Court of Appeals of Ohio, Fifth District, Muskingum
appeal from the Muskingum County Court of Common Pleas,
Juvenile Division, Case No. 21430014
Appellee TRAFFORD DICK
Appellant PETER N. CULTICE
JUDGES: Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Appellant Mother appeals the July 14, 2016 Judgment Entry of
the Muskingum County Court of Common Pleas, Juvenile
Division, granting legal custody of LP. to the maternal aunt.
and procedural History
On or about January 21, 2014 a Complaint was filed with this
Muskingum County Juvenile Court alleging that L.P. was a
Dependent children, as defined in R.C. 2151.04 (C) and
Neglected child, as defined in R.C. 2151.03 (A)(2).
The allegations were based on the drug use of Mother,
specifically methamphetamine. Muskingum County Children's
Services ["MCCS"] withdrew the allegation of
neglect and Mother admitted to the allegation of dependency
on April 10, 2014. See, Judgment Entry dated April 10, 2014.
Father was never involved.
On or about April 10, 2014, the child was placed in the
temporary custody of a relative following a Dispositional
Hearing. At the Dispositional Hearing, Mother and Father were
granted only supervised visitation with the Children at
Muskingum County Children Service's discretion.
On or about October 20, 2014, a review hearing was held and
the child was placed in the temporary custody of the
Muskingum County Children Service's. At the hearing, the
Court specifically found that Mother continued to miss
required drug screens and/or substance abuse treatment
sessions, this despite her transportation issues having been
alleviated. The Court further found Mother had made
little/limited progress in her required treatment. MCCS
specifically requested that the Court approve their amended
Permanency Plan, which added, in addition to Reunification,
the possibility for Permanent Custody to the Agency.
On or about February 25, 2015, a review hearing was held. The
Court found Mother continued to miss required drug screens,
drug treatment (she had at that time been unsuccessfully
discharged from Muskingum Behavioral Health on at least 2
occasions for failing to participate), failed to regularly
visit the child.
On or about July 9, 2015, MCCS filed an Amended Motion to
Modify Review Hearing to include a Motion for Legal ...