FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
WAYNE, OHIO CASE No. 2015 JUV-C 000519
MICHELLE FINK, Attorney at Law, for Appellant.
R. LUTZ, Prosecuting Attorney, and MELODY L. BRIAND,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO Judge
Appellant, Takita D. ("Mother"), appeals from a
judgment of the Wayne County Court of Common Pleas, Juvenile
Division, that terminated her parental rights and placed her
minor child in the permanent custody of Wayne County Children
Services Board ("CSB"). This Court affirms.
Mother is the biological mother of L.D.-C, born October 15,
2014. Although Mother has three older children, those
children were not parties to these proceedings. The father of
L.D.-C. did not appeal from the trial court's judgment.
According to the allegations in CSB's complaint, L.D.-C.
was removed from Mother's custody on May 8, 2015,
pursuant to Juv.R. 6 because heroin and fentanyl were found
in the child's diaper bag during a traffic stop of the
vehicle in which Mother and the child were riding as
passengers. All adults in the vehicle were arrested and
authorities were unable to locate local relatives to care for
the child. CSB filed a dependency complaint the next day.
The complaint further alleged that Mother had been
investigated by a children services agency in Michigan
because she tested positive for drugs when the child was
born, but the Michigan agency had lost contact with Mother.
Mother would later admit that she had a long history of
children services cases in Michigan because of concerns about
her drug use and failure to supervise her children. When this
case began, it was unclear who had legal custody of
Mother's older three children, but they were not in Ohio
with Mother. Consequently, CSB did not become involved with
At the shelter care hearing the next day, Mother told the
trial court that she did not reside in Wooster but had been
staying with friends there. She explained that she previously
had been staying with other friends in Michigan, but was
planning to move in with the maternal grandmother in Georgia,
where her three older children were then living. Mother
admitted that she had no permanent residence at that time and
that she was not sure where she would live if the court did
not allow her to take L.D.-C. to Georgia with her.
Mother later agreed that the trial court should adjudicate
L.D.-C. a dependent child and place him in the temporary
custody of CSB, and that the trial court should adopt the
case plan as an order of the court. The case plan required
Mother to obtain a substance abuse assessment and follow all
drug testing and treatment recommendations; obtain and
maintain stable income and housing; complete parenting
classes; and develop and maintain a bond through regular
contact with L.D.-C.
During the first several months of this case, Mother remained
in Wooster briefly, returned to Michigan, and then moved to
Georgia, where she resided with the maternal grandmother and
her three older children. Mother completed a substance abuse
assessment while she was in Georgia. The professional who
evaluated Mother recommended that she complete an intensive
outpatient treatment program to address her long-term use of
marijuana and that she regularly provide urine samples for
Mother did not follow up with any drug treatment, nor did she
submit to regular drug screening. In fact, Mother admitted
that she continued to use marijuana regularly to deal with
symptoms that she attributed to depression and anxiety.
Mother did not obtain stable income or housing, as she moved
between multiple locations in Michigan and Georgia during
this case. Moreover, she failed to visit L.D.-C. on a regular
On April 6, 2016, CSB moved for permanent custody of L.D.-C.
At the time of the review hearing shortly afterward, Mother
informed the trial court that she had moved to a different
address in Michigan and that she was attempting to comply
with the reunification requirements of the case plan. The
trial court continued the permanent custody hearing for
several months to allow Mother more ...