In re L.B.

2020 Ohio 3834
Ohio Court of Appeals·Decided July 27, 2020·No. 20CA0008-M, 20CA0010-M·Published·Cited by 3 cases

Opinion

[Cite as In re L.B., 2020-Ohio-3834.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF MEDINA )

IN RE: L.B. C.A. No. 20CA0008-M 20CA0010-M

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 2017 09 DE 0069

DECISION AND JOURNAL ENTRY

Dated: July 27, 2020

CALLAHAN, Presiding Judge.

{¶1} Appellants, R.M. (“Mother”) and M.R. (“Grandmother”), appeal from a judgment

of the Medina County Court of Common Pleas, Juvenile Division, that placed a minor child in the

permanent custody of Medina County Job and Family Services (“MCJFS”). This Court affirms.

I.

{¶2} Mother is the biological mother of L.B., born December 23, 2004. Grandmother is

L.B.’s maternal grandmother. L.B.’s father (“Father”) did not participate in the final hearing and

has not appealed from the permanent custody judgment.

{¶3} Although L.B’s custodial history is not entirely clear from the record, Grandmother

raised L.B. for most of the child’s pre-school years because Mother and Father had serious,

untreated mental health and drug problems. L.B. was officially placed in Grandmother’s legal

custody when she was three years old because Mother was incarcerated. 2

{¶4} When it was time for L.B. to begin school, Grandmother placed L.B. in the legal

custody of a family friend, T.B., apparently because Grandmother was unable to drive the child

back and forth to school. Six years later, T.B. returned L.B. to Grandmother because L.B. was

exhibiting serious mental health and behavioral problems and T.B. was not willing to take the child

to counseling. L.B. apparently had a long history of untreated mental health problems and her

behavioral problems continued to escalate before and during this case.

{¶5} On May 22, 2017, L.B. got into an altercation with Grandmother, during which she

struck Grandmother with her arm, attempted to suffocate Grandmother with a plastic bag, and

threatened to hit her with a hammer. Grandmother escaped the house and called the police.

Although L.B. faced a juvenile delinquency complaint for the act of domestic violence, she was

apparently returned to Grandmother’s home shortly after that incident.

{¶6} Within the next few months, L.B. committed domestic violence against Mother.

Grandmother had allowed Mother and L.B. to be together in violation of a no contact order that

prohibited the two from having any contact because Mother had allowed L.B. to have drugs,

alcohol, contact with older boys, and otherwise facilitated her inappropriate and dangerous

behavior. Although Grandmother realized that Mother was a bad influence on L.B. and that L.B.’s

behavior regressed around her, she repeatedly allowed, and even facilitated, contact between L.B.

and Mother.

{¶7} L.B. became violent with Mother after Mother tried to stop L.B. from harming the

family cat. L.B. responded by punching Mother. Further physical violence ensued between the

two until the police arrived. L.B. was again alleged to be a delinquent child for the act of domestic

violence against Mother and for violating the no contact order. L.B. was later adjudicated a

delinquent child for the two acts of domestic violence and for violating the no contact order. 3

{¶8} MCJFS filed the complaint in this case on September 5, 2017. It alleged that L.B.

was a dependent child because Grandmother had hip surgery and was not physically capable of

caring for L.B. and was overwhelmed by the child’s behavioral problems. At that time, L.B. was

in a juvenile detention center.

{¶9} L.B. was adjudicated a dependent child in this case on October 31, 2017. Although

Mother and Father were on the original case plan, they did not make much progress on goals to

reunify them with their child. Father made some progress early in the case but later relapsed and

began using drugs again. Mother did not work with MCJFS and eventually asked to be removed

from the case plan.

{¶10} From the beginning of this case, Grandmother was the only viable option for family

reunification. Although the agency realized that Grandmother and L.B. loved each other, the

greatest concern was Grandmother’s ability to understand the severity of L.B.’s problems and to

provide appropriate boundaries and care for L.B. Grandmother engaged in counseling but did not

make much progress in understanding the severity of L.B.’s problems or her need to modify her

manner of parenting the child.

{¶11} L.B. engaged in extreme self-harming behavior before and during this case,

including repeated suicide attempts, daily cutting, and other self-harming behavior. L.B., who was

13 to 15 years old during this case, also frequently used alcohol and drugs and engaged in sexual

activity with older boys that she did not know, usually after contacting them via the internet. The

terms of L.B.’s probation prohibited her from engaging in any of those activities, including having

access to the internet or any contact with Mother.

{¶12} Although MCJFS worked to reunify Grandmother and L.B., Grandmother

continued to allow L.B. to have contact with Mother. At one point, Mother gave L.B. a cell phone 4

and encouraged her to contact older boys on the internet. Grandmother also failed to set

appropriate boundaries for L.B. to ensure that she did not violate other conditions of her probation

that were intended to safeguard the child’s safety.

{¶13} For example, Grandmother had turned off the internet at her house, but she would

take L.B. to the middle school near her home so that L.B. could play computer games and swing

on the swings. According to Grandmother, the swinging and gameplaying seemed to calm L.B.

Grandmother, admittedly unaware of how hand-held devices or the internet works, did not realize

that L.B. could use her gaming device1 and the school’s WiFi to access the internet and contact

older boys.

{¶14} The initial plan in this case was for L.B. to ultimately return to Grandmother’s

home. On July 3, 2019, however, while on an extended visit with Grandmother, L.B. slipped out

of the home at night and went to the middle school to gain access to the school’s internet so she

could contact an older boy that she had met in her treatment facility. Grandmother did not realize

that L.B. was gone until the police brought her home. Grandmother responded to MCJFS that L.B.

had made a “pinky” promise that she would not leave the home and Grandmother believed that

L.B.’s promise was an adequate safeguard to prevent the child from leaving the home.

{¶15} Authorities also learned at that time that L.B. had been cutting herself on a regular

basis. Although Grandmother was aware that L.B. had been cutting herself, she did not report the

activity to anyone because she did not believe that the cuts were serious or that L.B. posed any

danger to herself or others. L.B. was readmitted to the juvenile detention center for violating the

terms of her probation and because of concerns that she posed a risk to her own safety, the safety

1 It is unclear from the record whether L.B. used a cell phone or another type of device to play games and access the internet. 5

of others, and that she was a flight risk. L.B. was later released into two different residential mental

health treatment facilities.

{¶16} On August 5, 2019, MCJFS moved for permanent custody of L.B. At the time of

the hearing, L.B.

Free access — add to your briefcase to read the full text and ask questions with AI

In re L.B., 2020 Ohio 3834 (Ohio Ct. App. 2020).

2020 Ohio 3834 (In re L.B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re D.R.
2024 Ohio 2411 (Ohio Court of Appeals, 2024)
In re D.B.
2024 Ohio 1872 (Ohio Court of Appeals, 2024)
In re N.S.
2023 Ohio 4285 (Ohio Court of Appeals, 2023)