IN RE: A.T. B.T. D.T. C.Q. H.Q.
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. DN 13-10-694 DN 13-10-695 DN 13-10-696
DN 13-10-697 DN 13-10-698
E. FERGUSON, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD KASAY,
Assistant Prosecuting Attorney, for Appellee.
HIGHTOWER, Attorney at Law, for Appellee.
KERNAN, Guardian ad Litem.
DECISION AND JOURNAL ENTRY
Appellant, Kelly Q. ("Mother"), appeals from a
judgment of the Summit County Court of Common Pleas, Juvenile
Division, that terminated her parental rights to her five
minor children and placed them in the permanent custody of
Summit County Children Services Board ("CSB"). This
Court reverses and remands.
The facts pertaining to this case are set forth in more
detail in Mother's appeal from the trial court's
original permanent custody judgment. See In re A.T.,
9th Dist. Summit No. 28220, 2016-Ohio-5907. Mother is the
biological mother of five minor children who now range in age
from seven to 14 years old. One of the fathers is deceased
and the other father did not appeal from the trial
CSB first became involved with the family during 2013 on a
voluntary basis because Mother and one of the fathers were
living with the children in an unsuitable home and some of
the children had behavioral problems and were not attending
school regularly. CSB also alleged concerns about
Mother's mental health and that she was not then involved
in mental health treatment.
On October 30, 2013, CSB filed complaints to allege that all
five children were neglected and dependent because the
parents were not complying with the requirements of the
voluntary case plan. The trial court later adjudicated the
children dependent, adopted the case plan, and allowed the
children to remain in Mother's legal custody under an
order of protective supervision. The case plan required
Mother to maintain suitable housing, address her mental
health problems, and demonstrate that she could consistently
provide for the children's basic needs.
On December 8, 2014, CSB moved the trial court to remove the
children from Mother's home and place them in its
emergency temporary custody because Mother was not
consistently complying with the goals of the case plan. On
December 26, 2014, the children were placed in the temporary
custody of CSB.
CSB later moved for permanent custody of all five children
before the children had been in its temporary custody for 12
months, alleging various grounds under R.C. 2151.414(E).
Following a hearing on the permanent custody motion and
Mother's alternative request for legal custody, the trial
court found that CSB had established the first prong of the
permanent custody test because Mother had failed to
substantially remedy the conditions that caused the children
to remain placed outside the home. See R.C.
2151.414(E)(1). The trial court also found that permanent
custody was in the best interest of the children.
Consequently, it terminated Mother's parental rights on
March 31, 2016.
Mother appealed the March 2016 judgment and this Court
reversed and remanded to the trial court. In re
A.T.,2016-Ohio-5907, at ¶ 16. This Court reversed
the March 2016 judgment because "the trial court's
factual findings [did] not satisfy the explicit requirements
of R.C. 2151.414(E)(1)." Id. at ¶ 15.
Specifically, this Court emphasized that "[t]he trial
court's explanation for its finding under R.C.
2151.414(E)(1)  focused solely on facts that predated the
placement of the children outside Mother's home."
Id. at ¶ 14. Because this Court does not make
factual findings in the first instance on appeal, it reversed
and remanded to the trial court to correct the error.
Id. at ¶ 15-16. This Court reversed the March
2016 judgment solely ...