IN RE: Y.W., ALLEGED DEPENDENT CHILD. [YANICA WRIGHT - APPELLANT]
from Allen County Common Pleas Court Juvenile Division Trial
Court No. 2016 JG 33775
M. Elliott for Appellant
M. Cunningham for Appellee
Appellant, Yanica Wright ("Yanica"), appeals the
November 30, 2016 decision of the Allen County Court of
Common Pleas, Juvenile Division, granting permanent custody
of her minor child, Y.W., to the Allen County Children
Services Board (the "Agency"). For the reasons that
follow, we affirm.
Y.W., born in April 2015, is the minor child of Yanica and
Derek Jones. (Doc. No. 3). On July 26, 2016, the Agency
notified the trial court that it intended to file a complaint
on July 27, 2016 alleging that Y.W. is an abused, neglected,
or dependent child. (Doc. No. 1). That same day, the trial
court held a shelter-care hearing and granted the Agency
temporary custody of Y.W. (Doc. No. 22). On July 27, 2016,
the Agency filed a complaint alleging that Y.W. is a
dependent child under R.C. 2151.04(D). (Doc. No. 4). In its
complaint, the Agency requested that the trial court award it
permanent custody of Y.W. under R.C. 2151.414(E)(6) and (11).
On August 15, 2016, the Agency filed a motion requesting the
trial court to waive the Agency's requirement to make
reasonable efforts to return Y.W. to Yanica. (Doc. No. 20).
In that motion, the Agency argued that the reasonable-efforts
requirement could be waived under R.C. 2151.419(A)(2)(e)
because Yanica's parental rights were involuntarily
terminated as to her other six children.(Id.).
After a hearing on September 28, 2016, the trial court on
October 5, 2016 concluded that Y.W. is a dependent child and
granted the Agency's reasonable-efforts motion. (Doc. No.
On August 24, 2016, the Agency submitted its case plan to the
trial court. (Doc. No. 25).
On August 1, 2016, the trial court appointed Y.W. a Guardian
Ad Litem ("GAL"). (Doc. No. 30). The GAL filed her
report on September 22, 2016 recommending that Y.W. remain in
the temporary custody of the Agency. (Id.). The GAL
filed a "Modification/Change Status Report" on
November 2, 2016 recommending that the trial court grant the
Agency permanent custody of Y.W. (Doc. No. 37).
After a permanent-custody hearing on November 9, 2016, the
trial court on November 30, 2016 granted the Agency permanent
custody of Y.W. (Doc. No. 47).
On December 23, 2016, Yanica filed her notice of appeal.
(Doc. No. 48). She raises one assignment of error for our
Trial Court Erred In Terminating Mother's Parental
In her assignment of error, Yanica argues that the trial
court erred in granting permanent custody of Y.W. to the
Agency after erroneously concluding that R.C. 2151.414(E)(11)
mandates a finding of permanent custody. She further argues
that the trial court "erroneously found that a finding
of permanent custody was mandated and necessary based solely
on past rather than present conditions."
(Appellant's Brief at 16). In other words, Yanica argues
that the trial court erred in granting permanent custody ...