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.O.

Court of Appeals of Ohio, Fifth District, Fairfield

May 4, 2018

IN RE: K.O., O.O., L.O.

          Fairfield Court of Common Pleas, Juvenile Division 2016-AB-0095, 2016-AB-0096, 2016-AB-0097

          For Appellant - B.O. DARREN L. MEADE Parks and Meade, LLC

          For Appellee - Fairfield Co. Dep't. Job/Family Services R. KYLE WITT Prosecuting Attorney GENLYNN COSGROVE Assistant Prosecuting Attorney

          Hon. John W. Wise, P.J., Hon. William B. Hoffman, J., Hon. Craig R. Baldwin, J.

          OPINION

          HOFFMAN, J.

         {¶1} Appellant B.O., the natural father of K.O. (d.o.b. 8/22/13), O.O. (d.o.b. 6/10/14) and L.O. (d.o.b. 10/26/15) appeals the judgment entered by the Fairfield County Common Pleas Court, Juvenile Division, granting permanent custody of the three children to Appellee Fairfield County Department of Job and Family Services.

         STATEMENT OF FACTS AND CASE

         {¶2} On July 1, 2016, Appellee was granted ex parte custody of K.O., O.O., and L.O. Appellant was not living in the home with the children and their mother at this time, but was residing in a home with several friends. Initially Appellee hoped to place the children with Appellant. However, Appellant tested positive for marijuana, and the children were placed in foster care. The children were adjudicated dependent on September 8, 2016, with temporary custody awarded to Appellee on September 19, 2016. On June 13, 2017, Appellee filed a motion requesting permanent custody of the children.

         {¶3} Appellant's case plan required him to obtain and maintain stable housing and employment, complete an Alcohol and Drug assessment and follow all recommendations, participate in random drug testing through calling and screening, and complete a mental health assessment and follow all recommendations.

         {¶4} Initially, Appellant made progress on the case plan. However, in October of 2016, he lost his job as a forklift operator due to an OMVI charge, and he relapsed on heroin and methamphetamine. At this point he stopped participating in the required drug testing calling and screening. He was homeless for a period of time. He was incarcerated overnight in October, 2016, and several other times for a "couple days."

         {¶5} Appellant was arrested along with the children's mother in May, 2017. He was incarcerated on charges of kidnapping, aggravated robbery, and felonious assault from May 6, 2017, until he was released on bond on August 10, 2017.

         {¶6} After his release from jail, Appellant resided with his mother. He submitted to a mental health assessment through Ohio Guidestones, which recommended ongoing counseling. Although his initial drug assessment in the summer of 2016, indicated no need for treatment, he has not been assessed after his subsequent relapse.

         {¶7} The case proceeded to trial on the permanent custody motion on August 28, 2017. Appellant asked for three to six months in order to continue his treatment and obtain employment so he could parent the children. The evidence presented at trial demonstrated the children were bonded to Appellant and Appellant to the children, but the children also were bonded to the foster family and doing well in foster care. The guardian ad litem recommended permanent custody be granted to Appellee.

         {¶8} The court found Appellant failed to remedy the problems which caused the children to be placed outside the home, Appellant's repeated incarceration prevents him from providing care for the children, and the children could not be placed with him within a reasonable time. As to the best interests of the children, the court found the children need a safe and stable environment where their needs are met on a consistent basis, which Appellant could not provide due to his failure to follow through with treatment recommendations for his drug and mental health issues, his repeated ...


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.