In re J.S.

2025 Ohio 17
Ohio Court of Appeals·Decided January 2, 2025·No. L-24-1131·Published·Cited by 1 cases

Opinion

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT

LUCAS COUNTY

In re J.S. Court of Appeals No. L-24-1131 Trial Court No. JC23294247 DECISION AND JUDGMENT

Decided: January 2, 2025

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Janna E. Waltz, for appellee.

Ashleigh Root-Morgan, for appellant.

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MAYLE, J.

{¶ 1} The appellant, T.H. (“mother”) appeals the May 21, 2024 judgment of the

Lucas County Court of Common Pleas, Juvenile Division terminating her parental rights and granting permanent custody of J.S. to Lucas County Children Services (“LCCS”), the appellee herein. For the following reasons, we affirm.

I. Background

A. The Family’s Involvement with LCCS

{¶ 2} LCCS has worked with mother since 2010, when she was a juvenile and in foster-care. The record in this case includes evidence establishing that LCCS was awarded permanent custody of mother and that mother’s case plan included services for mental health and substance abuse, probation compliance, and independent living services. (case No. JC10204346).

{¶ 3} Mother has four children, all of whom have been removed from her care, at different times. The juvenile court awarded legal custody of Child No. 1, born in 2013, to the child’s maternal grandfather in early 2015. (case No. JC132366802). Later that same year, mother gave birth to Child 2, and legal custody of that child was awarded to a “free-home” in 2017. (case No. JC16255315). Mother’s third child, J.S., who is the child at issue in this case, was born on December 22, 2017. (case No. JC17266402). Child 4 was born in 2024 and is the subject of a separate case with LCCS.

{¶ 4} J.S.’s father is Jas.S. (“father”). We address his involvement in this case below.

{¶ 5} On April 27, 2023, when J.S. was six-years old, LCCS filed a complaint in permanent custody, alleging that she was dependent and neglected. (LCCS case No. 23294247). In the complaint, LCCS alleged that J.S. was removed from mother’s home in 2017, shortly after her birth, due to concerns for substance abuse, domestic violence, mental health and housing. J.S. was placed with her paternal grandmother, V.S. (“grandmother”). Mother and father were offered case planning services but failed to complete them, and legal custody was formally awarded to grandmother in 2019.

{¶ 6} The event triggering LCCS’s reinvolvement, in April of 2023, was a referral from J.S.’s paternal aunt. According to the record, the aunt “brought [J.S.] to the agency stating that. . . grandmother was no longer able to care for [J.S.] due to her own medical needs [and] that there were no other relatives willing to care for [J.S.] or to step up to help.” The aunt also reported that J.S. has behavioral issues and is not potty-trained. According to the complaint, “the parents have had no contact with [J.S.] in approximately 2 to 3 years.”

{¶ 7} When J.S. was “brought” to LCCS, the agency reviewed records from the previous cases and spoke with mother. According to the caseworker, Kara Grabowski, the agency had the same “concerns” as before, i.e. that mother continued to struggle with her mental health, substance abuse, domestic violence, and housing. And, by then, mother had also failed to complete case planning in three prior cases (including when J.S. was removed in 2017). As for father, the complaint alleged that his whereabout were unknown, and that he had been charged with felony domestic violence and burglary in 2021. For all of these reasons, when the agency filed its complaint in dependency and neglect on April 27, 2023, it filed for “original permanent custody.” Following a shelter care hearing, the juvenile court awarded LCCS interim temporary custody of J.S. and appointed Robin Fuller to serve as guardian ad litem (“GAL”).

{¶ 8} An adjudicatory hearing was held on July 12, 2023. The purpose of an adjudicatory hearing is “to determine whether a child is * * * abused, neglected, or dependent or is otherwise within the jurisdiction of the court.” Juv.R. 2(B). Mother attended the hearing and was represented by counsel. Mother stipulated to a finding of dependency but asked that the complaint be modified to note her disagreement as to some of the factual allegations. Pursuant to the parties’ stipulation, the court found that J.S. was dependent and that father’s whereabouts remained unknown.

{¶ 9} At a hearing later that month, LCCS moved to modify its request, from permanent custody to temporary custody with a goal of reunification with mother. LCCS modified its request because—in the intervening weeks since adjudication—mother had “agreed to case plan services.” The parties stipulated that LCCS would take temporary custody of J.S. and that mother’s case plan would include services for parenting, domestic violence, anger management, housing, and employment. The trial court adopted the case plan as an order of the court.

B. A trial is held on LCCS’s motion for permanent custody.

{¶ 10} On January 31, 2024, after six months of case-planning, LCCS reversed course and filed a motion for permanent custody of J.S. A trial on the agency’s motion was held on May 8, 2024. At the outset, father’s counsel requested to withdraw from the case, which the court granted, on the basis that father did not appear for trial and had not responded to counsel’s communications for months. Because father did not appeal the trial court’s judgment, we limit our discussion to the issues relative to mother.

{¶ 11} Two witnesses testified at trial: the LCCS ongoing caseworker, Kara Grabowski, and the guardian ad litem, Robin Fuller. A summary of their testimony is set forth below.

The caseworker

{¶ 12} First, Grabowski testified about mother’s history of case-planning.

Grabowski confirmed that, in the case involving Child 1, mother was offered services for substance abuse, mental health, domestic violence (batterers and victims), and housing, and that mother did not complete her case plan. The agency had similar “concerns” in the case involving Child 2, and again, mother did not complete case planning. Mother and father were offered services in 2017, after J.S. was born, but neither completed case planning before grandmother was awarded legal custody.

{¶ 13} When the case was reopened in 2023, mother’s case plan required her to complete a dual assessment to assess her mental health and substance abuse. She was also offered services for domestic violence and “potentially” a parenting class and housing.

{¶ 14} Mother completed a dual assessment in October of 2023 at Ohio Guidestone but “without a referral” from LCCS, meaning that it was based solely upon mother’s “self-report[ing]” and without any input or records from LCCS. Grabowski testified that she “made it clear” to mother that she “needed to know where [mother] wanted to go and have a release signed prior to the appointment.” Although the two had “talked about. . . going,” mother never confirmed with Grabowski “when or if she was actually going to [go]” and did not make Grabowski “aware” that she had scheduled the appointment. Mother also failed to provide a release.

{¶ 15} In any event, following the evaluation at Ohio Guidestone, mother was diagnosed with “severe stress with other mental health disorder” and with cannabis use. The provider recommended that mother engage in mental health therapies and an intensive outpatient program (“IOP”) for her cannabis use. Mother did neither.

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