Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re T.K.

Court of Appeals of Ohio, Ninth District, Summit

December 20, 2017

IN RE: T.K. D.W. C.W.

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. DN 16-02-132 DN 16-02-133 DN 16-02-134

          KANDEE R. ROBINSON, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          MICHELLE TOMER, Guardian ad Litem.

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL, Presiding Judge.

         {¶1} Appellant Mother appeals the judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated her parental rights to her minor children and placed the children in the permanent custody of Summit County Children Services Board ("CSB"). This Court affirms.

         I.

         {¶2} Mother is the biological mother of T.K. (d.o.b. 11/17/05), D.W. (d.o.b. 2/9/09), and C.W. (d.o.b. 9/6/10). Father was the biological father of D.W. and C.W. Paternity was never established for T.K. Mother and Father were married, but later divorced. Either as a result of the parents' divorce or a dependency, neglect, abuse case in Stark County involving the children, Father became the legal custodian of all three children. Father remarried and the three children lived with him, Stepmother, and her two children. In November 2015, Father was incarcerated. As Stepmother had initiated divorce proceedings against Father, she contacted CSB to inform them that she could no longer care for Father's three children. At that time, Mother had not had any contact with the children for over three years. In addition, Mother recently had an infant removed from her custody by Tuscarawas County Children Services ("TCCS"). CSB filed complaints alleging that T.K., D.W., and C.W. were dependent children.

         {¶3} Both Mother and Father waived their rights to an adjudicatory hearing, and the children were adjudicated dependent. After the dispositional hearing, the children were placed in the temporary custody of CSB, and the agency's proposed case plan was adopted as the order of the court. The children were maintained in the temporary custody of the agency after each review hearing. Almost a year after the children were removed from Father's custody, CSB filed a motion for permanent custody. As grounds, the agency alleged that the children could not be placed with either parent within a reasonable time or should not be placed with either parent, that the children had been abandoned by Mother, and that an award of permanent custody was in the children's best interest. Approximately three weeks after CSB filed its motion, Father died.

         {¶4} On the day of the scheduled permanent custody hearing, Mother failed to appear. Mother's attorney moved for a continuance based on Mother's failure to maintain contact with her, as well as newly discovered information. The juvenile court continued the permanent custody hearing. In the interim, Mother moved for legal custody, or, in the alternative, a six-month extension of temporary custody. On the second scheduled date for the permanent custody hearing, Mother again failed to appear. However, Mother's counsel asserted that she had been in "consistent contact" with Mother and was ready to represent her at the hearing.

         {¶5} After the conclusion of the permanent custody hearing, the juvenile court granted CSB's motion for permanent custody and terminated Mother's parental rights to T.K., D.W., and C.W. Mother filed a timely appeal in which she raises one assignment of error for review.

         II.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT'S DECISION GRANTING THE MOTION FOR PERMANENT CUSTODY WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

         {¶6} Mother argues that the juvenile court's award of permanent custody was against the manifest weight of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.