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In re A.S.

Court of Appeals of Ohio, Fifth District, Delaware

September 11, 2013

IN THE MATTER OF: A.S., V.S., and Z.S.

Appeal from the Court of Common Pleas, Juvenile Divison, Case Nos. 11-01-0070AB, 11-01-0071AB, and 11-01-0072AB

For Kitty Slaven PAMELLA A. LAMMON

For DCDJFS KATHERYN L. MUNGER

For Oral SlavenO. ROSS LONG

Guardian ad Litem CELESTE M. BRAMMER

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Farmer, J.

(¶1} On January 19, 2011, appellee, the Delaware County Department of Job & Family Services, filed a complaint for temporary custody of A.S. born May 24, 2006, V.S. born May 24, 2006, and Z.S. born April 14, 2009, alleging the children to be neglected and dependent. Mother of the children is appellant, Kitty Slaven; father is Oral Slaven. Following a shelter care hearing, the trial court placed the children in appellee's temporary custody on January 24, 2011. By judgment entry filed April 15, 2011, the trial court adjudicated the children dependent and granted temporary custody to relatives. The children were eventually returned to appellee's temporary custody in July 2011 (A.S. and V.S.) and December 2012 (Z.S.).

(¶2} On July 26, 2012 (A.S. and V.S.) and January 16, 2013 (Z.S.), appellee filed motions for permanent custody of the children based upon the parents' failure to comply with the case plan. A hearing commenced on March 26, 2013. By judgment entry filed April 12, 2013, the trial court granted permanent custody of the children to appellee.

(¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

(¶4} "THE TRIAL COURT ABUSED ITS' (SIC) DISCRETION AND VIOLATED APPELLANT'S DUE PROCESS RIGHTS WHEN IT DENIED HER REQUEST FOR A CONTINUANCE OF THE TRIAL ON THE DELAWARE COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES (HEREINAFTER DCDJFS) MOTION OF PERMANENT CUSTODY."

II

(¶5} "THE TRIAL COURT ABUSED ITS' (SIC) DISCRETION WHEN IT DID NOT ADDRESS WHETHER THE DCDJFS HAD MADE REASONABLE EFFORTS TO RETURN THE CHILDREN SAFELY HOME WITH EITHER PARENT."

III

(ΒΆ6} "THE TRIAL COURT ABUSED ITS' (SIC) DISCRETION WHEN IT DETERMINED THAT THE CHILDREN COULD NOT BE PLACED WITH THEIR MOTHER WITHIN A REASONABLE PERIOD OF TIME AFTER THE TRIAL ON THE ...


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