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In re R.B.

Court of Appeals of Ohio, First District, Hamilton

August 28, 2019

IN RE: R.B., E.B., M.B., D.B.

          Appeal From: Hamilton County Juvenile Court TRIAL NO. F08-0417Z

         Judgment Appealed From Is: Affirmed

          Anzelmo Law and James A. Anzelmo, for Appellant Mother

          Phyllis Schiff, In re Williams Attorney for D.B.

          Roberta Barbanel, In re Williams Attorney for M.B., E.B., and R.B.

          Mark Fidler, for C.S., Father of D.B.

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Nick Gramke, Assistant Prosecuting Attorney, for Appellee Hamilton County Department of Job and Family Services

          Geoffrey W. Pittman, Attorney Guardian ad Litem for D.B.

          Raymond T. Faller, Hamilton County Public Defender, and Megan Bussam, Assistant Public Defender, Appellee Guardian ad Litem for M.B., E.B., and R.B.

          OPINION

          Zayas, Judge

         {¶1} Mother and her son, D.B., each appeal from a judgment of the Hamilton County Juvenile Court that terminated mother's parental rights and placed D.B., along with his half-siblings M.B., E.B., and R.B., in the permanent custody of the Hamilton County Department of Job and Family Services ("HCJFS"). For the reasons that follow, we affirm the juvenile court's judgment.

         I. Background and Procedural History

         {¶2} As relevant to this appeal, mother is the biological mother of D.B., M.B., E.B., and R.B. (collectively, the "B-B children"). C.S. is the father of D.B, while R.B. is the father of M.B., E.B., and R.B. Mother remains married to R.B., but she and the children have had no contact with him, and he does not provide child support.

         {¶3} HCJFS opened a case against mother in December 2014 after receiving allegations that her children were living in hazardous conditions in a dirty home without adequate supervision. In June 2015, HCJFS sought and received interim custody of the B-B children, and the juvenile court adjudicated them dependent and neglected. In January 2017, after mother completed her case plan, the children were returned to her care under orders of protective supervision. The protective orders were then terminated in March 2017.

         {¶4} In September 2017, HCJFS again sought interim custody of the B-B children after receiving allegations that the children were not adequately supervised. Mother had the children's grandfather caring for them most of the time, but he could not control them or stop them from fighting and injuring each other. HCJFS's motion for interim custody was held in abeyance pending further hearings.

         {¶5} In October 2017, HCJFS filed an emergency order of protection after receiving allegations that D.B. had raped E.B. HCJFS also sought and received interim custody of the B-B children. On October 30, 2017, HCJFS filed an amended complaint for permanent custody of the B-B children.

         {¶6} Hearings on permanent custody took place before a magistrate in March, April, July, and October of 2018. Mother was sequestered from the courtroom for a portion of the hearings because of a serious medical condition. She was able to participate ...


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