In re A.M.

2024 Ohio 1152
CourtOhio Court of Appeals
DecidedMarch 27, 2024
Docket30858
StatusPublished
Cited by1 cases

This text of 2024 Ohio 1152 (In re A.M.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.M., 2024 Ohio 1152 (Ohio Ct. App. 2024).

Opinion

[Cite as In re A.M., 2024-Ohio-1152.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

IN RE: A.M. C.A. No. 30858

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN 22 01 0004

DECISION AND JOURNAL ENTRY

Dated: March 27, 2024

STEVENSON, Presiding Judge.

{¶1} Appellant, W.M. (“Father”), appeals from a judgment of the Summit County Court

of Common Pleas, Juvenile Division, that placed his minor child in the permanent custody of

Summit County Children Services Board (“CSB”). This Court affirms.

I.

{¶2} Father is the biological father of A.M., born May 31, 2007. The child’s mother

(“Mother”) passed away one week after CSB filed this case. Although the trial court proceedings

involved one of Mother’s other children, Father is the father of only A.M. Father was established

to be the biological father of A.M. in a 2009 Summit County Juvenile Court case. Few details

about the 2009 case are included in the record except the juvenile court removed A.M. and other

half-siblings from Mother’s custody, adjudicated them neglected children, and placed them in the

temporary custody of CSB for many months. 2

{¶3} On January 3, 2022, CSB filed a complaint to allege that A.M. was an abused,

neglected, and dependent child because of Mother’s behavior toward the child, which had included

locking her out of the house and threatening to spray her with mace and beat her with a baseball

bat. Mother was charged with domestic violence and child endangering. At that time, CSB alleged

that Father had a lengthy criminal history including ten felony convictions for crimes including

drug possession, domestic violence, and theft offenses. The complaint further alleged that then

14-year-old A.M. had substance abuse, mental health, and behavioral problems. Seventeen days

later, CSB filed an amended complaint to allege several additional facts: Mother had recently

passed away; Father was incarcerated for two felony convictions, with a scheduled release date of

February 2025; and A.M.’s placement had changed. Specifically, A.M. fled from her initial

placement with an adult sister and was missing for several days.

{¶4} The juvenile court later adjudicated A.M. an abused, neglected, and dependent child

and placed her in the temporary custody of CSB. Because Mother was deceased and Father was

incarcerated, the case plan in this case focused primarily on A.M. being provided with counseling

to address her substance abuse, mental health, and behavioral problems.

{¶5} Father has been serving a six-year period of incarceration on a conviction of

felonious assault with a firearm specification since before this case began. During the lifetime of

A.M., Father also served prior periods of incarceration on numerous other felony convictions, but

the dates of those prison terms are not included in the record. Nevertheless, it is unclear from the

record whether A.M. ever resided with Father or had much of a relationship with him prior to this

case. Because Father was incarcerated throughout this case, the only case plan goal for him was

to attempt to “establish a relationship with [A.M.] through phone calls, when possible, and letters.” 3

{¶6} Father was also required to maintain contact with the caseworker to put her in touch

with any relatives who might be willing to provide a placement for A.M. and inform her about any

services that he completed while in prison. Father complied with his case plan requirements by

communicating with A.M. and the caseworker and engaging in services in prison. The fact

remained, however, that he would continue to be incarcerated for more than three years after this

case began.

{¶7} Upon CSB’s motion, the trial court granted a first six-month extension of temporary

custody to allow the agency more time to investigate relatives for potential placement of the child.

At that time, A.M. was again missing from her most recent placement. Unfortunately, CSB was

unable to find a suitable relative who was willing to provide A.M. with a permanent placement.

Consequently, CSB later moved for permanent custody of A.M.

{¶8} Following an evidentiary hearing, the trial court terminated Father’s parental rights

and placed A.M. in the permanent custody of CSB. Father appeals and raises two assignments of

error.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT COMMITTED AN ABUSE OF DISCRETION IN FAILING TO GRANT A SIX-MONTH EXTENSION.

{¶9} Father’s first assignment of error is that the trial court erred in failing to grant him

a second six-month extension of temporary custody. To justify a second six-month extension of

temporary custody in this case, there must have been clear and convincing evidence presented to

the trial court that the additional extension was in the best interest of the child, that there has been

substantial additional progress toward reunification since the first extension, and “there is

reasonable cause to believe that the child will be reunified with one of the parents or otherwise 4

placed in a permanent setting before the expiration of the additional extension period.” R.C.

2151.415(D)(2); see also In re A.B., 9th Dist. Wayne Nos. 23AP0019, 23AP0020, and 23AP0021,

2023-Ohio-3826, ¶ 31.

{¶10} The trial court explicitly denied Father’s request for a second six-month extension

because there had been a lack of progress on the goals of the case plan and because there was not

clear and convincing evidence before the court to give it “reasonable cause” to believe that A.M.

would be reunified with Father before the expiration of the extension period, which would end in

January 2024. Specifically, the trial court relied on undisputed evidence that Father was then

scheduled to be released from incarceration during February 2025, more than one year after the

end of a potential extension period.

{¶11} On appeal, Father disputes the trial court’s finding by pointing to evidence that he

had applied for early release from prison. Although Father testified that he had recently applied

for early release, the trial court had no evidence before it about the likelihood of Father being

released early or when that would be. This Court will not fault the trial court for rejecting Father’s

speculative projections about early release from incarceration. See In re E.C., 9th Dist. Summit

No. 22355, 2005-Ohio-1633, ¶ 8.

{¶12} Moreover, Father planned to live with his fiancée in Toledo after his release from

incarceration. CSB had considered the fiancée for placement of A.M. during early 2023, and the

fiancée had expressed interest in having A.M. placed in her home at that time. CSB placed A.M.

in a foster home in Toledo while it explored that potential placement. More recently, however,

the fiancée informed CSB that she was not willing to have A.M. live in her home. CSB relocated

A.M. again, as there were no other viable placement options in Toledo. In fact, CSB had exhausted

all the possible placements for A.M. that had been suggested by Father. 5

{¶13} The evidence before the trial court did not demonstrate that reunification or another

permanent placement for A.M. was likely to occur within a second extension period. As Father

has failed to demonstrate that the trial court erred in denying a second six-month extension of

temporary custody, his first assignment of error is overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re D.B.
2024 Ohio 1965 (Ohio Court of Appeals, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
2024 Ohio 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-am-ohioctapp-2024.