In re B.S.

2018 Ohio 4385

Ohio Court of Appeals·Decided October 29, 2018·No. CA2018-06-011 CA2018-06-012·Published·Cited by 2 cases

Opinion

[Cite as In re B.S., 2018-Ohio-4385.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

FAYETTE COUNTY

IN THE MATTER OF: : CASE NOS. CA2018-06-011 B.S. : CA2018-06-012

: OPINION 10/29/2018 :

APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case No. AND20160655

Jess C. Weade, Fayette County Prosecuting Attorney, Sean M. Abbott, 110 East Court Street, 1st Floor, Washington C.H., Ohio 43160, for appellee

Steven H. Eckstein, 1208 Bramble Avenue, Washington C.H., Ohio 43160, for appellants

Kristina Oesterie, c/o Fayette County Children Services, 133 South Main Street, Washington C.H., Ohio 43160, guardian ad litem

RINGLAND, J.

{¶ 1} Appellants, the biological parents of B.S., appeal from a decision of the Fayette

County Court of Common Pleas, Juvenile Division, granting permanent custody of B.S. to

appellee, Fayette County Children Services ("FCCS"). For the reasons detailed below, we

affirm.

{¶ 2} On November 22, 2016, FCCS filed a neglect and dependency complaint and Fayette CA2018-06-011 CA2018-06-012

requested temporary custody of B.S., a 22-month-old child. The complaint alleged that law

enforcement received a report that children were playing in the road unsupervised outside

the parents' home.1 When law enforcement responded, they found the parents' living

conditions to be a safety hazard for children. The complaint alleged that Mother and Father's

home was cluttered with trash and infested with flies, bugs, and possibly rats or mice. There

were also several safety concerns including: exposed wires near a water source, water

leaking from the bathroom into a child's room, no flooring upstairs, mice running in and out of

a mattress, no sheets on the mattresses, and there were urine stains on the mattresses. The

complaint also noted that there was trash, food, and feces throughout the house.

{¶ 3} The children were placed with a family friend while the home was cleaned. The

agency also helped the family secure new housing. The children were returned to the

parents; however, after less than a month in the new home, the same sanitary issues were

again present. The complaint stated that B.S. is unclean and generally wears only a diaper.

B.S had scratches and cuts on his body and those injuries were not properly cleaned or

treated. The agency also received a call from a school employee that B.S.'s six-year-old

uncle was pushing him in a stroller across a street, causing traffic to stop for them.

{¶ 4} The juvenile court granted temporary custody of B.S. to FCCS and placed him

in foster care. B.S. was later adjudicated a dependent child. Since that time, B.S. has

resided in a certified foster home where he has thrived.

{¶ 5} The case plan for reunification included a mental health assessment, parenting

education, and the need to show the agency that Mother and Father could maintain a clean

and safe environment for children and provide basic needs. Mother and Father made some

progress but continued to struggle with the unsafe and unsanitary condition of their home.

1. Mother and Father also resided with Mother's stepfather and his three children who were not subject to the complaint. -2- Fayette CA2018-06-011 CA2018-06-012

{¶ 6} Throughout the pendency of this matter, the caseworker made three

unannounced visits to the parents' home. In January 2018, the caseworker found that the

home was being heated solely by space heaters, the upstairs was not in use due to broken

stairs, and bags of trash and clothing were stacked against the baseboard heaters. On

January 22, 2018, FCCS moved for permanent custody, alleging the child had been in its

temporary custody for 12 months out of the previous 22-month period.

{¶ 7} At an unannounced visit in February 2018, Father met the caseworker by the

front door and closed the door behind him. Father had large scratches on his neck and was

initially hesitant to have the caseworker enter the residence, claiming that Mother had the flu,

but he later relented. Upon entering the home, the caseworker discovered that the electricity

to the home had been disconnected. Furthermore, there were continued concerns with the

condition of the home. During the visit, Mother knocked over two soda cans that had been

sitting on the floor, but made no attempt to pick up the cans or clean the area. The case

worker observed that the floor was sticky and there were five or six piles of animal feces in

the house, along with what she believed was dried urine. The caseworker stated that the

residence smelled of garbage and animal feces and there were open trash bags on the floor.

Also, the stairs to the second floor were still broken.

{¶ 8} On March 2018, the caseworker made her final unannounced visit. The

caseworker stated that she had to knock on the door for several minutes. When the

caseworker entered the home, she observed that the conditions remained poor. The

caseworker observed smoke in the living room due to a burning incense stick that was stuck

into the drywall of the home. The stairs had been partially, but not completely repaired. The

caseworker also observed liquid feces and urine smeared on the floor in the living and dining

rooms. Several trash bags of garbage were in the home and some of those had been torn

open. In addition, the caseworker noted that B.S.'s bed was in an alcove at the top of the -3- Fayette CA2018-06-011 CA2018-06-012

stairway next to a dog crate. The dog crate was covered in dog food and dried feces. The

alcove had no door and the stairs were unguarded. Furthermore, the cat litter box was on its

side with litter stuck to the bottom.

{¶ 9} The matter proceeded to final disposition where testimony and evidence was

presented by all parties. After taking the matter under advisement, the juvenile court granted

the motion for permanent custody. Mother and Father now appeal the juvenile court's

decision granting permanent custody of B.S. to FCCS, raising one assignment of error for

review:

{¶ 10} THE TRIAL COURT'S DECISION TO GRANT FAYETTE COUNTY

CHILDREN'S SERVICES PERMANENT CUSTODY IS NOT SUPPORTED BY SUFFICIENT

CLEAR AND CONVINCING EVIDENCE AND IS AGAINST THE MANIFEST WEIGHT OF

THE EVIDENCE.

{¶ 11} In their sole assignment of error, Mother and Father argue the juvenile court's

decision granting permanent custody of B.S. to FCCS was not in his best interest. In support

of their argument, Mother and Father allege the juvenile court's decision was not supported

by sufficient clear and convincing evidence and was against the manifest weight of the

evidence. After a thorough review of the record, we find Mother and Father's assignment of

error is without merit.

{¶ 12} Before natural parents' constitutionally protected liberty interest in the care and

custody of their child may be terminated, the state is required to prove by clear and

convincing evidence that the statutory standards for permanent custody have been met.

Santosky v. Kramer, 455 U.S. 745, 759, 102 S.Ct. 1388 (1982). An appellate court's review

of a juvenile court's decision granting permanent custody is limited to whether sufficient

credible evidence exists to support the juvenile court's determination. In re M.B., 12th Dist.

Butler Nos.

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