[Cite as In re D.W., 2015-Ohio-3532.]
IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT HIGHLAND COUNTY
IN THE MATTER OF: : : D.W. : Case No. 15CA7 : : DECISION AND JUDGMENT ENTRY ADJUDICATED : NEGLECTED CHILD. : : RELEASED: 08/25/2015 ______________________________________________________________________ APPEARANCES:
Dennis Kirk, Hillsboro, Ohio, for Appellant.
Anneka P. Collins and Molly Bolek, Hillsboro, Ohio, for Appellee
______________________________________________________________________ Harsha, J.
{¶1} D.W. appeals the trial court’s judgment awarding Highland County
Children Services (HCCS) permanent custody of his seven-year-old biological child,
D.W., Jr.1 D.W. contends that the trial court’s decision to award HCCS permanent
custody of the child is against the manifest weight of the evidence because the
evidence fails to show that awarding HCCS permanent custody is in the child’s best
interest. However, the record contains clear and convincing evidence to support the
trial court’s decision that awarding HCCS permanent custody of the child is in the child’s
best interest. Despite being given abundant time and opportunity to demonstrate the
necessary parental commitment, D.W. failed to complete the reunification plan. He
failed to obtain adequate housing and employment. His visitation with his son was
1 It appears as though the child is named after his father, and thus should be referred to as D.W., Jr. However, the caption from the trial court record does not refer to the child as D.W., Jr. For clarification purposes, we have chosen to refer to the child D.W., Jr. Highland App. No. 15CA7 2
sporadic at best. D.W. Jr. has bonded strongly with his foster family and needs
permanency in his life. Accordingly, we overrule D.W.’s sole assignment of error and
affirm the trial court’s judgment.
I. FACTS
{¶2} The child’s mother entered into a voluntary care agreement with HCCS.
HCCS then filed a motion for emergency temporary custody of D.W., Jr., along with his
two half-siblings. HCCS asserted that none of the children’s fathers were able to
provide care for their respective children. The court granted HCCS emergency
temporary custody of the children.
{¶3} HCCS also filed an abuse, neglect, and dependency complaint concerning
D.W., Jr. and requested temporary custody. 2 The court found that the child’s mother
and D.W. abandoned him, adjudicated the child neglected, and ordered the child to
remain in HCCS’s temporary custody. The court dismissed the abuse and dependency
allegations.
{¶4} Subsequently, HCCS filed a motion to modify the disposition to permanent
custody, asserting that the mother abandoned the children and that D.W., Jr. cannot be
placed with D.W. within a reasonable period of time. The motion alleged that D.W. “has
had minimal contact with D.W.[, Jr.] since D.W.[, Jr.] was placed in the custody of the
Agency, completing only 6 visits during this period.” HCCS further stated that D.W. is
on probation, his home is unsanitary, and HCCS has concerns whether D.W. can
provide for the child’s basic needs.
2 Because the present appeal does not concern D.W., Jr.’s half-siblings, we omit any further unnecessary reference to the trial court proceedings relating to the half-siblings. Highland App. No. 15CA7 3
{¶5} In response, the trial court terminated D.W., Jr.’s mother’s parental rights
but ordered D.W., Jr. to remain in HCCS’s temporary custody so that D.W. could have
additional time to fulfill the case plan goals and to demonstrate that he can properly
provide for the child. The court also found that D.W.’s last contact with his child
occurred on November 6, 2013, and as of February 14, 2014, the date HCCS filed the
amended permanent custody motion, D.W. had abandoned his child. The court
observed that D.W. visited the child only six times since July 26, 2013, but also noted
that during those visits, they interacted appropriately. The court concluded that
although D.W.’s efforts “have been minimal[,] he has shown an interest in reunifying
with [the child].” The court thus ordered the child to remain in HCCS’s temporary
custody until June 21, 2014.
{¶6} Before that order expired HCCS filed a motion to extend the temporary
custody order for an additional six months, asserting that D.W. “has made significant
progress on his case plan,” but he “has not successfully completed the case plan
objectives.” The court extended temporary custody through January 21, 2015. The
court further found “by agreement of the parties and by clear and convincing evidence
that [HCCS] has made reasonable efforts to prevent the continued removal of the child[]
from the home and to make it possible for the child to safely return home. The
permanency plan is reunification with [D.W.], and [HCCS] has made reasonable efforts
to finalize the permanency plan for [the child. HCCS] is providing case planning
services to both [D.W.] and [the child] to address the underlying concerns in the case,
as outlined by the case plan filed May 28, 2014.” Highland App. No. 15CA7 4
{¶7} However, HCCS subsequently filed another motion seeking permanent
custody of D.W., Jr., asserting that the child had been in its temporary custody for more
than twelve out of the past twenty-two months and that permanent custody is in the
child’s best interest.
{¶8} At the permanent custody hearing HCCS caseworker Hannah Larrick
stated that the case plan required D.W. to comply with probation, complete a full
psychological assessment and follow any treatment recommendations, participate in
individual counseling and follow any recommendations, secure safe, stable housing and
maintain it for six months, and demonstrate that he can provide for child’s basic needs.
{¶9} HCCS caseworker Melissa Wheaton testified that D.W. attended thirteen
out of seventy-one available visits with the child. She explained that D.W. did not have
any visits with the child during the following time periods: (1) May 31, 2013 to July 26,
2013; (2) July 26, 2013 to September 4, 2013; (3) November 6, 2013 to April 3, 2014;
(4) April 30, 2014 to July 16, 2014; (5) July 16, 2014 to December 3, 2014; and (6)
December 3, 2014 until the date of the permanent custody hearing.
{¶10} The child’s foster mother stated that the child has continuously been in her
home since removed from his mother’s care on May 31, 2013. She testified that the
child lives in her home with his two half-siblings and that she does not believe “that they
could live without each other.” The foster mother further stated that if the court awards
HCCS permanent custody of D.W., Jr., she intends to adopt D.W., Jr. and his half-
siblings.
{¶11} HCCS caseworker Donna Bourne testified that in November 2014, she
met with D.W. to discuss his case plan progress. She stated that D.W. did not have Highland App. No. 15CA7 5
independent, permanent housing, but instead, lived with a friend. Bourne also indicated
that D.W. had not completed a full psychological assessment. She additionally related
that appellant admitted he had not seen the child since the summer, but D.W. explained
that he had transportation issues and lacked a driver’s license. Bourne stated that while
speaking with D.W., he seemed to easily lose track of his thoughts, had trouble
remembering things, and quickly became emotional. She further testified that D.W.
appeared to look at his friend for answers before he would answers questions that she
asked.
{¶12} Bourne stated that she met with D.W. again on January 26, 2015 to review
his case plan progress. Bourne indicated that D.W. had completed a mental health
assessment, but he did not complete a psychological evaluation. She testified that
D.W. had an appointment scheduled on February 11 to discuss his housing options.
{¶13} During closing arguments the guardian ad litem recommended that the
court award HCCS permanent custody of the child, primarily due to the bond he shares
with his half-brothers. The guardian ad litem asserted that the children should remain
together and that it is not in the child’s best interest to be separated from his half-
brothers. The guardian ad litem stated that the child is “strongly bonded” with his half-
brothers and “very attached to his foster parents.” The guardian ad litem further
expressed concerns regarding D.W.’s ability to provide proper care for the child and
does not believe that D.W. “can overcome the obstacles that he needs to overcome to
be able to defeat the motion for permanent custody.”
{¶14} The court terminated D.W.’s parental rights and awarded HCCS
permanent custody. The court found that (1) the child has been in HCCS’s temporary Highland App. No. 15CA7 6
custody for more than twelve of the past twenty-two months, (2) the child “is extremely
bonded with his [half]-siblings in their current foster home,” (3) the foster parents intend
to adopt the child if permanent custody is granted to HCCS, (4) the child “has expressed
his desire to remain with his [half]-siblings in the * * * foster home,” and (5) D.W.’s
contact has been infrequent but appropriate. The court observed that although D.W.
claimed transportation difficulties prevented him from visiting with the child more
frequently, he “was able to travel monthly to Clinton County, Ohio * * * to meet with his
Probation Officer with very few exceptions.” The court further noted that approximately
one year earlier, it overruled HCCS’s motion to permanently terminate D.W.’s rights in
order to allow him a chance to reunify with the child. The court found that since that
time, D.W. “has elected not to obtain permanent housing or income which would enable
him to care for and parent D.W. He has not taken the steps necessary to lift the
suspension of his drivers [sic] license which is arguably necessary to transport [the
child] to his frequent doctor and speech therapy appointments.” The court determined
that it is in the child’s best interest to terminate D.W.’s parental rights and to place the
child in HCCS’s permanent custody.
II. ASSIGNMENT OF ERROR
{¶15} D.W. raises one assignment of error:
“The trial court erred in finding that permanent custody was in the best interests of the child. The court’s best interest analysis was against the manifest weight of the evidence.”
III. ANALYSIS
{¶16} In his sole assignment of error, D.W. asserts that the trial court’s decision
to award HCCS permanent custody is against the manifest weight of the evidence Highland App. No. 15CA7 7
because the evidence fails to clearly and convincingly show that awarding HCCS
permanent custody is in the child’s best interest.
A. STANDARD OF REVIEW
{¶17} “A reviewing court generally will not disturb a trial court’s permanent
custody decision unless the decision is against the manifest weight of the evidence.” In
re R.S., 4th Dist. Highland No. 13CA22, 2013–Ohio–5569, ¶29; accord In re J.V.-M.P.,
4th Dist. Washington No. 13CA37, 2014–Ohio–486, ¶11. To determine whether a
permanent custody decision is against the manifest weight of the evidence, an appellate
court must weigh the evidence and all reasonable inferences, consider the credibility of
the witnesses, and determine whether in resolving evidentiary conflicts, the trial court
clearly lost its way and created such a manifest miscarriage of justice that the judgment
must be reversed and a new trial ordered. R.S. at ¶30, citing Eastley v. Volkman, 132
Ohio St.3d 328, 2012–Ohio–2179, 972 N.E.2d 517, ¶20. In reviewing the evidence
under this standard, we must defer to the trial court’s credibility determinations because
of the presumption in favor of the finder of fact. Id. at ¶33, citing Eastley at ¶21.
Deferring to the trial court on matters of credibility is “crucial in a child custody case,
where there may be much evident in the parties’ demeanor and attitude that does not
translate to the record well.” Davis v. Flickinger, 77 Ohio St.3d 415, 419, 674 N.E.2d
1159 (1997); accord In re Christian, 4th Dist. Athens No. 04CA10, 2004–Ohio–3146, ¶7.
As the Ohio Supreme Court explained long-ago: “In proceedings involving the custody
and welfare of children the power of the trial court to exercise discretion is peculiarly
important. The knowledge obtained through contact with and observation of the parties
and through independent investigation cannot be conveyed to a reviewing court by Highland App. No. 15CA7 8
printed record.” Trickey v. Trickey, 158 Ohio St. 9, 13, 106 N.E.2d 772 (1952).
Furthermore, unlike an ordinary civil proceeding in which a jury has no contact with the
parties before a trial, in a permanent custody case a trial court judge may have
significant contact with the parties before permanent custody is even requested. In re
R.S. at ¶34. In such a situation it is not unreasonable to presume that the trial court
judge had far more opportunities to evaluate the credibility, demeanor, attitude, etc., of
the parties than this court ever could from a mere reading of the permanent custody
hearing transcript. Id.
{¶18} In a permanent custody case, the dispositive issue on appeal is “whether
the juvenile court’s findings * * * were supported by clear and convincing evidence.” In
re K.H., 119 Ohio St.3d 538, 2008–Ohio–4825, 895 N.E.2d 809, ¶ 43; accord R .C.
2151.414(B)(1). “Clear and convincing evidence” is “that measure or degree of proof
which is more than a mere ‘preponderance of the evidence,’ but not to the extent of
such certainty as is required ‘beyond a reasonable doubt’ in criminal cases, and which
will produce in the mind of the trier of facts a firm belief or conviction as to the facts
sought to be established.” Cross v. Ledford, 161 Ohio St.469, 120 N.E.2d 118 (1954),
paragraph three of the syllabus; State ex rel. Miller v. Ohio State Hwy. Patrol, 136 Ohio
St.3d 350, 2013–Ohio–3720, 995 N.E.2d 1175, ¶14. “[I]f the children services agency
presented competent and credible evidence upon which the trier of fact reasonably
could have formed a firm belief that permanent custody is warranted, then the court’s
decision is not against the manifest weight of the evidence.” In re R.M., --- Ohio App.3d
---, 2013–Ohio–3588, 997 N.E.2d 169, ¶55 (4th Dist.). The essential question we must
resolve when reviewing a permanent custody decision under the manifest weight of the Highland App. No. 15CA7 9
evidence standard is whether the amount of competent, credible evidence presented at
trial produced in court’s mind a firm belief or conviction that permanent custody was
warranted. In re J.H., 4th Dist. Hocking No. 14CA4, 2014-Ohio-3108, ¶14.
B. PERMANENT CUSTODY PRINCIPLES
{¶19} A parent has a “fundamental liberty interest” in the care, custody, and
management of his or her child and an “essential” and “basic civil right” to raise his or
her children. Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed .2d 599
(1982); In re Murray, 52 Ohio St.3d 155, 156, 556 N.E.2d 1169 (1990); accord In re
D.A., 113 Ohio St.3d 88, 2007–Ohio–1105, 862 N.E.2d 829. A parent’s rights, however,
are not absolute. D.A. at ¶11. Rather, “‘it is plain that the natural rights of a parent * * *
are always subject to the ultimate welfare of the child, which is the pole star or
controlling principle to be observed.’” In re Cunningham, 59 Ohio St.2d 100, 106, 391
N.E.2d 1034 (1979), quoting In re R.J.C., 300 So.2d 54, 58 (Fla.App.1974). Thus, the
state may terminate parental rights when a child’s best interest demands such
termination. D.A . at ¶11.
C. PERMANENT CUSTODY FRAMEWORK
{¶20} R.C. 2151.414(B)(1) permits a trial court to grant permanent custody of a
child to a children services agency if the court determines by clear and convincing
evidence that the child’s best interest would be served by the award of permanent
custody and that:
(a) The child is not abandoned or orphaned or has not been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999, and 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. Highland App. No. 15CA7 10
(b) The child is abandoned. (c) The child is orphaned, and there are no relatives of the child who are able to take permanent custody. (d) The child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999. (e) The child or another child in custody of the parent or parents from whose custody the child has been removed has been adjudicated an abused, neglected, or dependent child on three separate occasions by any court in this state or another state.
{¶21} Thus, before a trial court may award a children services agency
permanent custody it must find (1) that one of the circumstances described in R.C.
2151.414(B)(1) applies, and (2) that awarding the children services agency permanent
custody would further the child's best interest. Here, the court found that R.C.
2151.414(B)(1)(d) applied, and D.W. does not challenge this finding. Thus, we do not
address it.
D. BEST INTEREST
{¶22} “In a best-interests analysis under R.C. 2151.414(D), a court must
consider ‘all relevant factors,’ including five enumerated statutory factors * * *. No one
element is given greater weight or heightened significance.” In re C.F., 113 Ohio St.3d
73, 2007–Ohio–1104, 862 N.E.2d 816, ¶57, citing In re Schaefer, 111 Ohio St.3d 498,
2006–Ohio–5513, 857 N.E.2d 532, ¶56. The five enumerated factors include: (1) the
child’s interaction and interrelationship with the child’s parents, siblings, relatives, foster
parents and out-of-home providers, and any other person who may significantly affect
the child; (2) the child’s wishes, as expressed directly by the child or through the child’s
guardian ad litem, with due regard for the child’s maturity; (3) the child’s custodial
history; (4) the child’s need for a legally secure permanent placement and whether that Highland App. No. 15CA7 11
type of placement can be achieved without a grant of permanent custody to the agency;
and (5) whether any factors listed under R.C. 2151.414(E)(7) to (11) apply. In this case,
D.W. challenges the court’s findings regarding the child’s interactions and
interrelationships, the child’s wishes, and the child’s need for a legally secure
permanent placement.
{¶23} The record contains clear and convincing evidence to support the trial
court’s best interest determination. The evidence shows that the child shares a
substantial bond with his half-brothers and foster family. Although D.W. may claim that
he shares a strong relationship with the child, he has not shown a fervent desire to
continuously visit with the child. D.W.’s interaction with his child may have been
appropriate when it occurred, but it was minimal in frequency. Several lengthy time
periods elapsed when D.W. did not visit the child at all, and the trial court even made a
finding that D.W. abandoned the child due to his extended periods of absence from the
child’s life. We have no doubt that D.W. loves his child and wishes to have custody of
him, but D.W. did not show that he is willing to maintain the continuous relationship and
interaction necessary in any parent-child relationship. Without a commitment to
continuous interaction and relationship with the child, we fail to see how D.W. could
forge a bond with the child that is at least as substantial as the one the child shares with
his half-brothers and the foster family. Even if D.W.’s lack of visiting with the child
resulted from transportation difficulties, the trial court noted that D.W. apparently had no
issue arranging transportation in order to meet with his probation officer, which the court
found required D.W. to travel approximately the same distance he would have to travel Highland App. No. 15CA7 12
to visit with the child. The court thus could justifiably discredit D.W.’s claimed
transportation difficulties.
{¶24} D.W. appears to blame HCCS for failing to help him with transportation,
thus implying that HCCS failed to use reasonable efforts. However, the trial court
entered reasonable efforts findings earlier in the case and specifically noted that its
finding was based upon the agreement of all parties to the case. See In re C.F. at ¶43
(concluding that even though R.C. 2151.419(A)(1) does not require a reasonable efforts
finding when a court considers a permanent custody motion filed under R.C. 2151.413,
“the state must still make reasonable efforts to reunify the family during the child-
custody proceedings prior to the termination of parental rights” and “[i]f the agency has
not established that reasonable efforts have been made prior to the hearing on a motion
for permanent custody, then it must demonstrate such efforts at that time.”). On August
22, 2014, the court entered a specific finding that HCCS used reasonable efforts. The
court found that “by agreement of the parties and by clear and convincing evidence * * *
[HCCS] has made reasonable efforts to prevent the continued removal of the child[]
from the home and to make it possible for the child to safely return home. The
permanency plan is reunification with [D.W.] , and [HCCS] has made reasonable efforts
to finalize the permanency plan for [the child. HCCS] is providing case planning
services to both [D.W.] and [the child] to address the underlying concerns in this case,
as outlined by the case plan filed May 28, 2014.” When the court entered this
reasonable efforts finding, D.W. did not complain that HCCS failed to address any
alleged transportation issues, even though he was obviously well-aware by August 2014
of the number of visits with the child that he did not attend. Furthermore, at the Highland App. No. 15CA7 13
permanent custody hearing, one of HCCS’s caseworkers testified that she discussed
D.W.’s transportation issues with him and advised him of public transit options. Another
HCCS caseworker stated that he also talked to D.W. about his transportation issues,
but D.W. “seemed pretty confident that he could find rides.” This caseworker also
discussed scheduling visits on dates when D.W. would be meeting with his probation
officer, which apparently would have been more convenient for D.W. Thus, the record
shows that HCCS was aware of D.W.’s alleged transportation issues and offered
solutions. But D.W. did not avail himself of any of those solutions.
{¶25} D.W. additionally argues that the record fails to contain any evidence
regarding the child’s wishes. However, the trial court indicated that it reviewed the
guardian ad litem’s report, which stated that the child wants to remain living with his
half-brothers and foster family. R.C. 2151.414(D)(1)(b) “unambiguously gives the trial
court the choice of considering the child’s wishes directly from the child or through the
guardian ad litem.” In re C.F. at ¶5. Moreover, the guardian ad litem provided a closing
argument to the court and reiterated that the child should remain with the foster family
and his half-brothers. Consequently, we disagree with D.W. that the record fails to
contain evidence regarding the child’s wishes.
{¶26} Furthermore, to the extent D.W. claims that the trial court should have
interviewed the child, D.W. never requested the trial court to conduct an in camera
interview of the child. Thus, appellant failed to preserve this issue for appellate review.
In re S.M., 4th Dist. Highland No. 14CA4, 2014-Ohio-2961, ¶33, citing In re M.C., 9th
Dist. Summit No. 24797, 2009–Ohio–5544, ¶36 (determining that parent’s argument
trial court erred by failing to consider child’s direct wishes lacked merit when parent “did Highland App. No. 15CA7 14
not request that his child testify at the hearing, nor did he ask the trial judge to conduct
an in camera interview of the child”).
{¶27} D.W. also argues that the evidence fails to support a finding that the child
needs a legally secure permanent placement that cannot be achieved without granting
HCCS permanent custody. D.W. contends that he could provide the child with a legally
secure permanent placement. The record contains evidence to the contrary. The
evidence shows that D.W. was aware by the middle to latter part of 2013 that the child
needed a legally secure permanent placement. The 2013 case plan required D.W. to
obtain safe and stable housing. When the court denied HCCS’s initial permanent
custody motion D.W. again was made aware of the case plan requirement to obtain
safe and stable housing, and the court afforded D.W. additional time to obtain safe and
stable housing. The court gave D.W. ample opportunity to prove that he is willing to
provide the child with a safe and stable home. As of the date of the permanent custody
hearing, D.W. had yet to obtain a safe and permanent home. Instead, he remained
living in a friend’s home.
{¶28} D.W. attempts to blame HCCS for its alleged lack of efforts assisting him
in locating safe and stable housing. However, the trial court previously found that
HCCS used reasonable efforts, and, during the trial court proceedings, D.W. never
raised any concern that HCCS failed to employ reasonable efforts to help him fulfill the
case plan goals. Additionally, the focus when a court considers a permanent custody
motion under R.C. 2151.414 is not upon the children services agency’s actions or
inactions. R.C. 2151.414(C) (“The court shall not deny an agency’s motion for
permanent custody solely because the agency failed to implement any particular aspect Highland App. No. 15CA7 15
of the child’s case plan.”). Instead, the focus is upon the child’s best interest. In re
A.A., 4th Dist. Athens No. 14CA38, 14CA39, and 14CA40, 2015-Ohio-1962, ¶60, citing
D.A., supra, 2007–Ohio–1105, ¶ 1. (“Once the case reaches the disposition phase, the
best interest of the child controls.”). Moreover, as this court frequently recognizes:
“‘“ * * * [A] child should not have to endure the inevitable to its great detriment and harm in order to give the * * * [parent] an opportunity to prove her suitability. To anticipate the future, however, is at most, a difficult basis for a judicial determination. The child’s present condition and environment is the subject for decision not the expected or anticipated behavior of unsuitability or unfitness of the * * * [parent]. * * * The law does not require the court to experiment with the child’s welfare to see if he will suffer great detriment or harm.”’”
{¶29} W.C.J. at ¶48, quoting In re Bishop, 36 Ohio App.3d 123, 126, 521 N.E.2d
838 (5th Dist.1987), quoting In re East, 32 Ohio Misc. 65, 69, 288 N.E.2d 343, 346
(1972).
{¶30} While D.W. may have made some steps to obtain a permanent home by
the date of the permanent custody hearing, he did not show why he had been unable to
do so during the previous year and one-half that the case had been pending. The court
could have determined that D.W.’s actions were far too little, far too late and
demonstrated that he would not be able to provide the child with a legally secure
permanent placement. No evidence exists that the child has a viable legally secure
permanent placement outside HCCS’s custody.
{¶31} Here, in March 2014, the court denied HCCS’s request for permanent
custody of D.W., Jr. in order to give D.W. additional time to complete the case plan
goals, including obtaining safe and stable housing. By February 2015, D.W. had failed
to obtain suitable housing. The court was not obligated to provide D.W. with yet another
opportunity to show that he could obtain suitable housing. Thus, clear and convincing Highland App. No. 15CA7 16
evidence supports a finding that the child needs a legally secure permanent placement
and that this placement cannot be achieved without granting HCCS permanent custody.
The record supports the trial court’s finding that awarding HCCS is in the child’s best
interest. Thus, its decision is not against the manifest weight of the evidence.
Accordingly, we overrule D.W.’s sole assignment of error and affirm the trial court’s
judgment.
JUDGMENT AFFIRMED. Highland App. No. 15CA7 17
JUDGMENT ENTRY
It is ordered that the JUDGMENT IS AFFIRMED and that Appellant shall pay the costs.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Highland County Common Pleas Juvenile Court to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Abele, J. & McFarland, J.: Concur in Judgment and Opinion.
For the Court
BY: ________________________________ William H. Harsha, Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.