In re C.L.

2025 Ohio 2078
CourtOhio Court of Appeals
DecidedJune 12, 2025
Docket23AP-607
StatusPublished

This text of 2025 Ohio 2078 (In re C.L.) 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.L., 2025 Ohio 2078 (Ohio Ct. App. 2025).

Opinion

[Cite as In re C.L., 2025-Ohio-2078.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

In the Matter of: : No. 23AP-607 C.L., : (C.P.C. No. 21JU-9672)

[H.L., Mother, : (REGULAR CALENDAR)

Appellant]. :

D E C I S I O N

Rendered on June 12, 2025

On brief: Mitchell A. Williams, Public Defender, and Timothy E. Pierce, for appellant.

On brief: Robert J. McClaren, Sharon Carney, and Erin L. Burton, for appellee.

APPEAL from the Franklin County Court of Common Pleas Division of Domestic Relations and Juvenile Branch

JAMISON, P.J. {¶ 1} Appellant, H.L., mother of the minor child, C.L., appeals the decision of the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, granting permanent custody of C.L. to Franklin County Children Services (“FCCS”), a public children services agency. For the reasons below, we affirm. I. FACTS AND PROCEDURAL HISTORY {¶ 2} C.L. was born on December 26, 2020. C.L.’s biological father is unknown. At the time of C.L.’s birth, H.L. tested positive for cocaine. H.L. reported that she was selling cocaine. She stated she handled the cocaine without gloves and tested the cocaine by putting it on the tip of her tongue. {¶ 3} On January 5, 2021, H.L. signed a voluntary custody agreement with FCCS. H.L. reported that she was still selling cocaine and testing her product. C.L. was placed No. 23AP-607 2

with A.L., H.L.’s adult daughter. On January 19, 2021, H.L. again tested positive for cocaine. FCCS learned on January 22, 2021, that H.L. and A.L. were not abiding by the voluntary custody agreement. It was alleged that C.L. had been staying with H.L. Furthermore, C.L.’s basic needs were not being met and she was not gaining weight appropriately. C.L. was removed from A.L.’s care in April of 2021 and placed into foster care. She was moved to her present foster care home in July of 2021. {¶ 4} On October 4, 2021, FCCS filed a complaint alleging that C.L. was a dependent child. The complaint summarized H.L.’s extensive history with FCCS regarding her other children, including one child that was in FCCS’s permanent custody. It also alleged that H.L.’s whereabouts were unknown. The complaint detailed C.L.’s progress in her foster home and H.L.’s lack of progress on her case plan. The complaint sought an order of temporary custody to FCCS. {¶ 5} Following a preliminary hearing on October 5, 2021, C.L. was placed in the interim temporary custody of FCCS. Visits with the child were ordered to be supervised. H.L. was ordered to submit to random drug screens and obtain an alcohol/drug assessment. {¶ 6} An adjudication hearing was held on November 23, 2021. H.L. did not appear for the hearing. The magistrate found C.L. to be a dependent child and committed her to the temporary custody of FCCS. The magistrate also approved and adopted the case plan. {¶ 7} On January 24, 2022, FCCS filed a motion for the court to issue an order granting FCCS permanent custody of C.L. In its motion, FCCS alleged, pursuant to R.C. 2151.414(B)(1)(a), that the child cannot be placed with either of the child’s parents within a reasonable time or should not be placed with the child’s parents. {¶ 8} On May 19, 2022, C.L.’s Guardian ad Litem (“GAL”) filed a report recommending that FCCS be granted permanent custody of the child. However, in July of 2022, the current GAL withdrew, and a new GAL was appointed. On September 13, 2022, November 21, 2022, and March 13, 2023, the new GAL filed reports recommending that C.L. remain in the temporary custody of FCCS. {¶ 9} On June 27, 2023, a visiting judge was appointed to preside over the proceedings in this matter. No. 23AP-607 3

{¶ 10} The new GAL filed a report on August 14, 2023, recommending that C.L. be placed in the permanent custody of FCCS. {¶ 11} A hearing on FCCS’s motion for permanent custody was held on August 21, 2023. H.L. did not appear for the hearing. Prior to the hearing, her last contact with her attorney was an email on March 6, 2023. Her last contact with the GAL was a text message on May 30, 2023. {¶ 12} FCCS presented the testimony of three witnesses. {¶ 13} Casey Barrett testified that she was the FCCS caseworker for C.L. from September of 2022 until August 7, 2023. Barrett testified that the child tested positive for cocaine at birth. FCCS opened a voluntary case with H.L., and she agreed to a safety plan. H.L. agreed to give FCCS custody of C.L. on January 5, 2021. FCCS obtained temporary custody through the court on February 2, 2021. After that, C.L. remained in FCCS’s temporary custody until the date of the hearing on FCCS’s permanent custody motion. {¶ 14} The same case plan was in place throughout the pendency of this matter. As part of that case plan, H.L. was required to 1) submit to random drug screens, 2) obtain a mental health assessment, 3) obtain an alcohol and drug assessment, 4) follow all recommendations of the assessments, 5) visit with C.L., 6) have a legal source of income and provide proof to FCCS, 7) complete a parent mentoring course, and 8) submit to a psychological evaluation. After November of 2022, despite efforts to contact H.L., Barrett had no contact with H.L. except for a few emails in December of 2022. H.L.’s last visit with C.L. was March 10, 2022, and her visitation prior to that was inconsistent. There was no evidence that H.L. completed an alcohol and drug assessment or that she submitted to random drug screens. H.L. did not complete a parent mentoring course. FCCS was not provided any evidence that H.L. had a legal source of income. There was no evidence that H.L. completed a psychological evaluation. As of June 2023, the last known address for H.L. was an extended stay hotel, but at the time of the hearing, FCCS was unable to confirm where she was living. H.L. never participated in any semi-annual reviews. {¶ 15} Barrett testified that C.L.’s current foster parent indicated that she was willing to adopt C.L. Barrett visited C.L. in her foster home twice per month and C.L. appeared very bonded with her foster mother. C.L. has diagnoses of Autism and global developmental delays. She is non-verbal. She requires substantial daily care, including No. 23AP-607 4

frequent medical appointments. C.L.’s foster mother ensures that her basic and special needs are met. Barrett testified that no other family members have come forward interested in caring for C.L. {¶ 16} C.L.’s ongoing FCCS caseworker, Jessica Crist, testified that she became C.L.’s caseworker on August 14, 2023. At the time of the hearing, she had not had any contact with H.L. She did not have a good address for H.L. and there was no alleged father for C.L. To her knowledge, H.L. had not participated in any of C.L.’s therapies or medical appointments and had not made progress on her case plan. {¶ 17} Taylor Sharkey, C.L.’s GAL, also testified. She was C.L.’s second GAL and was appointed on July 26, 2022. Sharkey had sporadic contact with H.L. Sharkey’s last visit with H.L. was January 18, 2023. Sharkey believed that she had a good phone number for H.L. because H.L. responded to a text message in May of 2023. Sharkey’s last visit was at H.L.’s residence on East 26th Avenue. At the time, two younger children and two adult children were living at the house. Sharkey indicated that even though there were younger children in H.L.’s home at the last visit, Sharkey still believed permanent custody to FCCS to be in C.L.’s best interest because of C.L.’s severe special needs. Sharkey also had concern for H.L.’s lack of progress on her case plan, especially regarding her mental health. Additionally, Sharkey was unable to assess her current living situation because H.L. was no longer living in the house on East 26th Avenue. {¶ 18} Sharkey observed C.L. in her foster home. C.L. was very attached to her foster mother. The foster mother had a special way of calming C.L.

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cl-ohioctapp-2025.