Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: J.L., ET AL. Minor Children [Appeal by T.W., Mother]
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case Nos. AD-16907729 and AD-16907730
Stanton, Cuyahoga County Public Defender, and Aaron T. Baker,
Assistant Public Defender; Michael B. Telep, for appellant.
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Willie Mitchell, Assistant Prosecuting
Attorney; William Daugherty, Cheris Glinsey, Anna Markovich,
and Melanie R. Gimaria, for appellee.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, ADMINISTRATIVE JUDGE.
1} Appellant-Mother, T.W. ("Mother"),
appeals from the judgment of the Cuyahoga County Common Pleas
Court, Juvenile Division, that placed her children, J.L.
(d.o.b. Mar. 2, 2007) and L.B. (d.o.b. Feb. 3, 2011), in the
permanent custody of appellee, Cuyahoga County Division of
Children and Family Services ("CCDCFS"). For the
reasons set forth below, we affirm.
2} On May 12, 2016, CCDCFS filed a complaint and
motion for predispositional temporary custody, alleging the
minor children were neglected and dependent. Following a
hearing the same day, the court granted CCDCFS's motion
for predispositional temporary custody.
} In August 2016, the court held an adjudicatory
hearing. At the hearing, Mother, J.L.'s father, H.L.
("Father"), and L.B.'s father, R.B., all
stipulated to an amended complaint. The court accepted the
parents' stipulations, found the children to be neglected
and dependent, and committed them to the temporary custody of
4} In December 2017, CCDCFS filed a motion to modify
its temporary custody of the children to the permanent
custody of CG., the stepmother. In May 2018, Mother filed a
motion for legal custody to be granted to CO., a maternal
cousin. In addition, J.L.'s Father filed a motion to be
granted permanent custody of his child.
5} On June 6, 2018, the court held a dispositional
hearing on CCDCFS's motion to modify temporary custody to
permanent custody. At the outset, the court noted that on May
31, 2018, J.L.'s father had filed a motion for
continuance. The following discussion took place:
[MAGISTRATE]: And, [Counsel], did you wish to be heard on the
record in regard to your motion for continuance?
[TRIAL COUNSEL]: Your Honor, my client recently had double
bypass surgery and is hospitalized. I filed a motion for
continuance and attached a letter from the rehab center that
is in regards to his expected out - well, his expected - not
out date, but his expected time of being able to leave the
facility as well as have housing through our Home Choice
I believe the biggest issue, one of the biggest issues for
this case was dad's lack of housing and so hopefully that
would be taken care of. My client is unable to be heard in
regards to the custody of his own son. Thank you.
[MAGISTRATE]: All right. And this matter has been going on
since I think it was originally filed May 12th, 2016, which
would be over two years ago and the children are in need of
some form of permanency and so ...