IN RE: A.S. E.U.
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. DN17-06-000421 DN17-06-000422
E. FERGUSON, Attorney at Law, for Appellant.
BRENDON J. KOHRS, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN,
Assistant Prosecuting Attorney, for Appellee.
KERNAN, Guardian ad Litem.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL, JUDGE.
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.
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
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.
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.
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.