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In re J.M.

Court of Appeals of Ohio, Fifth District

September 3, 2013

IN RE J.M.

Appeal from the Stark County Court of Common Pleas, Family Court Division, Case No. 2012JCV01142

For Mother-Appellant: EMILY R. TRETTEL STARK COUNTY PUBLIC DEFENDER.

For SCDJFS-Appellee: LISA A. LOUY.

Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

OPINION

DELANEY, J.

(¶1} Mother-Appellant Scarlett Morgan fka Girt appeals the April 24, 2013 judgment entry of the Stark County Court of Common Pleas, Family Court Division to grant permanent custody of her child to Appellee Stark County Department of Job and Family Services.

FACTS AND PROCEDURAL HISTORY

(¶2} Mother-Appellant Scarlett Morgan fka Girt is the mother of J.M., born July 21, 2012. The biological father of J.M. is unknown. The legal father of J.M. is Andrew Morgan. Andrew Morgan stipulated to permanent custody of J.M. to SCDJFS.

(¶3} On November 20, 2012, Appellee Stark County Department of Job and Family Services ("SCDJFS") filed a complaint requesting J.M. be placed in the temporary custody of SCDJFS. The complaint alleged the child to be dependent and/or neglected. On January 30, 2013, the trial court approved and adopted the case plan prepared for the family and J.M. was placed into the temporary custody of SCDJFS.

(¶4} On March 22, 2013, SCDJFS filed a motion requesting permanent custody of J.M. The trial court held a trial on April 23, 2013. The following evidence was adduced at trial.

(¶5} The caseworker assigned to the matter, Kristal Brown and her supervisor, Cindy Moore testified. Kristal Brown testified Mother has three older children. Mother's first child was adopted in Indiana after permanent custody was granted to the agency in Grant County, Indiana. The concerns in that case were that Mother had mental health issues, including suicidal ideation where she attempted to jump from a bridge while holding her daughter. Mother did not complete the case plan in Indiana and moved to Ohio to give birth to her next child.

(¶6} Mother gave birth to her second child in Ohio. SCDJFS became involved with Mother and child after receiving information about Mother's actions in Indiana. Mother was given a case plan for the child, but Mother moved to North Carolina for three months during the case. Permanent custody of the child was granted to SCDJFS.

(¶7} Mother gave birth to a third child in Ohio. The child was removed from Mother's care and Mother was given the same case plan as for the previous child. Mother failed to complete the case plan because she moved to Tennessee to give birth to J.M. SCDJFS received permanent custody of the third child.

(¶8} At the time of J.M.'s permanent custody hearing, Mother was pregnant with her fifth child.

(ΒΆ9} Kristal Brown testified Mother was offered a case plan in the present case. It was the same case plan as offered for her two older children, but she failed to complete those plans. Her case plan required her to complete a parenting evaluation at Northeast Ohio Behavioral Health, complete a drug and alcohol ...


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