In re L.D.

2011 Ohio 5799
Ohio Court of Appeals·Decided November 3, 2011·No. 11CA000017 11CA000018·Published

Opinion

[Cite as In re L.D., 2011-Ohio-5799.]

COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN THE MATTER OF: JUDGES: Hon. W. Scott Gwin, P.J. L.D., A.D. AND T.C. Hon. William B. Hoffman, J. Hon. Julie A. Edwards, J. DEPENDENT CHILDREN Case No. 11CA000017 and 11CA000018

OPINION

CHARACTER OF PROCEEDING: Appeal from the Guernsey County Court of Common Pleas, Juvenile Division, Case No. 10JC00368

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: November 3, 2011

APPEARANCES:

For Appellee For Appellant-Mother Guernsey County Children Services

AMBER D. WOOTTON MICHAEL GROH Assistant Prosecuting Attorney 919 Wheeling Avenue 139 W. 8th Street Cambridge, Ohio 43725 Cambridge, Ohio 43725

For Appellant-Father

RONALD C. COUCH 121 W. 8th Street Cambridge, Ohio 43725 Guernsey County, Case No. 11CA000017 and 11CA000018 2

Hoffman, J.

{¶ 1} In Guernsey App. No. 11CA000017, Appellant Lisette Danforth (“Mother”)

appeals the May 25, 2011 Journal Entry entered by the Guernsey County Court of

Common Pleas, Juvenile Division, which terminated her parental rights, privileges, and

responsibilities with respect to her minor children and granted permanent custody of the

children to Appellee Guernsey County Children Services (“GCCS”). In Guernsey App.

No. 2011CA000018, Appellant Scott Danforth (“Father”) appeals the same journal entry

with respect to the termination of his parental rights, privileges, and responsibilities.

STATEMENT OF THE FACTS AND CASE

{¶ 2} Mother is the biological mother of L.D. (DOB 12/14/06), A.D. (DOB

1/6/07), and T.C. (DOB 9/30/09). Father is the biological father of L.D. and A.D.1 On

June 11, 2010, GCCS filed a motion for emergency custody and a complaint alleging

the three minor children were neglected and dependent. These filings resulted after

L.D. was found wandering alone outside in the rain. At the adjudicatory hearing on

August 13, 2010, Mother and Father admitted the allegations of dependency and the

trial court adjudicated the children dependent. GCCS dismissed the allegations of

neglect. Following a dispositional hearing, the three children were placed in the

temporary custody of GCCS.

{¶ 3} GCCS filed Motion for Permanent Custody on February 9, 2011. The trial

court conducted a hearing on the motion on May 16, 2011.

{¶ 4} The following evidence was adduced at the hearing. Dr. Gary Wolfgang, a

licensed psychologist, conducted a psychological evaluation of Mother in July, 2010.

1 The biological father of T.C. is not a party to this appeal. Guernsey County, Case No. 11CA000017 and 11CA000018 3

Dr. Wolfgang noted Mother provided a great deal of contradictory information during the

evaluation. Mother denied using cocaine, but also reported she had a positive cocaine

screen, and made numerous other suggestions she was a drug and alcohol user.

Mother blamed the children’s removal on her confused state of mind after she took the

prescriptions Celexa and Klonopin. Dr. Wolfgang noted he had never heard of

confusion as a side effect of either of these medications. Mother reported other

contradictory information concerning her prior mental health treatment and her Mother’s

involvement in her life. Dr. Wolfgang expressed concerns regarding this contradictory

information, emphasizing Mother tended to blame her problems on other people. Dr.

Wolfgang recommended ongoing mental health treatment and found Mother’s version of

the events surrounding the removal of her children “virtually incredible”.

{¶ 5} Kim Feldner, a family support specialist at GCCS, scheduled and

supervised or monitored nearly all of the visits between the children and Mother and

Father. Feldner testified Mother had eighty-one visits scheduled with the children over

the duration of the case, however, Mother had either cancelled or no showed for

nineteen of those visits. All of Mother’s visits were supervised. Feldner testified, on

occasion, Mother’s visits with the children would go well, but most of the time, Mother’s

behavior was erratic, robotic, and she was not engaged with the children. During

Mother’s last visit with the children on April 13, 2011, Mother’s mother (“Grandmother”)

was present. Feldner observed Grandmother tell the children she was returning to

Florida, however, Feldner did not observe Mother do the same. Mother told Feldner

while she and A.D. were in the restroom, she (“Mother”) told A.D. she was returning to

Florida, and the child was “a wreck”. Feldner described Mother as discreet and evasive Guernsey County, Case No. 11CA000017 and 11CA000018 4

whenever she was asked about where or with whom she was staying. In February,

2011, Mother cancelled five of her seven scheduled visits with the children. Mother

made no attempt to make arrangements for phone contact during her last visit on April

13, 2011. One week prior to the permanent custody hearing, Mother requested the

court allow her to have phone contact with the children. Mother advised Feldner she

would not be attending the permanent custody hearing.

{¶ 6} Feldner testified Father had a total of twelve visits with the children, and

cancelled only one. Father’s last visit with the children was on September 9, 2010, at

which time he told the children he was moving to Florida. Although Father told Feldner

he would call once he was settled in Florida, Feldner had no further contact with him.

{¶ 7} Elissa Mallett, the ongoing caseworker, testified she became involved with

the family in May, 2010. Mallett developed a case plan for Mother, however, Mother

had been largely noncompliant. At the time of the permanent custody hearing, Mother

had completed a mental health assessment, but had not followed the recommendations.

Mother lost her housing in August, 2010, and had not established new housing at the

time of the hearing. Due to noncompliance, Mother lost her Department of Job and

Family Services benefits. Mother had no financial means of support. Mother did sign

all releases of information, and provided the name of one possible relative for

placement. Mother had not completed her parenting education classes.

{¶ 8} Grandmother and her husband requested custody of the children, but

subsequently withdrew the request due to health issues. Neither Mother nor

Grandmother provided names of any other relatives for placement. Mallet attempted to

meet with Mother and scheduled meetings at the locations where Mother indicated she Guernsey County, Case No. 11CA000017 and 11CA000018 5

was staying, however, Mother never appeared for these appointments. Mother refused

to provide Mallett with the addresses of friends with whom she was staying. Mother did

meet Mallett at GCCS offices. After losing her Department of Job and Family Services

benefits for not completing classes, Mother did not establish an alternative source of

income. Mother did not complete the Incredible Years class which was required,

although she received information in writing of said class.

{¶ 9} Mallet also established a case plan for Father. The case plan required

Father to complete a mental health assessment, which Father did not do. Instead,

Father provided Mallett with the address of the business where he allegedly completed

an assessment. The address was incorrect. Father did not complete parenting classes,

Father provided Mallett with certificates from a parenting class in which he participated

in Florida.

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