Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: N.B., ET AL. Minor Children Appeal By Mother
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
ATTORNEYS FOR APPELLEE, C.C.D.C.F.S. Michael C. O'Malley
Cuyahoga County Prosecutor By: Joseph C. Young Assistant
Guardian ad litem Elba Gisella Martinez Heddesheimer.
Guardian ad litem Harvey E. Tessler Harvey E. Tessler Co.,
L.P.: Thomas Robinson.
BEFORE: S. Gallagher, J., Boyle, P.J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
C. GALLAGHER, JUDGE
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.
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
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.
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.
4. Mother has a mental health condition which requires
treatment. Mother is diagnosed with bi-polar disorder and