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.H.

Court of Appeals of Ohio, Ninth District, Summit

March 28, 2018

IN RE: T.H.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN-14-9-573

          AVIVA L. WILCHER, Attorney at Law, for Appellant. NEIL AGARWAL, Attorney at Law, for Appellee.

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

          JOSEPH KERNAN, Guardian ad Litem.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN, Judge

         {¶1} Appellant, C.H. ("Mother"), appeals from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that placed her minor child in the legal custody of a paternal cousin ("Cousin"). This Court affirms.

         I.

         {¶2} Mother is the biological mother of several children, but T.H. is the only child at issue in this case. Mother apparently lost custody of several other children in the past, but no details about those children are included in the record. T.H.'s father ("Father") did not appeal from the trial court's final judgment.

         {¶3} On September 3, 2014, the Akron Police Department executed a search warrant at the home of both parents, who were under investigation for heroin trafficking. Mother and Father were arrested at the scene, charged with felony drug offenses, and refused to disclose the location of T.H., who was then three years old. CSB eventually located T.H. at the home of Cousin and removed him from the parents' legal custody. The trial court later adjudicated T.H. a dependent child and placed him in the temporary custody of Summit County Children Services Board ("CSB"). This Court affirmed that judgment on appeal. In re T.H., 9th Dist. Summit No. 28010, 2016-Ohio-5597, ¶ 1.

         {¶4} Throughout this case, T.H. was placed in the home of Cousin. CSB filed a motion for the child to be placed in the legal custody of Cousin while the adjudication appeal was pending, but a hearing on that motion was stayed until after the appeal was resolved. The agency renewed its legal custody motion and the matter ultimately went to a final dispositional hearing before a visiting judge on May 23, 2017.

         {¶5} After the hearing, the trial court found that it was in the best interest of T.H. to be placed in the legal custody of Cousin. Mother and Father appealed from that order, but the trial court had not entered an independent judgment placing T.H. in Cousin's legal custody. Consequently, this Court dismissed appeal numbers 28707 and 28714 on September 13, 2017, because the order appealed was not a final judgment.

         {¶6} On October 20, 2017, the trial court entered a final judgment that placed T.H. in the legal custody of Cousin. Mother appeals and raises four assignments of error.

         II.

         ASSIGNMENT ...


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.