[Cite as In re K.C., 2012-Ohio-4.]
COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT
IN THE MATTER OF: JUDGES: Hon. William B. Hoffman, P.J. K.C. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.
Case No. 11CA000021
OPINION
CHARACTER OF PROCEEDING: Appeal from the Guernsey County Court of Common Pleas, Juvenile Division, Case No. 11JC00225
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: January 3, 2012
APPEARANCES:
For Appellant For Appellee
CHARLES E. MCKNIGHT AMBER D. WOOTTON 121 West Eight St. Assistant Prosecuting Attorney Cambridge, Ohio 43725 139 W. 8th St. Cambridge, Ohio 43725 Guernsey County, Case No. 11CA000021 2
Hoffman, P.J.
(¶1) Appellant James Cummings (“Father”) appeals the June 21, 2011 Journal
Entry entered by the Guernsey County Court of Common Pleas, Juvenile Division,
which adjudicated his minor daughter to be a dependent child and granted temporary
custody of the child to Appellee Guernsey County Children Services Board (“GCCSB”).
STATEMENT OF THE FACTS AND CASE
(¶2) K.C. (d.o.b. 6/6/97) is the biological daughter of Father and Heather Dawn
McMillan (“Mother”).1 The trial court issued an ex-parte order placing K.C. in the
temporary custody of GCCSB on April 11, 2011. On the same day, GCCSB filed a
Complaint, alleging K.C. was a neglected/dependent child.
(¶3) The trial court conducted an adjudicatory hearing on June 13, 2011. Roy
Higgins, an intake caseworker with GCCSB, testified as to the Agency’s involvement
with the family.
(¶4) In November, 2010, GCCSB received a report Father and K.C. had had a
physical altercation. K.C. did not have any visible injuries, but her story raised
significant concerns regarding the home. Father denied K.C.’s allegations, but verbally
agreed to let the child stay with Nancy Wells, a longtime family friend and approved
foster parent, on a safety plan. Father would not sign the safety plan. Father refused
all services and the case was subsequently closed. K.C. returned to Father’s home
sometime around Christmas, 2010.
(¶5) In March, 2011, GCCSB received a report regarding a physical altercation
between Father and K.C. K.C. alleged numerous drug addicts/dealers were coming
1 Mother is not a party to this Appeal. Guernsey County, Case No. 11CA000021 3
and going from the home on a regular basis. Father agreed to a safety plan allowing
K.C. to stay with Nancy Wells. Father met with GCCSB workers on two occasions to
discuss available services. Father was not willing to work with GCCSB for voluntary
ongoing services. Father denied using drugs, but refused to submit to a drug screen.
Father was advised a refusal to a drug screen was considered a positive test result.
(¶6) GCCSB received information an individual by the name of Paul Hackman
was living in Father’s home, and Father was using and selling drugs.
(¶7) Father did not present any witnesses on his behalf. The trial court found
GCCSB presented clear and convincing evidence to establish K.C. was a dependent
child. The trial court scheduled the matter for dispositional hearing on July 6, 2011.
(¶8) Via Journal Entry filed June 21, 2011, the trial court memorialized its
finding. The trial court ordered K.C. remain in the temporary emergency custody of
GCCSB.
(¶9) It is from this journal entry Father appeals, raising as error:
(¶10) “I. THE TRIAL COURT ABUSED ITS DISCRETION IN MAKING THE
FOLLOWING FINDING OF FACTS, AND THE FINDINGS WERE AGAINST THE
MANIFEST WEIGHT OF THE EVIDENCE:
(¶11) “II. THE TRIAL COURT’S DECISION ADJUDICATING THE CHILD TO BE
DEPENDENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND AN
ABUSE OF DISCRETION.” Guernsey County, Case No. 11CA000021 4
I
(¶12) In his first assignment of error, Father maintains the trial court abused its
discretion in making certain findings of fact as such were against the manifest weight of
the evidence.
(¶13) Specifically, Father submits the trial court received "virtually no evidence
to support" the following findings of fact: Paragraph 1: All information pertaining to a
prior case allegedly involving the family; Paragraph 2: The finding GCCSB was
involved in this case since November, 2010; Paragraph 2: The finding K.C. was "safety
planned with Nancy Wells [since November of 2010] and the child was refusing to go
home"; Paragraph 3: The finding K.C. “stayed with Nancy Wells until Christmas time of
2010 when the father demanded that the child return home and she did"; Paragraph 4
and footnote 1:The finding Paul Hackman, a family friend, was living in Father's house
and was involved in an unrelated case which resulted in Hackman's children being
permanently removed from his home and specifying the reason for the removal;
Paragraph 5: The finding K.C. was unwilling to return to Father's home at the conclusion
of the thirty day period of the safety plan; and Paragraph 5: The finding Nancy Wells
was unwilling to provide a long term placement for K.C.
(¶14) Father contends the trial court made certain findings, such as the case
number of the prior case and the disposition of that matter (six months of protective
supervision), despite the fact GCCSB did not present evidence at the adjudicatory
hearing in the instant action to support such findings. Father adds GCCSB did not offer
into evidence a copy of any entry from the prior case, and GCCSB's only witness, Roy Guernsey County, Case No. 11CA000021 5
Higgins, testified he was not involved in the prior matter. Father concludes there was
no competent, credible evidence to substantiate the trial court's findings.
(¶15) Based upon the facts noted supra and upon review of the entire record in
this matter, including the transcript of the adjudicatory hearing, we find any error in the
findings of fact challenged by Appellant to be harmless. Read as a whole and in light of
all the testimony, we find there are sufficient supported findings to conclude the trial
court’s decision is not against the manifest weight of the evidence. (See our discussion
of Appellant’s Assignment of Error II, infra.)
(¶16) Father's first assignment of error is overruled.
II
(¶17) In his second assignment of error, Father challenges the trial court's
adjudication of K.C. as a dependent child was an abuse of discretion and against the
manifest weight of the evidence. Father acknowledges although it was proper for the
trial court to consider his alleged drug use, Father submits his conduct was relevant
"solely insofar as that parent's conduct forms a part of the environment of the child" and
GCCSB presented no evidence such had a detrimental impact on K.C. We disagree.
(¶18) R.C. 2151.04(C) provides:
(¶19) “As used in this chapter, “dependent child” means any child:
(¶20) “ * * *
(¶21) “(C) Whose condition or environment is such as to warrant the state, in the
interests of the child, in assuming the child's guardianship.”
(¶22) Roy Higgins, the intake caseworker, testified at the time GCCSB
requested emergency custody of K.C., Father had refused services and was not willing Guernsey County, Case No. 11CA000021 6
to work on a voluntary case plan to resolve the issues in the home; K.C. was not willing
to return to Father's home; and Nancy Wells could not provide a long-term placement
for K.C.
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[Cite as In re K.C., 2012-Ohio-4.]
COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT
IN THE MATTER OF: JUDGES: Hon. William B. Hoffman, P.J. K.C. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.
Case No. 11CA000021
OPINION
CHARACTER OF PROCEEDING: Appeal from the Guernsey County Court of Common Pleas, Juvenile Division, Case No. 11JC00225
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: January 3, 2012
APPEARANCES:
For Appellant For Appellee
CHARLES E. MCKNIGHT AMBER D. WOOTTON 121 West Eight St. Assistant Prosecuting Attorney Cambridge, Ohio 43725 139 W. 8th St. Cambridge, Ohio 43725 Guernsey County, Case No. 11CA000021 2
Hoffman, P.J.
(¶1) Appellant James Cummings (“Father”) appeals the June 21, 2011 Journal
Entry entered by the Guernsey County Court of Common Pleas, Juvenile Division,
which adjudicated his minor daughter to be a dependent child and granted temporary
custody of the child to Appellee Guernsey County Children Services Board (“GCCSB”).
STATEMENT OF THE FACTS AND CASE
(¶2) K.C. (d.o.b. 6/6/97) is the biological daughter of Father and Heather Dawn
McMillan (“Mother”).1 The trial court issued an ex-parte order placing K.C. in the
temporary custody of GCCSB on April 11, 2011. On the same day, GCCSB filed a
Complaint, alleging K.C. was a neglected/dependent child.
(¶3) The trial court conducted an adjudicatory hearing on June 13, 2011. Roy
Higgins, an intake caseworker with GCCSB, testified as to the Agency’s involvement
with the family.
(¶4) In November, 2010, GCCSB received a report Father and K.C. had had a
physical altercation. K.C. did not have any visible injuries, but her story raised
significant concerns regarding the home. Father denied K.C.’s allegations, but verbally
agreed to let the child stay with Nancy Wells, a longtime family friend and approved
foster parent, on a safety plan. Father would not sign the safety plan. Father refused
all services and the case was subsequently closed. K.C. returned to Father’s home
sometime around Christmas, 2010.
(¶5) In March, 2011, GCCSB received a report regarding a physical altercation
between Father and K.C. K.C. alleged numerous drug addicts/dealers were coming
1 Mother is not a party to this Appeal. Guernsey County, Case No. 11CA000021 3
and going from the home on a regular basis. Father agreed to a safety plan allowing
K.C. to stay with Nancy Wells. Father met with GCCSB workers on two occasions to
discuss available services. Father was not willing to work with GCCSB for voluntary
ongoing services. Father denied using drugs, but refused to submit to a drug screen.
Father was advised a refusal to a drug screen was considered a positive test result.
(¶6) GCCSB received information an individual by the name of Paul Hackman
was living in Father’s home, and Father was using and selling drugs.
(¶7) Father did not present any witnesses on his behalf. The trial court found
GCCSB presented clear and convincing evidence to establish K.C. was a dependent
child. The trial court scheduled the matter for dispositional hearing on July 6, 2011.
(¶8) Via Journal Entry filed June 21, 2011, the trial court memorialized its
finding. The trial court ordered K.C. remain in the temporary emergency custody of
GCCSB.
(¶9) It is from this journal entry Father appeals, raising as error:
(¶10) “I. THE TRIAL COURT ABUSED ITS DISCRETION IN MAKING THE
FOLLOWING FINDING OF FACTS, AND THE FINDINGS WERE AGAINST THE
MANIFEST WEIGHT OF THE EVIDENCE:
(¶11) “II. THE TRIAL COURT’S DECISION ADJUDICATING THE CHILD TO BE
DEPENDENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND AN
ABUSE OF DISCRETION.” Guernsey County, Case No. 11CA000021 4
I
(¶12) In his first assignment of error, Father maintains the trial court abused its
discretion in making certain findings of fact as such were against the manifest weight of
the evidence.
(¶13) Specifically, Father submits the trial court received "virtually no evidence
to support" the following findings of fact: Paragraph 1: All information pertaining to a
prior case allegedly involving the family; Paragraph 2: The finding GCCSB was
involved in this case since November, 2010; Paragraph 2: The finding K.C. was "safety
planned with Nancy Wells [since November of 2010] and the child was refusing to go
home"; Paragraph 3: The finding K.C. “stayed with Nancy Wells until Christmas time of
2010 when the father demanded that the child return home and she did"; Paragraph 4
and footnote 1:The finding Paul Hackman, a family friend, was living in Father's house
and was involved in an unrelated case which resulted in Hackman's children being
permanently removed from his home and specifying the reason for the removal;
Paragraph 5: The finding K.C. was unwilling to return to Father's home at the conclusion
of the thirty day period of the safety plan; and Paragraph 5: The finding Nancy Wells
was unwilling to provide a long term placement for K.C.
(¶14) Father contends the trial court made certain findings, such as the case
number of the prior case and the disposition of that matter (six months of protective
supervision), despite the fact GCCSB did not present evidence at the adjudicatory
hearing in the instant action to support such findings. Father adds GCCSB did not offer
into evidence a copy of any entry from the prior case, and GCCSB's only witness, Roy Guernsey County, Case No. 11CA000021 5
Higgins, testified he was not involved in the prior matter. Father concludes there was
no competent, credible evidence to substantiate the trial court's findings.
(¶15) Based upon the facts noted supra and upon review of the entire record in
this matter, including the transcript of the adjudicatory hearing, we find any error in the
findings of fact challenged by Appellant to be harmless. Read as a whole and in light of
all the testimony, we find there are sufficient supported findings to conclude the trial
court’s decision is not against the manifest weight of the evidence. (See our discussion
of Appellant’s Assignment of Error II, infra.)
(¶16) Father's first assignment of error is overruled.
II
(¶17) In his second assignment of error, Father challenges the trial court's
adjudication of K.C. as a dependent child was an abuse of discretion and against the
manifest weight of the evidence. Father acknowledges although it was proper for the
trial court to consider his alleged drug use, Father submits his conduct was relevant
"solely insofar as that parent's conduct forms a part of the environment of the child" and
GCCSB presented no evidence such had a detrimental impact on K.C. We disagree.
(¶18) R.C. 2151.04(C) provides:
(¶19) “As used in this chapter, “dependent child” means any child:
(¶20) “ * * *
(¶21) “(C) Whose condition or environment is such as to warrant the state, in the
interests of the child, in assuming the child's guardianship.”
(¶22) Roy Higgins, the intake caseworker, testified at the time GCCSB
requested emergency custody of K.C., Father had refused services and was not willing Guernsey County, Case No. 11CA000021 6
to work on a voluntary case plan to resolve the issues in the home; K.C. was not willing
to return to Father's home; and Nancy Wells could not provide a long-term placement
for K.C. Further, Father admitted to intense verbal as well as physical altercations with
K.C. GCCSB received numerous reports regarding Father's drug use. Father refused to
submit to multiple drug screens even after he was advised his refusal would be
considered a positive result.
(¶23) Based upon the foregoing and the entire record in this matter, we find the
trial court did not abuse its discretion in adjudicating K.C. to be a dependent child as
such determination was not against the manifest weight of the evidence.
(¶24) Father's second assignment of error is overruled.
(¶25) The judgment of the Guernsey County Court of Common Pleas, Juvenile
Court Division, is affirmed.
By: Hoffman, P.J.
Farmer, J. and
Edwards, J. concur
s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN
s/ Sheila G. Farmer __________________ HON. SHEILA G. FARMER
s/ Julie A. Edwards ___________________ HON. JULIE A. EDWARDS Guernsey County, Case No. 11CA000021 7
IN THE COURT OF APPEALS FOR GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT
IN THE MATTER OF: : : K.C. : : : JUDGMENT ENTRY : : : Case No. 11CA000021
For the reasons stated in our accompanying Opinion, the judgment of the
Guernsey County Court of Common Pleas, Juvenile Court Division, is affirmed. Costs to
Appellant.
s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN
s/ Julie A. Edwards___________________ HON. JULIE A. EDWARDS