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In re N.B.

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 13, 2017

IN RE: N.B., ET AL. Minor Children Appeal By Mother

         Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case Nos. AD 14915706 and AD 14915707

          ATTORNEY FOR APPELLANT Stephanie B. Scalise Scalise Legal Services, L.L.C.

          ATTORNEYS FOR APPELLEE, C.C.D.C.F.S. Michael C. O'Malley Cuyahoga County Prosecutor By: Joseph C. Young Assistant Prosecuting Attorney.

          Guardian ad litem Elba Gisella Martinez Heddesheimer.

          Guardian ad litem Harvey E. Tessler Harvey E. Tessler Co., L.P.A.

          For L.P.: Thomas Robinson.

          BEFORE: S. Gallagher, J., Boyle, P.J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          SEAN C. GALLAGHER, JUDGE

         {¶1} Appellant mother appeals from the orders awarding permanent custody of her two children, N.B. and D.B., to the Cuyahoga County Department of Children and Family Services ("CCDCFS"). Upon review, we affirm.

         {¶2} On December 19, 2014, CCDCFS filed a complaint for neglect, dependency, and permanent custody of N.B. and D.B., along with a motion for order of predispositional temporary custody. At that time, N.B. was seven years old and D.B. was one year old. Following a hearing, the children were committed to the emergency temporary custody of CCDCFS. Several continuances occurred during the course of the proceedings.

         {¶3} On September 28, 2015, the parties stipulated to an amended complaint for dependency and permanent custody, which was filed the same day. The children were adjudicated dependent and remained in the custody of CCDCFS.

         {¶4} The allegations that were stipulated to regarding mother included the following:

1. A complaint for neglect, dependency, and permanent custody was previously filed * * * and the children were committed to the emergency custody of CCDCFS on September 26, 2014. The matter could not be resolved within the statutory time frame and will be dismissed upon the filing of this complaint.
2. Mother has a substance abuse problem, specifically heroin, for which she requires intensive outpatient treatment to provide adequate care for the children.
3. [deleted]
4. Mother has a mental health condition which requires treatment. Mother is diagnosed with bi-polar disorder and needs ...

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