CHARACTER OF PROCEEDING: Civil Appeal from the Court of
Common Pleas, Juvenile Division, Case No. 2018JCV00378
Plaintiff-Appellee JAMES B. PHILLIPS STARK COUNTY JFS
Defendant-Appellant AARON KOVALCHIK
JUDGES: Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Appellant-Father C.P. appeals the judgment of the Stark
County Common Pleas Court, Juvenile Division, awarding
permanent custody of his minor child J.P. to Appellee Stark
County Department of Job and Family Services.
OF THE FACTS AND CASE
Appellant-Father C.P. and Mother S.W. are the parents of the
minor children, K.P. (DOB 02/19/08), J.P. (DOB 05/13/17) and
D.P. (DOB 5/13/17).
On April 12, 2018, SCJFS filed a complaint alleging the
dependency and/or neglect of J.P. (DOB 05/13/17). The
allegations of the complaint centered on both parent's
persistent drug use, poor home conditions, and medical
neglect of the child. The SCJFS had attempted to work
voluntarily with the family in a non-court case since August
of 2017. Those efforts were unsuccessful, and the complaint
On April 13, 2018, a shelter care hearing was held. The
parents stipulated to probable cause. Based on the
stipulations, the trial court found that probable cause
existed for the involvement of SCJFS and granted emergency
temporary custody to the Agency.
On May 7, 2018, a CASA report was filed, and on May 9, 2018,
an initial case plan was filed.
On July 5, 2018, the parents failed to appear at an
adjudication hearing. Based on the evidence presented, the
trial court found the minor children to be dependent and
placed them into the temporary custody of SCJFS. The trial
court approved and adopted the case plan and found that SCJFS
had made reasonable efforts to prevent the need for the
continued removal of the children from the home.
On October 9, 2018 and March 8, 2019, the trial court
reviewed the case. The trial court approved and adopted the
case plan and found that SCJFS had made reasonable efforts to
prevent the need for the continued removal of the children
from the home. The trial court also found that compelling
reasons existed to preclude a request for permanent custody
only at the October 9, 2018 hearing.
On February 11, 2019, SCJFS filed a motion seeking permanent
custody of the children. The original permanent custody
hearing date had to be continued due to the serious illness
of the ongoing caseworker.
The Guardian ad Litem for J.P. submitted a report stating
that J.P. was adjusted to her foster family and doing well
and recommending that J.P. ...