.

For Appellant Mother RONALD C. COUCH.


For all Children except J.G. (11/25/00) FEISUL KHAN.

JUDGES: Hon. W. Scott Gwin, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.


Wise, J.

{¶1} Appellant-Mother Tina Gyles appeals from the December 27, 2012, decision of the Guernsey County Court of Common Pleas, Juvenile Division, granting permanent custody of her eight children to Appellee Guernsey County Children Services Board.

{¶2} These cases come to us on the expedited calendar and shall be considered in compliance with App.R. 11.2(C).


{¶3} Appellant-Mother Tina Gyles and Father Matthew Gyles are the biological parents of N.G. (4/26199), J.G (11/25/00), A.G. (01/25/01), J.G. (6/16/03), T.G. (5/11/05), H.G. (2/13/07), M.G. (08/18/08), and A.G. (8/16/10).

{¶4} On April 17, 2010, Guernsey County Children Services Board (hereinafter "GCCSB") received a referral with concerns regarding the Gyles Children. (T. at 238). Specific concerns were reported after Guernsey County Law Enforcement received a 9-1-1 hang-up call from the Gyles Residence. Id. The sheriffs deputy who responded found that there were seven children in the home with no adult supervision (the parents were later located in a workshop on the same premises); a baby was observed on the floor with dried feces running up his back and no running water in the residence. (T. at 238-239). An eighth child (A.G.) would be born during the pendency of these cases.

{¶5} Caseworkers Maria Neiswonger and Elissa Mallett responded to the Gyles home. (T. at 239). The caseworkers found the Gyles residence was without a working bathroom. The family used a 5 gallon bucket and buried the waste in the yard, daily. Running water was limited to the kitchen and washing machine. Id. The family bathed in a black rubber tub using water heated on the wood burner. Exposed wiring and a sheet of cardboard above the ceiling where the wood burner was located were also observed. Id. The home was also lacking central heat.

{¶6} The Guernsey County Health Department noted that there was: No indoor plumbing; No approved water source; No approved sewage disposal system; Exposed electrical wiring throughout (the residence); Poor insulation; Cardboard ceiling; Cardboard ceiling through which a high temperature stovepipe dissects; Filthy rugs, cat feces noted; No lighting throughout; No floor covering; bare plywood; No bathrooms.

{¶7} The family was eventually given five (5) days to remedy the health department findings, and when the improvements were not made, the home was declared unfit for habitation and condemned.

{¶8} Appellant-Mother was floridly psychotic at the time, having suffered a break down and being diagnosed with schizophrenia or bi-polar disease, for which she was prescribed Respidol. (T. at 247). However, mother would wean herself off of her medications during her pregnancies. Id.

{¶9} Upon removal from the home, the children were placed in a kinship placement with a paternal aunt and uncle in Coshocton County. (T. at 248). This safety plan was recommended and agreed to by the parents. Id. At the time of the removal, the children had not seen a medical doctor and had not had any of their immunizations. The children had never had a dental check up, and the parents were opposed to any.

{¶10} On the day of the removal of the children from the home, Appellant-Mother was transported to the local mental health hospital. She was admitted for three days, diagnosed with delusional thoughts, and referred to the local mental health agency for counseling and treatment. Appellant-Mother refused to follow up with the agency on her counseling and treatment.

{¶11} On June 16, 2010 a Complaint alleging neglect and dependency was filed in Guernsey County Common Pleas Court, Case No. 10JC00350, involving the seven oldest children.

{¶12} On July 13, 2010, the oldest children were placed in the emergency temporary custody of relatives of the parents with protective supervision to GCCSB.

{¶13} On August 16, 2010, the original date of the Adjudicatory hearing, Appellant- Mother gave birth to A.G., and the hearing originally scheduled for that date was continued.

{¶14} The youngest child, A.G., was born at home, as had been all the other children. That child was immediately removed from the custody of the parents before she was even a day old.

{¶15} The Court issued Ex-parte Orders and on August 17, 2010, a case was filed concerning A.G., Case No. 10JC00460. After this date, all hearings involved all the children and both pending cases.

{¶16} On September 13, 2010, the Adjudicatory hearing was held and the court found that all the children ...

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