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In re A. M.

Court of Appeals of Ohio, Fifth District

September 23, 2013

IN THE MATTER OF: A. M. MINOR CHILD

Civil Appeal from the Court of Common Pleas, Juvenile Division, Case No. 2012 JCV 00652

For Appellee JERRY COLEMAN STARK COUNTY DJFS

For Appellant MARY G. WARLOP

Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, P. J.

(¶1} Appellant Travis Mayle appeals the decision of the Stark County Court of Common Pleas, Juvenile Division, which granted permanent custody of his son, A.M., to Appellee Stark County Department of Job and Family Services ("SCDJFS"). The relevant facts leading to this appeal are as follows.

(¶2} A.M., born in June 2012, is the son of Terry Tallman (mother) and Appellant Travis Mayle.[1] In July 2012, SCDJFS filed a complaint alleging neglect and dependency, based on concerns that Tallman had tested positive for marijuana at the time of A.M.'s birth and was living in a hotel. A.M. has multiple physical challenges, including Down's syndrome and cardiovascular issues. Tallman has several other children in relative custody, chiefly in the State of West Virginia. There is also a permanent custody record regarding some of her children in that state.

(¶3} The trial court granted emergency custody to the agency on or about July 5, 2012. The trial court further issued orders on September 18, 2012 adjudicating A.M. as a dependent child and maintaining temporary custody with SCDJFS.

(¶4} On April 3, 2013, SCDJFS filed a motion for permanent custody. Appellant and Tallman were served with the motion via publication. An evidentiary hearing was conducted on May 15, 2013. Appellant and Tallman were not present for said hearing, although counsel appeared for each parent. Counsel for the guardian ad litem and counsel for the agency also appeared.

(¶5} On the next day, the trial court issued a judgment entry, with findings of fact and conclusions of law, granting permanent custody of A.M. to SCDJFS.

(¶6} On June 3, 2013, appellant filed a notice of appeal. He herein raises the following two Assignments of Error:

(¶7} "I. THE TRIAL COURT ERRED IN GRANTING PERMANENT CUSTODY TO THE STARK COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES (SCDJFS) AS SCDJFS FAILED TO SHOW BY CLEAR AND CONVINCING EVIDENCE THAT GROUNDS EXISTED FOR PERMANENT CUSTODY AND SUCH DECISION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

(¶8} "II. THE TRIAL COURT ERRED IN GRANTING PERMANENT CUSTODY TO THE STARK COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES (SCDJFS) AS SCDJFS FAILED TO SHOW BY CLEAR AND CONVINCING EVIDENCE THAT IS IN THE BEST INTERESTS OF THE MINOR CHILD TO GRANT PERMANENT CUSTODY AND SUCH ...


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