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 K.H.

Court of Appeals of Ohio, Fifth District, Muskingum

March 16, 2018

IN THE MATTER OF: K.H. (DOB: 01/31/2008)

          Appeal from the Court of Common Pleas, Juvenile Division, Case No. 21730167

          For Plaintiff-Appellee GERALD V. ANDERSON, II.

          For Defendant-Appellee BRIAN W. BENBOW.

          Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Appellant, Bret Dean Snow, appeals the August 21, 2017 judgment entry of the Court of Common Pleas of Muskingum County, Ohio, Juvenile Division, dismissing his complaint. Appellee is Muskingum County Children Services.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On August 16, 2017, appellant filed a complaint seeking temporary and legal custody of K.M., a juvenile. According to the complaint, K.M.'s father is deceased and K.M.'s mother is incarcerated, serving a fifteen year sentence. K.M. is currently in foster home placement. Appellee is involved with K.M., and a case plan is in effect.

         {¶ 3} Appellant is not blood-related to K.M. However, he alleged K.M. lived in his residence every other weekend during the first two years of life. He alleged he stood in loco parentis to K.M., and qualified as a custodian to K.M. under Ohio Adm.Code 5101:2-38-05(E) for purposes of participating in the case plan. Appellant alleged K.M. appeared to be a dependent and abused child.

         {¶ 4} According to the complaint, appellee stated appellant was never treated as a party to the case plan. Appellant disputes this and attaches to his complaint a portion of a purported case plan which shows that he made some progress toward the case plan goals. Appellant alleged he was an active participant in the case plan, and attended meetings and underwent a psychological evaluation at the direction of the case plan.

         {¶ 5} On August 17, 2017, appellee filed a motion to dismiss, claiming there is a pending case before the court wherein K.M. was adjudicated neglected, abused, and dependent in December 2016 (Case No. 21630145) while living in appellant's residence, and the case is continuing. By judgment entry filed August 21, 2017, the trial court granted the motion, finding the motion to be well taken and was in the best interest of the child.

         {¶ 6} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 7} "THE TRIAL COURT COMMITTED PREJUDICIAL ERROR IN DISMISSING APPELLANT'S COMPLAINT WITHOUT FIRST HOLDING AN EVIDENTIARY HEARING OR BY GIVING APPELLANT THE OPPORTUNITY TO RESPOND TO THE STATE'S MOTION TO DISMISS IN VIOLATION OF THE JUVENILE RULES OF PROCEDURE AND THE OHIO REVISED CODE. THE TRIAL COURT'S DISMISSAL ALSO VIOLATED THE OHIO AND FEDERAL CONSTITUTIONS IN THAT THE TRIAL COURT'S ...


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.