In re A.S.

2025 Ohio 70
CourtOhio Court of Appeals
DecidedJanuary 13, 2025
Docket1-24-08; 1-24-09; 1-24-10; 1-24-11
StatusPublished

This text of 2025 Ohio 70 (In re A.S.) 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.S., 2025 Ohio 70 (Ohio Ct. App. 2025).

Opinion

[Cite as In re A.S., 2025-Ohio-70.]

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT ALLEN COUNTY

IN RE: CASE NO. 1-24-08 A.S.,

ADJUDICATED DEPENDENT AND ABUSED CHILD. OPINION

[EUGENE S. - APPELLANT]

IN RE: CASE NO. 1-24-09 Eu.S.,

ADJUDICATED DEPENDENT CHILD. OPINION [EUGENE S. - APPELLANT]

IN RE: CASE NO. 1-24-10 El.S.,

IN RE: CASE NO. 1-24-11 H.S.,

ADJUDICATED DEPENDENT CHILD. OPINION [EUGENE S. - APPELLANT] Case No. 1-24-08, 09, 10, 11

Appeals from Allen County Common Pleas Court Juvenile Division Trial Court Nos. 2023 JG 38622, 2022 JG 37883, 2022 JG 37890 and 2022 JG 37891

Judgments Affirmed

Date of Decision: January 13, 2025

APPEARANCES:

Alison Boggs for Appellant

Ashley Stansbery for Appellee

WILLAMOWSKI, J.

{¶1} Father-appellant Eugene S. (“Father”) brings this appeal from the

judgments of the Court of Common Pleas of Allen County, Juvenile Division

granting permanent custody of the children to the Allen County Children Services

Board (“the Agency”).1 On appeal Father challenges the trial court’s judgment as

being against the manifest weight of the evidence and claims the Agency failed to

use reasonable case planning and diligent efforts to reunify Father with his children.

For the reasons set forth below, the judgments are affirmed.

1 As Mother has not filed an appeal, we will not address the aspects of the case that solely apply to her.

-2- Case No. 1-24-08, 09, 10, 11

Background

{¶2} Father and Hilary L. (“Mother”) are the biological parents of four

children: H.S. (born 2015), El.S. (born 2019), Eu.S. (born 2021), and A.S. (born

2023). This case began after Eu.S. was born at 26 weeks gestation and required

transportation for care at Nationwide Children’s Hospital in Columbus, Ohio.

Mother was last in contact with the hospital on December 20 or 21, 2021. Father

last visited Eu.S. on December 28, 2021. On January 25, 2022, the hospital

contacted the Agency after being unable to make contact with either parent for

almost a month. The Agency was able to make contact with the parents and arrange

for Mother to visit with Eu.S. However, neither Father nor Mother were cooperative

with the Agency. During the investigation, concerns arose about drug use by

Mother and issues with domestic violence involving Father.

{¶3} On February 18, 2022, the Agency filed a complaint alleging that the

children were dependent and requesting temporary custody of them. An

adjudicatory hearing was held on April 18, 2022, and the children were found to be

dependent. The trial court held a hearing on disposition on May 3, 2022, and

continued the temporary custody.

{¶4} The Agency filed a case plan that required Father to 1) complete random

drug screens, 2) attend all necessary medical appointments of the children, 3)

complete a mental health assessment and follow the recommendations, 4) complete

a domestic violence program, 5) maintain safe and stable housing, 6) complete a

-3- Case No. 1-24-08, 09, 10, 11

parenting class, 7) maintain employment, and 8) allow the Agency access to the

home. Father was granted weekly visits of one hour with the children. On January

5, 2023, Father filed for unsupervised visitation with the children. The trial court

then conducted an annual review of the case and considered Father’s motion for

unsupervised visits. The review noted that although Mother was sporadic in her

visits, Father regularly visited. The review indicated that Father had completed the

parenting class and the mental health assessment, but needed more time to complete

the domestic violence program. The only issue the Agency noted with Father was

that the Agency had not been able to conduct a home visit to Father’s new residence

at that time. However later when the visits were allowed, the trial court noted that

Father’s home was clean and appropriate at the January 2023 visit completed by the

Agency. The trial court noted that Coleman Professional Services recommended

that Father complete Moral Recognition Therapy classes, but Father had not yet

done so. The trial court overruled Father’s motion for unsupervised visits with the

children.

{¶5} A.S. was born prematurely to Mother and Father in January of 2023 and

tested positive for cocaine at that time. Mother also tested positive at the time of

A.S.’s birth. The child was born at 30 weeks gestation and needed to be transferred

to Riverside Methodist Hospital in Columbus, Ohio immediately following birth.

Eventually A.S. was transferred to a Children’s Hospital where he remained in the

NICU for multiple months. While the child remained in the hospital, neither Mother

-4- Case No. 1-24-08, 09, 10, 11

nor Father visited, though Father did call the hospital for updates. On April 5, 2023,

the Agency filed a complaint alleging that A.S. was a dependent and an abused

child. The trial court subsequently found A.S. to be a dependent and abused child

and placed him in the temporary custody of the Agency. Eventually A.S. was placed

in the same foster home as his siblings.

{¶6} On May 12, 2023, Father again filed for unsupervised visits. On

September 14, 2023, the Agency filed motions for permanent custody of all of the

children. The basis for the motions was that each child could not be placed with

Father within a reasonable amount of time. The GAL filed her reports on November

15, 2023. The GAL noted that she had not been able to contact Mother despite

numerous requests for contact throughout the case. The GAL had visited Father’s

home as well as that of the foster parents. The GAL reported that the foster home

was appropriate for the children and the children appeared bonded to the foster

parents, with El.S. and H.S. referring to the foster mother as “mom”. The GAL

noted that Father had completed his MRT counseling, but had been diagnosed with

schizoaffective disorder with paranoia. Father was refusing further counseling.

According to the GAL, both H.S. and El.S. expressed a desire to live with Father,

however they both also stated they would be happy remaining with the foster family

as well. Eu.S. and A.S. were too young to express an opinion. In her conclusion,

the GAL made the following recommendation:

-5- Case No. 1-24-08, 09, 10, 11

[Father] has consistently stated that he desired for the children to come to him if [Mother] was unable to do so. The children are well bonded with [Father] and benefit from communication with their father. [Father], however, has not been able to progress in visitation despite requests and no hearing to proceed on. [Father] has completed all case plan services except counseling. There were no recommendations for psych to my knowledge. [Father] has also been inappropriate at visits at times to my knowledge as recent as May of 2023. [Father] admits to a recent screen by the agency having cocaine however denies use. Unfortunately, [Eu.S., H.S., and El.S.’s] cases are nearing the two- year mark in February 2024 and the children deserve permanency. The foster parents are interested in adoption of all four children, and it is unclear if continued communication will be possible between the children and the father. Father’s home is adequate for his children, but he lacks proper beds for the children currently. I believe it would be in the best interest of these children that permanent custody be granted to the agency.

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Bluebook (online)
2025 Ohio 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-as-ohioctapp-2025.