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In re A.S.

Court of Appeals of Ohio, Ninth District, Summit

June 19, 2019

IN RE: A.S. E.U.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. DN17-06-000421 DN17-06-000422

          DENISE E. FERGUSON, Attorney at Law, for Appellant.

          BRENDON J. KOHRS, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          JOSEPH KERNAN, Guardian ad Litem.

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL, JUDGE.

         {¶1} Appellants, N.U. ("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 children in the permanent custody of Summit County Children Services Board ("CSB"). This Court affirms.

         I.

         {¶2} Mother and Father are the biological parents of A.S., born August 2, 2014; and E.U., born June 13, 2016. On July 7, 2017, CSB filed complaints alleging that both children were neglected and dependent because their parents were failing to meet their basic needs. The children were dirty; there was little food in the home; and the younger child had been diagnosed with failure to thrive, but her parents were not appropriately feeding her or taking her to the doctor as needed. Both children had significant medical problems and developmental delays that required frequent visits to medical appointments to monitor the conditions of the children and to update their caregiver with information about how to care for them.

         {¶3} The complaint also alleged that both parents had substance abuse problems and that Mother also had serious mental health problems. At the time the case began, Mother was on community control for a 2016 conviction of felony possession of methamphetamines. She had violated the conditions of her community control by committing additional crimes and continuing to use drugs. Mother would later report to the caseworker that she had been diagnosed with bipolar disorder and ADHD but that she was not then taking any medications.

         {¶4} The children were later adjudicated neglected and dependent and placed in the temporary custody of CSB. In addition to demonstrating that they had stable income and housing and that they could meet the children's basic and special needs, the case plan required both parents to obtain mental health and substance abuse evaluations and comply with any treatment recommendations. During the following year, however, neither parent complied with the reunification requirements of the case plan. They did not complete parenting classes or verify that they had stable income or housing. Although Mother and Father each completed substance abuse assessments, they did not follow through with the treatment or drug testing that was recommended. Neither parent obtained any mental health assessment or treatment and continued to threaten the foster mother, the caseworker, and others involved in this case.

         {¶5} Consequently, CSB moved for permanent custody of both children. The trial court held a hearing on that motion as well as alternative requests for legal custody or a six-month extension of temporary custody. Following the hearing, the trial court terminated parental rights and placed A.S. and E.U. in the permanent custody of CSB. The parents separately appealed and their appeals were later consolidated. Mother raises two assignments of error and Father raises one.

         II.

         MOTHER'S ...


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