FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DN 16-04-0313
E. FERGUSON, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
ROBINSON, Attorney at Law for Appellee.
SELL, Guardian ad Litem.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL JUDGE.
Appellant Mother appeals the judgment of the Summit County
Court of Common Pleas, Juvenile Division, that adjudicated
her child R.L. a dependent child. This Court affirms.
Mother is the biological mother of R.L. (d.o.b.
5/23/12). She and the child lived in a home with
eight or nine other people for a year or so. Mother was not
on the lease. Before the incident giving rise to the
allegations in this case, R.L. was being cared for by a
friend of Mother for 5-6 weeks. The child was then delivered
to Mother's nephew's ("Nephew") home for a
few days. On April 21, 2016, Mother appeared at Nephew's
home and demanded return of the child. Because of
Mother's demeanor, behavior, attire, and other
conditions, Nephew refused to release the child out of
concern for his safety.
The police were called to Nephew's home to address the
situation. After investigation at the scene, the police
determined that there were reasonable grounds to take R.L.
into custody pursuant to Juv.R. 6, in the interest of the
child's welfare. The police notified Summit County
Children Services Board ("CSB"), and the agency
organized a team decision meeting for the next day. Mother
and many others on her behalf attended the meeting. Based on
the agency's investigation, however, CSB filed a
complaint on April 22, 2016, alleging that the child was
dependent pursuant to R.C. 2151.04(A) and (C).
After an adjudicatory hearing, the magistrate adjudicated the
child dependent pursuant to R.C. 2151.04(A), based on
findings that he was homeless through no fault of his parents
on the date the complaint was filed. The magistrate further
found that the evidence did not clearly and convincingly
establish that the child's condition or environment was
such as to warrant the state, in the interests of the child,
in assuming his guardianship. Accordingly, the magistrate
dismissed the allegation of dependency pursuant to R.C.
2151.04(C). The juvenile court adopted the magistrate's
decision the same day and adjudicated R.L. a dependent child
solely pursuant to R.C. 2151.04(A).
Mother filed timely objections to the magistrate's
decision, arguing that CSB failed to present clear and
convincing evidence to support an adjudication of dependency.
CSB responded in opposition, but it did not challenge the
magistrate's dismissal of its claim that the child was
dependent pursuant to R.C. 2151.04(C). After a hearing,
juvenile court overruled Mother's objections and ordered
that R.L. was a dependent child pursuant to R.C.
2151.04(A). At a subsequent dispositional hearing, the
juvenile court awarded temporary custody to CSB. Mother filed
a timely appeal in which she raises one assignment of error
for review. She further obtained a stay pending this appeal.
ASSIGNMENT OF ...