Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: C.B., ET AL. Minor Children [Appeal by S.B., Mother]
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case Nos. AD 13916496 and AD 13916497
ATTORNEYS FOR APPELLANT Anita Barthol Staley Guardian ad
Litem for Mother Thomas Robinson Law Office of Thomas B.
ATTORNEYS FOR APPELLEES For C.C.D.C.F.S. Michael C.
O'Malley Cuyahoga County Prosecutor BY: Laura M. Brewster
Assistant County Prosecutor For T.H. (Father) David Bartos
Bartos & Bartos, L.P.A. Guardian ad Litem for Minor
Children Tracy L. Herberle
BEFORE: Kilbane, P.J., Celebrezze, J., and Jones, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, PRESIDING JUDGE
Appellant, S.B. ("Mother"), appeals from the
juvenile court's judgment granting permanent custody of
her twin boys, both of whom have the initials C.B., to the
Cuyahoga County Department of Children and Family Services
("CCDCFS" or "the agency). For the reasons set
forth below, we affirm.
On November 12, 2013, Cleveland police officers responded to
Mother's home. The officers found the home to be in an
unsafe condition, so they removed eight-month-old twin boys
from the home and care of their Mother. One day later, CCDCFS
filed a complaint alleging the boys to be neglected and
dependent and requesting a disposition of temporary custody
to the agency. A motion for predispositional emergency
custody to the agency was filed and granted on that same day.
On March 7, 2014, the trial court held an adjudicatory
hearing. At this hearing, Mother admitted to the following
allegations in the amended complaint that are relevant to our
2. On November 12, 2013, the family home was observed to be
in such a deplorable and unsafe condition that Cleveland
police officers removed the children from the home.
3. Mother lacks adequate cognitive abilities.
4. Mother has failed to take the [one] child, C.B., to
recommended follow up medical appointments.
5. Mother fails to provide the children with their
6. Mother fails to provide the children with safe and
adequate housing to meet their basic shelter needs. Mother
has lacked stable housing for the past several years and
remains without adequate housing.
7. Mother has three other children who were adjudicated
neglected. Two of those children were placed in the
predispositional custody of CCDCFS on an emergency basis on
November 12, 2013. The third child was placed in the
predispositional custody of CCDCFS in May 2013.
8. Alleged father T.H. has failed to establish paternity and
has failed to support, visit or communicate with the children
since their births.
The trial court adjudicated the twins neglected and dependent
and granted temporary custody to the agency. The trial court
also approved a case plan for the family.
On July 29, 2014, more than eight months after the twins were
removed from Mother's care, CCDCFS filed a motion to
modify the temporary custody orders to permanent custody. A
trial was held on August 16, 2016, more than two years after
the motion for permanent custody was filed. By the time the
permanent custody trial was held, Mother's three older
children had been committed to the legal custody of their
father, and the twins had been in the agency's custody
for nearly three years.
After hearing testimony from Dr. Randall Baenen, Ph.D.
("Dr. Baenen"), a licensed psychologist who
completed a psychological evaluation of Mother, and the
CCDCFS social worker, the trial court granted the
agency's motions for permanent custody as to both of the
twin boys. In its orders, the court found that a grant of
permanent custody is in the children's best interest, and
the children cannot be placed with either parent within a
reasonable period of time or should not be placed with their
Mother now appeals, asserting the following single ...