In re B.J.L.

130 N.E.3d 906, 2019 Ohio 555
CourtCourt of Appeals of Ohio, Fourth District, Washington County
DecidedFebruary 6, 2019
DocketNos. 18CA14; 18CA15; 18CA16
StatusPublished
Cited by9 cases

This text of 130 N.E.3d 906 (In re B.J.L.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Fourth District, Washington County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re B.J.L., 130 N.E.3d 906, 2019 Ohio 555 (Ohio Super. Ct. 2019).

Opinion

Hoover, J.

{¶1} The children's biological father appeals the trial court's judgments that awarded Washington County Children Services, ("the agency") permanent custody of his three children: eight-year-old B.L.J., Jr.; five-year-old B.X.L.; and four-year-old J.M.L. We consolidated the appeals for purposes of review and determination. For the reasons that follow, we affirm the trial court's judgments.

I. FACTS

{¶2} On October 1, 2016, law enforcement officers responded to the home that the children shared with their mother1 and their maternal grandfather. The officers arrested the grandfather for drug trafficking and contacted the agency.

{¶3} At the time of the grandfather's arrest, the mother was incarcerated in the Erie County Jail, and the agency did not know how to contact the father. Caseworkers also found the grandfather's home infested with bed bugs and roaches. The agency thus removed the children from the home.

{¶4} A couple of days later, the agency filed complaints that alleged the three children were abused and dependent and that requested temporary custody of the children. After the trial court adjudicated the children dependent (and dismissed the abuse allegations), the parties agreed to a dispositional order placing the children in the agency's temporary custody.

{¶5} On March 7, 2018, the agency filed motions that requested the court to grant it permanent custody of the children. The agency alleged that the children have been in its permanent custody for twelve or more months of a consecutive twenty-two month period, and that placing the children in its permanent custody is in their best interests.

{¶6} At the permanent custody hearing, caseworker Brookann Dixon testified that the agency developed a case plan for the parents. The father's case plan required him to complete a mental health and drug and alcohol assessment and to follow treatment recommendations. She stated that the father completed an assessment in early November 2016 and that until February *9112017, he consistently attended counseling. Dixon indicated that starting in February 2017, the father's counseling attendance became sporadic. She explained that the father attended counseling on January 27, 2017, and on March 3, 2017, but he did not have any other appointments during that time.

{¶7} Dixon stated that she asked the father about the appointments, and the father stated that "those were the only appointments that were scheduled with him." Dixon testified that the father's statement that those were the only two appointments scheduled was "not accurate." Dixon additionally explained that around the third week of April 2017, the father reported that he had two or three appointments since March 3, 2017, when he, in fact, had only attended one appointment. Dixon stated that the father's last counseling appointment was March 29, 2018.

{¶8} Dixon also noted that the father admitted that he "relies heavily on marijuana" to help ease the pain associated with his disease, Charcot Marie Tooth Disease. Dixon related that Charcot Marie Tooth Disease is a debilitating disease that causes the father a great deal of pain. She indicated that she and the father discussed obtaining a medical marijuana card for his use, but he has not done so. Dixon stated that the father tested positive for marijuana several times throughout the case and that he most recently tested positive for marijuana a few weeks before the permanent custody hearing.

{¶9} Dixon testified that she thus does not believe that the father has completed the counseling requirement contained in the case plan. She explained that "[t]here's still a great deal of concern regarding his mental health and anger issues and substance abuse as well. He still relies heavily on marijuana."

{¶10} Dixon later emphasized that she "still [has] huge major concerns regarding [the father]'s mental health." Dixon related that in December 2017, police responded to the father's home after receiving a report "that he was attempting suicide by ingesting pills and cutting himself." She explained that in February 2018, she asked the father about the incident; he admitted that he tried to cut himself, but he denied that he attempted to ingest any pills. Dixon related that the father stated, "he is in a funk and pretty depressed right now," and that he discussed "in great detail * * * the depression he's facing now."

{¶11} Dixon additionally stated that the father did not comply with the case plan requirement to obtain stable housing suitable for the children. She indicated that in January 2018, the father reported that he was homeless. Dixon also explained that in March 2018, she tried to schedule a home visit with the father. She testified that she spoke with the father numerous times over the phone and asked for an address. The father informed Dixon that he did not know the address. Dixon advised the father to let her know when he obtained the address, but he never did.

{¶12} Dixon explained that in April 2018, the father reported that he was living in Sandusky. Dixon looked up the address the father provided on Google Maps, but it did not show an address. Dixon then contacted Erie County Children Services. A caseworker went to the address that the father provided and "confirmed that there was just an empty lot there." Dixon stated that she also confirmed her finding that the address did not exist through the Erie County Auditor's Office and the Erie County Sheriff's Department.

{¶13} Dixon stated that the father did not attend all of his available visits with the children. She related that the father *912scheduled eighteen out of the eighty-six visits that the agency would have permitted. Dixon credited the father for not scheduling visits and then failing to appear. She also recognized that the father had some struggles attending visits due to the distance and the cost of gas to travel from Sandusky to Washington County. She stated that the agency provided some gift cards for gas and even tried to find more of a midway point between Sandusky and Washington County to hold the visits. Dixon explained that due to the distance, she was unable to find a feasible alternative.

{¶14} Dixon stated that when the father did visit the children, he interacted appropriately with them. She related that the children "do well with him" and that the father "engages them well." Dixon explained that during the father's last visit, he was playing with the children and being "a good Father." Dixon testified that she has "no doubt" that the father "loves the kids and the kids love him."

{¶15} Dixon agreed that the father complied with the case plan requirement to take a parenting class.

{¶16} Dixon stated that the case plan required the father to refrain from criminal activity. She indicated that the father was on probation and that he seems to have complied with the terms of his probation. Dixon further noted, however, that in late 2017, the father's ex-girlfriend claimed that the father assaulted her. She stated that a criminal charge against the father remains pending.

{¶17} Dixon testified that the case plan also required the father to demonstrate an "ability to meet the children's needs through employment benefits or other resources." She explained that the father receives Social Security due to his disease and has not been actively employed.

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Cite This Page — Counsel Stack

Bluebook (online)
130 N.E.3d 906, 2019 Ohio 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bjl-ohctapp4washing-2019.