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In re P.B.

Court of Appeals of Ohio, Ninth District, Lorain

June 17, 2019

IN RE: P.B. D.B. T.B. T.B. E.B.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE Nos. 16JC49755, 16JC49756, 16JC49757, 16JC50510, 16JC50511

          JUSTIN MILLER, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and EMILY W. KIRSCH, Assistant Prosecuting Attorney, for Appellee.

          JAMES DICKEY, Guardian ad Litem.

          K.S., pro se, Appellee.

          D.B., pro se, Appellee.

          DECISION AND JOURNAL ENTRY

          TEODOSIO, PRESIDING JUDGE.

         {¶1} Appellant Mother appeals the judgment of the Lorain County Court of Common Pleas, Juvenile Division, that terminated her parental rights and awarded permanent custody of her five children to appellee Lorain County Children Services ("LCCS" or "the agency"). This Court affirms.

         I.

         {¶2} Mother is the biological mother of P.B. (d.o.b. 1/31/09), D.B. (d.o.b. 10/9/11), 1-T.B. (d.o.b. 6/18/13), 2-T.B. (d.o.b. 5/28/14), and E.B. (d.o.b. 11/7/15). Based on concerns regarding Mother's lack of supervision of the youngest four children, her struggle to provide for the basic needs of all the children, her mental health, and the children's exposure to domestic violence in the home, LCCS filed complaints alleging that the children were neglected and dependent. After adjudicatory hearings, the juvenile court found the five children to be neglected and dependent. After the initial dispositional hearing, P.B., 2-T.B., and E.B. remained with Mother under an order of protective supervision by the agency. D.B. and 1-T.B. were placed in the temporary custody of LCCS. Over the course of the case below, all five children were placed in the temporary custody of various relatives. When those placements disrupted, the juvenile court awarded temporary custody of all five children to LCCS which placed them in foster homes.

         {¶3} Maternal Grandmother ("Grandmother") filed a motion to intervene in the proceedings. After the juvenile court granted her intervention, Grandmother filed motions for legal custody of and visitation with the five children. LCCS filed a motion for permanent custody. After a two-day hearing, the juvenile court granted the agency's motion, terminated the parents' parental rights, and awarded permanent custody to LCCS. Mother filed a timely appeal in which she raises one assignment of error for review. Neither Grandmother nor Father has appealed.

         II.

         ASSIGNMENT OF ERROR

THE TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR BY FINDING THAT IT WAS IN THE BEST INTERESTS OF THE MINOR CHILDREN TO BE PLACED IN THE PERMANENT CUSTODY OF LORAIN COUNTY CHILDREN SERVICES DESPITE THE FACT SUCH FINDING ...

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