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In re D.K.

Court of Appeals of Ohio, Ninth District

August 14, 2013

IN RE: D.K. C.S. C.S. C.S. C.K.

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. DN10-05-0356 DN10-05-0357 DN10-05-0358 DN10-05-0359 DN10-05-0360

MADELINE LEPIDI-CARINO, Attorney at Law, for Appellant.

CHRISTOPHER M. VANDEVERE, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

JENNIFER HENSAL, Judge.

(¶1} Appellants, Leslie G. ("Mother") and Michael K., have each appealed from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated their parental rights to five minor children, and placed them in the permanent custody of Summit County Children Services ("CSB"). This Court affirms.

I.

(¶2} Mother is the parent of five children, currently ranging in age from 14 to 4: C.S., born February 16, 1999; C.S., born July 21, 2000, C.S., born August 26, 2002, C.K., born January 18, 2005, and D.K., born December 4, 2008. Michael K. is the biological father of the two younger children. Jason S. is the biological father of the three older children, but is serving a lengthy prison sentence for kidnapping, two counts of rape, and assault, and he is not a party to this appeal.

(¶3} The children came into the emergency temporary custody of CSB on May 9, 2010, after police went to the home to investigate the reported presence of drugs. The police arrested Michael K. on an outstanding warrant and then searched the home, finding drug paraphernalia associated with the manufacture of methamphetamine. He was later charged with several drug offenses and five counts of child endangering. The police also arrested Mother and charged her similarly. The police took custody of the children under Juv.R. 6 and contacted CSB who initiated proceedings in juvenile court. The court adjudicated all five children to be dependent and neglected and placed them in the temporary custody of the agency. Meanwhile, Mother and Michael K. each entered a plea of guilty to one count of the illegal assembly or possession of chemicals for the manufacture of drugs and one count of child endangering. Each was sentenced to four years in prison.

(¶4} On February 9, 2011, after Mother and Michael K. had been sentenced on their criminal charges, CSB moved for permanent custody of the children. On December 30, 2011, the juvenile court granted permanent custody to CSB and terminated the parental rights of Mother, Michael K., and Jason S. Mother and Michael K. appealed. While the juvenile court case and appeal were progressing, Mother and Michael K. each sought and each was granted an early release from prison on condition of participating in a Reentry Program. Mother served 13 months in prison and was released to Reentry in December 2011. Michael K. served 18 months in prison and was released to Reentry in March 2012.

(¶5} On June 13, 2012, this Court reversed the judgment of the trial court because the court erroneously relied on an inapplicable factor under R.C. 2151.414(E) in support of its finding that the children could not or should not be placed with a parent within a reasonable time. See In re D.K., 9th Dist. Summit Nos. 26272, 26278, 2012-Ohio-2605, ¶ 7.

(¶6} On remand, CSB chose to proceed on the original motion for permanent custody. In addition, Michael K. moved for legal custody of his biological children. The trial court granted Michael K.'s request to supplement the record with new information relating to events occurring since the permanent custody hearing. Following a supplemental hearing, the court granted permanent custody of all five children to the agency. Mother appealed and assigned two errors for review. Michael K. also appealed and assigned one error for review.

II.

Mother's Assignment of Error I

THE COURT ERRED IN GRANTING PERMANENT CUSTODY OF D.K., C.S., C.S., C.S., AND C.K. TO SUMMIT COUNTY CHILDREN SERVICES WHEN SUMMIT COUNTY CHILDREN SERVICES FAILED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT MOTHER FAILED TO REMEDY ...

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