In re H.W.

2018 Ohio 523, 107 N.E.3d 82
CourtOhio Court of Appeals
DecidedFebruary 9, 2018
DocketS–17–043; S–17–046
StatusPublished
Cited by3 cases

This text of 2018 Ohio 523 (In re H.W.) 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 H.W., 2018 Ohio 523, 107 N.E.3d 82 (Ohio Ct. App. 2018).

Opinion

SINGER, J.

{¶ 1} This is an appeal from the September 13, 2017 judgment of the Sandusky County Court of Common Pleas, Juvenile Division, which terminated the parental rights of appellant, C.C., mother of H.W. ("mother"), and appellant, K.W., father of H.W. ("father"), and granted permanent custody of the child to appellee, Sandusky County Department of Job and Family Services. For the reasons that follow, we affirm the judgment.

{¶ 2} Mother and father filed separate appeals; the appeals were consolidated. Mother's appointed counsel filed a brief in accordance with Anders v. California , 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and did not set forth any potential assignments of error. Father set forth three assignments of error in his brief:

I. The trial court erred in denying appellant's request for continuance.
II. Appellant was not afforded effective assistance of counsel.
III. The trial court erred in granting permanent custody of H.W. to the Sandusky County Department of Job and Family Services as it was against the manifest weight of the evidence.

Background

{¶ 3} Mother and father, who are not married, are the parents of H.W., who was born in June 2015. Mother has given birth to a total of four children, although only H.W., the youngest child, was the subject of the permanent custody proceeding in the Sandusky County Court of Common Pleas, Juvenile Division. None of mother's three older children reside with her, as one child was placed in his dad's legal custody, another child was placed with mother's relatives and appellee was granted permanent custody of the other child.

{¶ 4} When H.W. was born, he tested positive for cocaine, opiates and marijuana. Mother was addicted to drugs, as was father. Appellee received a referral regarding H.W. due to the drugs in his system. H.W. was hospitalized for approximately one month after he was born and underwent methadone treatment to ease his withdrawal symptoms.

{¶ 5} On July 15, 2015, appellee requested and was granted temporary custody of H.W. since there was no suitable placement options for H.W. After H.W. was released from the hospital, he was placed in a foster home. Meanwhile, mother and father sought inpatient drug treatment, but by the end of July 2015, both had left the treatment facility.

{¶ 6} Mother and father visited with H.W. on August 3, 2015. Mother and father were scheduled to visit with H.W. on August 10, 2015, but had to visit the baby separately due to the couple's arguing during previous visits. Neither parent appeared for the August 10, 2015 visit, although H.W. had been transported to the agency in anticipation of the visit.

{¶ 7} On August 21, 2015 mother was arrested and jailed for nonsupport. On August 24, 2015, the adjudicatory hearing was held. Mother was transported from the jail and attended the hearing. Father did not attend the hearing. H.W. was adjudicated a neglected and dependent child. H.W. remained in appellee's temporary custody.

{¶ 8} On September 23, 2015, the dispositional hearing was held. Temporary custody of H.W. was granted to appellee and a case plan for mother and father was approved.

{¶ 9} On March 31, 2017, appellee filed its motion requesting modification of temporary custody of H.W. to permanent custody.

{¶ 10} On July 12, 2017, father requested the permanent custody hearing be continued; the request was denied.

{¶ 11} On July 13, 2017, the court held the permanent custody hearing.

{¶ 12} On September 13, 2017, the trial court issued its findings of fact, conclusions of law and judgment entry in which it granted permanent custody of H.W. to appellee.

July 13, 2017 Permanent Custody Hearing

{¶ 13} Mother and father appeared almost two hours late for the hearing. Mother left shortly after she arrived because she was under the influence of some substance. Mother's appointed counsel remained at the hearing.

{¶ 14} Father, via counsel, indicated that he desired to consent to appellee's motion for permanent custody of H.W. Father was sworn and was thoroughly advised of his rights and the consequences of consenting to the granting of appellee's motion for permanent custody of H.W. Father was questioned about his educational background, his sobriety and his ability to understand the purpose of the court hearing; father answered appropriately. Father acknowledged, among other things, that he had had been represented by counsel, he was happy with counsel, he had a chance to review the paperwork from the case with counsel and counsel satisfactorily answered all of father's questions. Father recognized he was consenting to H.W. being placed in appellee's permanent custody, and that his relationship with H.W. would end. Father indicated he was waiving his parental rights without any threats or promises by anyone. Father understood he was waiving his right to a trial where appellee would be required to prove its case. Father agreed that permanent custody was in H.W.'s best interest. Thereafter, father knowingly, intelligently and voluntarily consented to H.W.'s placement in appellee's permanent custody. The court also explained to father that appellee's plan for H.W. would be to place H.W. for adoption. Father acknowledged adoption was in H.W.'s best interest. Father and his counsel left the hearing, as father indicated to the court that father preferred for his counsel to leave.

{¶ 15} Appellee then called three witnesses to testify at the permanent custody hearing. The relevant testimony is summarized below.

Child Support Worker

{¶ 16} Cassandra Walter, who worked for Sandusky County Child Support, testified that on September 24, 2015, a child support order was issued requiring mother to pay $50 a month for H.W.'s support. On February 1, 2016, the child support order was increased to $203.60 a month. Walter stated mother never made any payments for H.W.'s support.

Caseworker Angela Wheeler

{¶ 17} Angela Wheeler, an on-going caseworker for appellee, testified to the following. She learned during a previous case where mother lost custody of another child that mother was schizophrenic. Wheeler was assigned to H.W.'s case in May of 2016, although Shelbi Meyer was the original caseworker assigned to H.W.'s case in June 2015. Wheeler received and reviewed Meyer's case file. The case file indicated mother voluntarily started inpatient drug treatment on June 18, 2015, but unsuccessfully left on July 30, 2015. Appellee took custody of H.W. on July 15, 2015. A case plan was completed for mother in August 2015, for services including alcohol and drug treatment. Mother's last visit with H.W. was on August 3, 2015. After August 2015, the only contact appellee had with mother was when mother was incarcerated. Mother completed no case plan services and was removed from case plan services in March 2016.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 Ohio 523, 107 N.E.3d 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hw-ohioctapp-2018.