In re C.A.P.

2026 Ohio 662
CourtOhio Court of Appeals
DecidedFebruary 26, 2026
Docket2025-P-0075
StatusPublished

This text of 2026 Ohio 662 (In re C.A.P.) 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 C.A.P., 2026 Ohio 662 (Ohio Ct. App. 2026).

Opinion

[Cite as In re C.A.P., 2026-Ohio-662.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY

IN THE MATTER OF: CASE NO. 2025-P-0075

C.A.P., DEPENDENT CHILD Civil Appeal from the Court of Common Pleas, Juvenile Division

Trial Court No. 2022 JCC 00599

OPINION AND JUDGMENT ENTRY

Decided: February 26, 2026 Judgment: Affirmed

Matthew S. Ziccarelli, Ziccarelli Law, 8754 Mentor Avenue, Mentor, OH 44060 (For Appellant, Debra Wymer).

Connie J. Lewandowski, Portage County Prosecutor, Holly M. Spohn, and Brandon J. Wheeler, Assistant Prosecutors, 241 South Chestnut Street, Ravenna, OH 44266 (For Appellee, Portage County Department of Job and Family Services).

Karlek D.D. Jarvis, 206 South Meridian Street, Suite A, Ravenna, OH 44266 (Guardian ad litem for Father, Michael Petit).

Rebecca R. Grabski, Bret Jordan Co., L.P.A., 206 South Meridian Street, Suite A, Ravenna, OH 44266 (Guardian ad litem for minor, C.A.P.).

Thomas Grist, 114 Barrington Town Square Drive, 342, Aurora, OH 44202 (Guardian ad litem for Appellant).

ROBERT J. PATTON, J.

{¶1} Appellant, Debra Wymer (“Mother”), appeals the decision of the Portage

County Court of Common Pleas, Juvenile Division, granting permanent custody of minor child “C.P.” to Portage County Jobs and Family Services (“PCJFS”). For the following

reasons, we affirm.

{¶2} Mother presents a single assignment of error for review. Mother asserts that

the trial court abused its discretion when it evaluated the factors of R.C. 2151.414(D)(1)

and granted permanent custody to PCJFS. Upon review of the record in this case, we

conclude that the trial court’s best-interest analysis and judgment is consistent with the

manifest weight of the evidence.

{¶3} Accordingly, the judgment of the Portage County Court of Common Pleas,

Juvenile Division, is affirmed.

Substantive and Procedural Facts

{¶4} Mother and Michael Petit (“Father”) are the biological parents of minor child,

C.P. On November 8, 2022, PCJFS filed a verified complaint for temporary custody of

C.P. after receiving reports that the child was being locked in her room, had not been to

a medical doctor, was not enrolled in school, and had very little interaction with her

parents. A guardian ad litem (“GAL”), Rebecca Grabski (“Grabski”), was appointed for

C.P. on November 9, 2022.

{¶5} A civil pretrial was held on November 23, 2022. After the hearing, C.P.

remained in legal custody of the parents with an order of protective supervision. An

adjudicatory hearing was held on December 22, 2022. Both parties were present at the

hearing. C.P. was adjudicated dependent pursuant to R.C. 2151.04. A dispositional

hearing was held on January 19, 2023. At the hearing, the court adopted the case plan

previously filed with the court, and legal custody continued with Mother and Father with

PAGE 2 OF 32

Case No. 2025-P-0075 an order of protective supervision. On January 12, 2023, the GAL filed a report with the

court below.

{¶6} On August 14, 2023, PCJFS filed a motion to modify disposition. A hearing

was held on the motion on September 7, 2023, and the motion was granted. The same

day, C.P. was removed from Mother’s and Father’s home and placed in temporary

custody of PCJFS.

{¶7} On October 20, 2023, PCJFS filed a motion to extend temporary custody.

An annual review hearing and hearing on the motion for extension of temporary custody

was held on October 26, 2023. The motion to extend temporary custody was granted.

{¶8} On December 11, 2023, Mother filed a motion for legal custody of C.P. On

January 4, 2024, Father filed a motion for legal custody of C.P. A status review and

hearings on both motions for legal custody were held on January 18, 2024. Both Mother

and Father’s motions for legal custody were denied and C.P. continued in temporary

{¶9} On March 7, 2024, PCFJS filed its second motion to extend temporary

custody of C.P. On April 9, 2024, a hearing on PCJFS’s second motion to extend

temporary custody was held and PCJFS’s motion was granted. A status review hearing

was held on July 2, 2024. At the hearing, attorneys for both Mother and Father filed

motions for the appointment of a GAL for both of their clients. Mother and Father’s motions

for the appointment of a GAL were granted the same day. On July 3, 2024, Attorney

Karlek Jarvis was appointed GAL for Father, and attorney Thomas Grist was appointed

GAL for Mother.

PAGE 3 OF 32

Case No. 2025-P-0075 {¶10} On October 4, 2024, PCJFS filed a motion for permanent custody of C.P.

On October 28, 2024, Mother filed a motion for legal custody. On November 8, 2024,

Father filed a motion for legal custody. On January 23, 2025, Grabski filed a GAL report.

Hearings were held on PCJFS’s motion for permanent custody, and both Mother’s and

Father’s motions for legal custody on January 29, 2025 and April 29, 2025. The following

facts were presented at the hearings:

{¶11} At the January 29, 2025 hearing, Janie Rodkey (“Rodkey”), former

employee of PCJFS and a case worker assigned to C.P.’s family from November 2022 to

September 2024, testified. Rodkey explained that the PCJFS became involved after

reports were received alleging that C.P. was being locked in her room, that she was not

enrolled in school, that she had not seen a doctor, and that she was getting very little

interaction at home. Rodkey testified that she drafted a case plan after C.P. was

adjudicated dependent at the December 22, 2022 hearing. The case plan was filed with

the trial court on December 22, 2022. In addition to the case plan, a safety plan was

created with the family on July 7, 2023. Rodkey explained that the safety plan was a

“voluntary agreement between the parents and the agency to minimize safety concerns.”

{¶12} Rodkey indicated that Mother and Father “engaged in case plan services

shortly after the adjudication hearing.” Rodkey testified that she visited the family home

with her supervisor after learning that C.P. had broken her arm which required emergency

surgery to place a pin in C.P.’s elbow.1 Rodkey stated, “we found the home to be

deplorable. There were nails and equipment, tools found spread throughout the house

because they were doing a – they were fixing their steps going up to their trailer. We

1. Rodkey testified that she received multiple stories from the parents as to how C.P. broke her arm.

PAGE 4 OF 32

Case No. 2025-P-0075 found [C.P.] to be locked back in her room.” Rodkey testified that a main concern of the

agency were Mother and Father’s use of baby gates, “we found two baby gates stacked

on top of each other. [C.P.] was laying on subflooring. There was food spread out

throughout her room. Her hair was matted.” Rodkey stated that C.P. could not get into the

bathroom, and that there was lumber laying everywhere around the house. Rodkey

testified that Mother and Father were “using zip ties to keep [C.P.’s] clothes together and

duct tape on her diapers.” After the visit, Rodkey told Mother and Father that “that [C.P.]

could not stay at this house at this time and that she needed to leave.” C.P. was then

placed in the care of her maternal grandparents. Mother and Father were permitted to

have supervised visits with C.P.

{¶13} After being placed in the care of the maternal grandparents, Rodkey

testified that “[C.P.] still had not been enrolled in a school, and [C.P.] had some needs

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

Related

In re A.C.H.
2011 Ohio 5595 (Ohio Court of Appeals, 2011)
In re C.B.C.
2016 Ohio 916 (Ohio Court of Appeals, 2016)
In Re Smith
601 N.E.2d 45 (Ohio Court of Appeals, 1991)
In Re Brown, Unpublished Decision (6-21-2004)
2004 Ohio 3337 (Ohio Court of Appeals, 2004)
In re L.M.R.
2017 Ohio 158 (Ohio Court of Appeals, 2017)
In re Cunningham
391 N.E.2d 1034 (Ohio Supreme Court, 1979)
Seasons Coal Co. v. City of Cleveland
461 N.E.2d 1273 (Ohio Supreme Court, 1984)
In re S.S.
2023 Ohio 1663 (Ohio Court of Appeals, 2023)
In re J.H.
2025 Ohio 811 (Ohio Court of Appeals, 2025)
In re Hoffman
2002 Ohio 5368 (Ohio Supreme Court, 2002)
In re B.R.H.
2025 Ohio 5181 (Ohio Court of Appeals, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
2026 Ohio 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cap-ohioctapp-2026.