FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DN 18-03-000253
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO
GUEST, Assistant Prosecuting Attorney, for Appellee.
CROWE, Attorney at Law, for Appellee.
KERNAN, Guardian ad Litem.
DECISION AND JOURNAL ENTRY
A. SCHAFER JUDGE.
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
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.
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.
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.
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