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In re M.P.

Court of Appeals of Ohio, Fifth District, Muskingum

January 6, 2017

IN THE MATTER OF: M.P.

         Civil appeal from the Muskingum County Court of Common Pleas, Juvenile Division, Case No. 21430015

         JUDGMENT: Affirmed

          For - Appellee TRAFFORD DICK

          For - Appellant PETER N. CULTICE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant Mother appeals the July 14, 2016 Judgment Entry of the Muskingum County Court of Common Pleas, Juvenile Division, granting legal custody of M.P. to the maternal aunt.

         Facts and procedural History

         {¶2} On or about January 21, 2014 a Complaint was filed with this Muskingum County Juvenile Court alleging that M.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).

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         {¶7} On or about July 9, 2015, MCCS filed an Amended Motion to Modify Review Hearing to include a Motion for Legal ...


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