Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.V.

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 12, 2019

IN RE K.V. Minor Child [Appeal by E.C., Mother]

          Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. AD17919014

         JUDGMENT: REVERSED AND REMANDED

          Bartos & Bartos, L.P A., and David Bartos, for appellant.

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Rachel Eisenberg, Assistant Prosecuting Attorney, for appellee C.C.D.C.F.S.

          JOURNAL ENTRY AND OPINION

          RAYMOND C. HEADEN, JUDGE.

         {¶ 1} Defendant-appellant E.C. ("Mother") appeals an order of the Cuyahoga County Juvenile Court ("juvenile court") that extended temporary custody of her child, K.V., to the Cuyahoga County Department of Child and Family Services ("CCDCFS"). For the reasons that follow, we reverse the judgment and remand the case to the juvenile court to conduct an independent review of the magistrate's decision.

         I. Factual and Procedural History

         {¶ 2} E.C. had custody of her daughter, K.V. On December 18, 2017, CCDCFS filed a complaint for neglect, as defined in R.C. 2151.03(A)(2), and sought temporary custody of K.V. to CCDCFS. [1] CCDCFS also filed a motion for emergency temporary custody. On January 9, 2018, the magistrate found K.V.'s continued residence with E.C. was not in the child's best interest and found probable cause, pursuant to R.C. 2151.31, for removal of the child. K.V. was committed to the emergency temporary care and custody of CCDCFS.

         {¶ 3} A case plan was filed on January 12, 2018. The complaint was amended on March 12, 2018, to find K.V. dependent, rather than neglected, under R.C. 2151.04(C). [2] K.V. was adjudicated on March 28, 2018, and the child was placed in the temporary custody of the CCDCFS. On November 28, 2018, CCDCFS filed a motion for extension of temporary custody.

         {¶ 4} Trial was held on March 11, 2019, and the magistrate's decision was filed with the juvenile court on March 12, 2019. The magistrate found continued temporary custody with CCDCFS was in the best interests of K.V. The magistrate's decision contained no facts or legal analysis justifying the extension of temporary custody.

         {¶ 5} On March 18, 2019, E.C. filed a motion to obtain a copy of the transcript from the January 11, 2019 hearing; on March 25, 2019, the court granted the motion. It appears E.C. mistakenly requested the wrong hearing transcript and, on March 21, 2019, filed an amended motion seeking the March 11, 2019 trial transcript. E.C.'s amended motion requesting the trial transcript was granted on March 26, 2019.

         {¶ 6} E.C. objected on March 25, 2019, to the magistrate's decision and requested leave to supplement her objections upon receipt of the trial transcript.

         {¶ 7} On March 29, 2019, the court denied E.C.'s request for leave to supplement her objections upon receipt of the trial transcript and overruled her objections to the magistrate's decision. On that same date, the trial court approved and adopted the magistrate's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.