In re L.G.

2016 Ohio 5918
CourtOhio Court of Appeals
DecidedSeptember 21, 2016
DocketH-16-006 H-16-007 H-16-009, H-16-010, H-16-011, H-16-012, H-16-013, H-16-014, H-16-015, H-16-016
StatusPublished

This text of 2016 Ohio 5918 (In re L.G.) 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 L.G., 2016 Ohio 5918 (Ohio Ct. App. 2016).

Opinion

[Cite as In re L.G., 2016-Ohio-5918.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT HURON COUNTY

In re L.G., M.G., Jo.V., S.V., Court of Appeals Nos. H-16-006 C.V., A.V., L.V., Ja.V. H-16-007 H-16-009 H-16-010 H-16-011 H-16-012 H-16-013 H-16-014 H-16-015 H-16-016

Trial Court Nos. DNA 2014 00028 DNA 2014 00029 DNA 2014 00022 DNA 2014 00023 DNA 2014 00024 DNA 2014 00025 DNA 2014 00026 DNA 2014 00027

DECISION AND JUDGMENT

Decided: September 21, 2016

***** Casey Lloyd Jacobs, for appellant, E.G.

Paul D. Dolce, for appellant, Je.V.

Daivia S. Kasper, Prosecuting Attorney, and Dina Shenker, Assistant Prosecuting Attorney, for appellee.

***** JENSEN, P.J.

{¶ 1} This is a consolidated appeal from a judgment of the Huron County Court of

Common Pleas, Juvenile Division, terminating the parental rights of the elder Jo.V., E.G.,

and Je.V., and awarding permanent custody of their eight children, (Jo.V., S.V., C.V.,

A.V., L.V., Ja.V., L.G., and M.G.) to appellee, Huron County Department of Job and

Family Services (the “Department”). For the reasons that follow, we affirm.

Factual Background and Procedural History

{¶ 2} Appellant Je.V. (“mother”) is the natural mother of Jo.V. , S.V., C.V., A.V.,

L.V., Ja.V., L.G., and M.G. (collectively “the children”).

{¶ 3} Appellant E.G. (“father”) is the natural father of the two youngest children,

L.G. and M.G. The elder Jo.V. is the natural father of the six older children (Jo.V., S.V.,

C.V., A.V., L.V. and Ja.V.) and did not participate in the termination hearing. He has not

filed a notice of appeal. Thus, our discussion and analysis will focus on the facts as they

pertain to mother and father.

{¶ 4} Shortly after her birth at Fisher Titus Medical Center on January 25, 2014,

M.G. was diagnosed with neonatal abstinence syndrome relating to her exposure to opiate

drugs while in her mother’s womb. M.G. was transferred to the Toledo Hospital for

2. treatment and observation. Upon discharge, mother and father were given strict

instructions for a methadone weaning plan, weekly checkups with her pediatrician, and

follow up appointments with Home Health Care and Huron County Help Me Grow.

Mother and father failed to take M.G. to multiple appointments. At one appointment the

parents did keep, M.G. was vomiting and diagnosed with failure to thrive. Numerous

attempts by the Department to verify that M.G. was receiving proper treatment after her

discharge from the hospital were unsuccessful. Mother refused access to the home she

was sharing with friends and refused access to the children.

{¶ 5} On February 24, 2014, the Department petitioned for and was granted

emergency temporary custody of the children. A case plan was developed with a goal of

reunification. The case plan stated three goals for mother and father: (1) successfully

complete substance abuse counseling; (2) successfully complete parenting classing; and

(3) “resource management/household maintenance.”

{¶ 6} Once the children were placed in foster care, they were taken to a

pediatrician for evaluation. The pediatrician found the children to be suffering from

chronic medical, dental, and mental health conditions and developmental delays for

which appropriate treatment had not been provided.

{¶ 7} At a dispositional hearing on May 1, 2014, mother and father were ordered

to submit to a substance abuse assessment; successfully complete any and all

recommended treatment; maintain adequate employment with sufficient income to

support the family; and maintain safe, drug free, stable housing suitable for the needs of

3. the family. Father was further ordered to successfully complete parenting classes and

submit to random substance abuse screens as directed by the Department.

{¶ 8} On July 17, 2015, the Department filed a motion for permanent custody

stating that “such placement is in the best interest of the children and the children cannot

be placed with either of their parents within a reasonable time.” The Department alleged

There has been no reported progress on the case plan by either

[mother] or [father]. [Mother] did not complete a substance abuse

assessment and has not participated in any type of substance abuse

treatment. [Mother] did attend a few parenting classes but missed more than

what was permitted and did not successfully complete the classes. * * *

[Mother] reported she was employed at Save A Lot in Willard but was

terminated within a month and has not provided any other employment

verification.”

{¶ 9} The Department further alleged that father failed to participate in parenting

classes, did not undergo a substance abuse assessment, and did not participate in any

substance abuse treatment. While father gained employment on three separate occasions,

he was not able to maintain a job for more than a month. Father was arrested once for

voluntary intoxication and once for disorderly conduct by intoxication. On separate

occasions father tested positive for cocaine, benzoylecgonine, and Ultram.

{¶ 10} While mother and father obtained housing in October, 2014, they were

evicted in January of the next year for nonpayment of rent. Since the beginning of the

4. case plan, mother and father reported seven different home addresses. At the time the

motion for permanent custody was filed, Mother reported that she lived with her mother

in Willard, Ohio. Father last indicated that he lived with his father in Norwalk, Ohio, but

refused to provide the Department with a specific address.

{¶ 11} Trial was held in February 2016.

{¶ 12} Dr. Melanie Jungblut is employed by New Beginnings Pediatrics. Prior to

her testimony at trial, Dr. Jungblut received and reviewed the medical records of the

children. After giving a detailed overview of each child’s health issues, she opined that

all of the children had been medically neglected.

{¶ 13} Sally Alexander was the court-appointed CASA volunteer guardian-ad-

litem for the children in this case. Ms. Alexander testified that mother and father lived at

several different addresses throughout the case. At the time of trial, mother and father

were living with mother’s adult brother, Grace Reed, and Reed’s three children. Ms.

Alexander never entered the Reed home because she felt threatened by father. Ms.

Alexander did gather as much information about the home as she could from the internet.

{¶ 14} Ms. Alexander further testified that mother and father were not in a

position to care for the children. Despite given two years to secure employment and a

drug and alcohol free home, mother and father were unable to do so. While mother did

successfully complete a required four hour parenting class, mother and father failed to

complete any other counseling sessions and classes they were ordered to complete. Ms.

5. Alexander opined that it was in the children’s best interests to be placed in the permanent

custody of the Department.

{¶ 15} Dr. Lisa Stanford is the Division Director of Neurobehavioral Health at

Akron Children’s Hospital. Dr. Stanford testified that Ja.V. needed structure and stability

in order to control her current and emotional behavioral issues. She opined that

regression occurred after visitation with her parents. She indicated that if the goal was

not reunification, then her recommendation would be to terminate visitation to limit the

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Bluebook (online)
2016 Ohio 5918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lg-ohioctapp-2016.