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In re C.S.

Court of Appeals of Ohio, Ninth District, Summit

September 4, 2019

IN RE: C.S.

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN 18-03-000253

          NEIL P. AGARWAL, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO GUEST, Assistant Prosecuting Attorney, for Appellee.

          AMBER CROWE, Attorney at Law, for Appellee.

          JOSEPH KERNAN, Guardian ad Litem.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER JUDGE.

         {¶1} Appellant Father appeals the judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated his parental rights and placed the child C.S. in the permanent custody of Summit County Children Services Board ("CSB" or "the agency"). This Court affirms.

         I.

         {¶2} Mother and Father are the biological parents of C.S. (d.o.b. 12/6/17). Father is also the biological father of Mother, making him the grandfather of the child as well. C.S. was conceived when Mother was 17 years old. Based on the circumstances of the child's conception, Father was convicted of sexual battery of Mother and was sentenced to five years in prison.

         {¶3} C.S. was born with numerous medical issues which required her to spend the first four months of her life in the hospital. The parents struggled to assist in the infant's required around the clock care. Based on concerns that Mother and Father would not be able to provide adequate and ongoing care for the medically fragile child, as well as concerns regarding domestic violence in the home, CSB filed a complaint alleging that C.S. was a dependent child. The agency obtained a springing emergency order of temporary custody, effective upon the child's release from the hospital. After adjudicatory and dispositional hearings, the juvenile court found that C.S. was a dependent child and placed her in the temporary custody of CSB.

         {¶4} CSB subsequently filed a motion for permanent custody. The agency filed a motion to serve Father by certified mail because Father was incarcerated, making personal service impracticable. The juvenile court issued an order two weeks later authorizing CSB to serve Father by certified mail. Thereafter, the agency filed instructions for the clerk of courts to serve Father with the summons and motion by certified mail. A return receipt evidencing acceptance of the certified mail is in the record.

         {¶5} Father filed a motion for conveyance from prison to attend the permanent custody hearing. The juvenile court granted the motion and issued a warrant to convey. Mother and Father were both present at the permanent custody hearing. Mother voluntarily relinquished her parental rights, but Father continued to oppose the agency's motion. After the hearing, the juvenile court granted CSB's motion for permanent custody and terminated Mother's and Father's parental rights to C.S. Father filed a timely appeal in which he raises two assignments of error for review.

         II.

         ASSIGNMENT ...


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