FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DN-14-9-573
L. WILCHER, Attorney at Law, for Appellant. NEIL AGARWAL,
Attorney at Law, for Appellee.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
KERNAN, Guardian ad Litem.
DECISION AND JOURNAL ENTRY
S. CALLAHAN, Judge
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.
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.
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.
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,
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.
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.