Court of Appeals of Ohio, First District, Hamilton
IN RE: W. CHILDREN.
Hamilton County Trial No. F07-1763Z Juvenile Court.
Phyllis Schiff, for Appellant Mother,
Cynthia Daugherty, In re Williams Attorney, for Appellants
K.W. and K.W.,
T. Deters, Hamilton County Prosecuting Attorney, and Patsy
Bradbury, Assistant Prosecuting Attorney, for Appellee
Hamilton County Department of Job and Family Services,
Raymond T. Faller, Hamilton County Public Defender, and
Amanda Robinson, Assistant Public Defender, Appellee Guardian
ad Litem for K.W. and K.W.
Mother appeals the trial court's judgment terminating her
parental rights with respect to her two youngest children,
K.W.1, currently nine years old, and
K.W.2, currently six years old. The children,
through their In re Williams attorney, also appeal
the trial court's judgment granting permanent custody to
the Hamilton County Department of Job and Family Services
("HCJFS"). For the following reasons, we affirm.
Mother first had contact with HCJFS in December 2007 when her
three older children were removed from her care. The children
were removed from the home when, on two separate occasions,
the children's daycare provider returned the children to
their home to find that mother was not present and no
childcare had been arranged. The juvenile court adjudicated
the three older children dependent, and granted legal custody
of mother's son to the child's father, and legal
custody of mother's two older daughters to paternal
grandparents. The court based its decision on the facts that
mother suffered from an untreated mental-health issue, had
not complied with her case-plan services, including urine
screens, and had not visited with the children regularly or
attended the most recent court hearings.
In 2010, mother gave birth to K.W.1 and, three
years later, gave birth to K.W.2. In 2014, mother
moved for custody of her two older daughters who were in the
legal custody of their paternal grandparents. The paternal
grandparents, believing that mother was now able to parent
appropriately, supported mother's motion and the trial
court granted legal custody to mother. A year later, the
paternal grandparents moved to regain custody of the two
older children based on the children's report that mother
was staying out all night, calling them names, hitting them
and withholding food from them.
In June 2015, HCJFS removed all four children from
mother's care based on the allegation that mother had
stomped and punched K.W.2 causing her injury.
HCJFS investigated, and the two older children admitted that
mother had "stomped, punched and kicked"
K.W.2. HCJFS implemented a safety plan, placing
the two older girls with their paternal grandparents and
placing K.W.1 and K.W.2 with
mother's former foster parent. Unfortunately,
mother's behavior disrupted the safety plan for
K.W.1 and K.W.2, causing HCJFS to move
for interim temporary custody of all four girls. Mother
agreed to interim custody, and the court ordered that the two
older children remain with their paternal grandparents and
K.W.1 and K.W.2 be placed in foster
The juvenile court adjudicated all four children dependent in
May 2016, and awarded legal custody of the two older children
to paternal grandparents and ordered K.W.1 and
K.W.2 to remain in the temporary custody of HCJFS.
The court ordered mother to participate in supervised
visitation, case management, parenting classes, and
toxicology screens and to follow any recommendations from a
diagnostic assessment performed by Family Access to
Integrated Recovery ("FAIR").
FAIR recommended that mother participate in individual
counseling to work on her impulse control and anger issues.
Mother did not report any substance-abuse issues at that
time. Mother began individual therapy through Greater
Cincinnati Behavioral Health ("GCB") but in the
December 2015 semiannual review, HCJFS reported that
mother's therapist believed mother required more
intensive services than GCB could provide. Mother reported at
that time that she had been diagnosed with depression and
bipolar disorder. Mother eventually stopped attending
In the summer of 2016, mother was convicted of criminal
simulation and the unauthorized use of a motor vehicle. She
was sentenced to 11 months of community control. She was also
involved in a domestic-violence incident in 2016 with the
father of K.W.2, who was arrested but not
convicted because mother refused to testify against him.
KW.2's father reported that the domestic
dispute was caused by mother stealing drugs that he had been
selling out of mother's home. HCJFS reported that mother
tested positive for cocaine in the summer of 2016. Mother
admitted to recreational use but reported that she was not
In December 2016, mother testified positive for alcohol
during a toxicology screen, and one month later tested
positive for cocaine. HCJFS referred mother to FAIR for
another diagnostic assessment. FAIR recommended mother start
outpatient drug treatment as well as resume mental-health
treatment. Mother attended an intake meeting at the Talbert
House for substance-abuse and mental-health treatment, but
Talbert House discharged mother in March 2017 because she had
not been participating in services. Around that time mother
requested that HCJFS investigate ...