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 G.L.S.

Court of Appeals of Ohio, Ninth District, Summit

April 25, 2018

IN RE: G.L.S.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN 16-09-000854

          APPEARANCES: ADAM VANHO, Attorney at Law, for Appellant.

          NEIL P. AGARWAL, Attorney at Law, for Appellant.

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

          HOLLY FARAH, Guardian ad Litem.

          DECISION AND JOURNAL ENTRY

          HENSAL, Judge.

         {¶1} Appellants, T.F. ("Mother") and J.S. ("Father"), appeal from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated their parental rights and placed their minor child in the permanent custody of Summit County Children Services Board ("CSB"). This Court affirms.

         I.

         {¶2} Mother and Father are the biological parents of G.L.S., born September 29, 2016. The day that G.L.S. was born, CSB filed a complaint to allege that she was a dependent child because Mother and Father had a history with CSB pertaining to siblings of this child, which resulted in the involuntary termination of their parental rights. G.L.S. was later adjudicated dependent and placed in the temporary custody of CSB.

         {¶3} The case involving the older siblings of G.L.S. began during September 2014. CSB opened an involuntary case with Mother's two oldest children, who are not Father's biological children. At that time, Mother was also pregnant with Father's biological child, K.S. Mother's two children were removed from her custody because the younger child, then less than two years old, had sustained multiple injuries and bruises on the head, face, and back that were consistent with abuse. Father was later convicted of endangering children and felony domestic violence for causing the child's injuries.

         {¶4} Mother's injured child was adjudicated abused, her older child was adjudicated dependent, and both were placed in the temporary custody of CSB. Shortly after birth, K.S. was removed from the custody of Mother and Father, adjudicated dependent, and placed in the temporary custody of CSB.

         {¶5} Ultimately, the three older siblings of G.L.S. were placed in the permanent custody of CSB. Among other reasons, the trial court found that neither parent had substantially remedied their mental health problems or other conditions that caused the children to remain placed outside their custody. R.C. 2151.414(E)(1). The trial court's decision terminating parental rights to the older siblings was affirmed on appeal to this Court. In re C.F., 9th Dist. Summit No. 28358, 2017-Ohio-375.

         {¶6} In this case, the trial court placed G.L.S. in the temporary custody of CSB and adopted the case plan on December 13, 2016. CSB was concerned that Father could not control his violent temper and that Mother refused to recognize the risk that he posed to the child. In addition to demonstrating an ability to provide for the basic needs of G.L.S., the case plan required both parents to obtain mental health and substance abuse assessments and follow all treatment recommendations.

         {¶7} Shortly after the trial court adopted the case plan, CSB moved to suspend Father's visitation because he had become angry and threatened to harm CSB staff members prior to a visit, and had to be escorted from the visitation center by the police. The trial court issued an ex parte order to suspend Father's visitation immediately. The trial court scheduled a hearing on the issue, but a hearing was not held. According to the undisputed testimony of the caseworker, however, he told father after the first permanent custody hearing that his visits would be reinstated if he addressed his anger through counseling, but Father did not attend counseling.

         {¶8} On February 9, 2017, CSB filed a motion for permanent custody of G.L.S. because, among other reasons, neither parent had been complying with the reunification requirements of the case plan. R.C. 2151.414(E)(1). That same day, CSB separately moved for an order to excuse it from making reasonable efforts to reunify G.L.S. with her parents. Revised Code Section 2151.419(A)(2)(e) provides that the trial court "shall make a determination that the agency is not required to make reasonable efforts to prevent the removal of the child from the child's home, eliminate the continued removal of the child from the child's home, and return the child to the child's home" if "[t]he parent from whom the child was removed has had parental rights involuntarily terminated with respect to a sibling of the child[.]" The trial court scheduled a permanent custody hearing and, although it also scheduled a separate hearing on the agency's motion for a reasonable efforts bypass, no separate hearing was held on the reasonable efforts bypass.

         {¶9} The hearing on the first permanent custody motion was held during June 2017. CSB presented evidence that the parents had failed to comply with the reunification requirements of the case plan and also about the prior involuntary termination of parental rights pertaining to the older siblings of G.L.S. The parents did not dispute the prior termination of their parental rights. Instead, they focused their defense to the permanent custody motion on whether the agency had given them enough time to work the case plan, as CSB had moved for permanent custody only two months after the case plan was adopted as an order of the court. At the end of the ...


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.