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In re J.G.

Court of Appeals of Ohio, Ninth District, Summit

June 26, 2019

IN RE: J.G.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN 17-11-0009

          ANTHONY J. COSTELLO, Attorney at Law, for Appellant.

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

          NEIL P. AGARWAL, Guardian ad Litem.

          J.G., Appellee.

          G.G. and T.G., Appellees.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN JUDGE.

         {¶1} Appellant Mother appeals the judgment of the Summit County Court of Common Pleas, Juvenile Division, that placed her child in the legal custody of the child's paternal grandparents ("Grandparents"). This Court affirms.

         I.

         {¶2} Mother is the biological mother of J.G. (d.o.b. 5/28/14). Paternity has been established. The child resided with Mother, while Father has only had contact with the child a couple times during her life.[1] When J.G. was three-and-a-half years old, Summit County Children Services Board ("CSB" or "the agency") filed a complaint alleging the child to be abused and dependent based on concerns regarding Mother's mental health, substance abuse, and involvement in criminal activity. CSB later withdrew its allegation of abuse, and Mother stipulated that J.G. was a dependent child. The juvenile court granted temporary custody of J.G. to CSB, who placed the child with Grandparents. The juvenile court further adopted the agency's case plan as the order of the court.

         {¶3} CSB filed a motion for legal custody to Grandparents. Mother did not file a dispositional motion, but requested that she be transported from the Community Based Correctional Facility ("CBCF") to attend the hearing on the agency's motion. At the hearing, Mother conceded that she was not then in a position to request legal custody of the child. Instead, she informed the magistrate that she opposed the agency's motion and requested more time, although she did not explicitly move for a six-month extension of temporary custody.

         {¶4} After a hearing, the magistrate issued a decision granting CSB's motion for legal custody to Grandparents. Mother filed objections, arguing that she had insufficient time to work on her case plan objectives in pursuit of reunification because she had been in and out of jail since the initiation of the case. Both CSB and the guardian ad litem filed briefs in opposition to Mother's objections. The guardian ad litem noted that Mother never filed a motion for a six-month extension of temporary custody. CSB argued that there was no evidence to support a six-month extension of temporary custody pursuant to the statutory factors listed in R.C. 2151.415(D)(1). The juvenile court issued a judgment, overruling Mother's objections based on an analysis of the statutory best interest of the child factors. The juvenile court awarded legal custody of J.G. to Grandparents and ordered that Mother could pursue supervised visitation with the child. Mother filed a timely appeal in which she raises two assignments of error for review.

         II.

         ASSIGNMENT ...


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