Court of Appeals of Ohio, Fifth District, Tuscarawas
from the Court of Common Pleas, Juvenile Division, Case No.
15 JN 00166
Plaintiff-Appellee JEFF M. KIGGANS Tuscarawas County JFS
GERRIT DENHEIJER Guardian Ad Litem
Appellant-Mother BARABARA J. ROGACHEFSKY RYAN WHITE, Pro Se
Father of H.W.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
WILLIAM B. HOFFMAN J.
Appellant-mother, Alicia Borden (Mother), appeals the trial
court's grant of legal custody of H.W to H.W's father
Ryan White (Father). Appellee is the Tuscarawas County
Department of Job and Family Services (TDJFS).
AND PROCEDURAL HISTORY
Mother and Father are the biological parents of H.W. H.W.
lived with Mother prior to the allegations against mother in
this matter, and Father was not exercising parenting time.
This case began in May 2015 when then seven year-old H.W
appeared at school with a slap mark and bruising on his face,
a mark on his foot, and older bruises on his back. H.W was
seen at Akron Children's Hospital where H.W's account
of physical abuse by Mother was substantiated. Mother denied
any abuse. Jared Giesey, who is the father of Mother's
second child, X.G, took emergency custody of both H.W and X.G
on May 14, 2015.
On June 19, 2015, a shelter care hearing was held. Mother was
notified of the hearing, but failed to appear. The trial
court granted temporary custody of the children to their
respective fathers - H.W to Father and X.G to Giesey.
On June 22, 2015, TCJFS filed a complaint of abuse, neglect
and dependency, and a proposed case plan. Mother and Father
stipulated to the complaint at the adjudication held the same
day, and temporary custody of H.W was continued with Father.
The case continued with H.W in Father's custody, and with
case plan services provided to both Mother and Father. Per
the case plan, Father completed a psychological assessment
with Dr. Gary Wolfgang, and provided H.W with adequate basic
needs, medical, dental, counseling, and educational needs for
more than a year. Mother also engaged in counseling,
parenting, and anger management classes as directed. In
October, 2015, Mother was granted supervised visitation.
On August 31, 2016, the matter proceeded to an evidentiary
hearing pursuant to TCJFS's motion to terminate
protective supervision and close the case with Father
maintaining custody of H.W. On September 19, 2016, the trial
court issued its judgment entry granting custody of H.W. to
Father and terminating protective supervision by TCJFS.
It is from this decision Mother now appeals. She presents