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In re H.W

Court of Appeals of Ohio, Fifth District, Tuscarawas

August 28, 2017

IN THE MATTER OF: H.W

         Appeal from the Court of Common Pleas, Juvenile Division, Case No. 15 JN 00166

          For Plaintiff-Appellee JEFF M. KIGGANS Tuscarawas County JFS GERRIT DENHEIJER Guardian Ad Litem

          For 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.

          OPINION

          HON. WILLIAM B. HOFFMAN J.

         {¶1} 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).

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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.

         {¶8} It is from this decision Mother now appeals. She presents ...


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