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In re D.P.

Court of Appeals of Ohio, Fifth District, Stark

December 2, 2019

IN THE MATTER OF: D.P.

          CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common Pleas, Juvenile Division, Case No. 2018JCV00379

         JUDGMENT: Affirmed

          For Plaintiff-Appellee JAMES B. PHILLIPS STARK COUNTY JFS

          For Defendant-Appellant AARON KOVALCHIK

          JUDGES: Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          WISE, P. J.

         {¶1} Appellant-Father C.P. appeals the judgment of the Stark County Common Pleas Court, Juvenile Division, awarding permanent custody of his minor child D.P. to Appellee Stark County Department of Job and Family Services.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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).

         {¶3} On April 12, 2018, SCJFS filed a complaint alleging the dependency and/or neglect of D.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 was filed.

         {¶4} 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.

         {¶5} On May 7, 2018, a CASA report was filed, and on May 9, 2018, an initial case plan was filed.

         {¶6} 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.

         {¶7} 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.

         {¶8} 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.

         {¶9} The Guardian ad Litem for D.P. submitted a report stating that D.P. was adjusted to his foster family and doing well and recommending that D.P. ...


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