In re M.

416 N.E.2d 669, 65 Ohio Misc. 7, 18 Ohio Op. 3d 283, 1979 Ohio Misc. LEXIS 88
CourtCuyahoga County Common Pleas Court
DecidedAugust 14, 1979
DocketNos. 261485 and 267737
StatusPublished
Cited by2 cases

This text of 416 N.E.2d 669 (In re M.) is published on Counsel Stack Legal Research, covering Cuyahoga County Common Pleas Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re M., 416 N.E.2d 669, 65 Ohio Misc. 7, 18 Ohio Op. 3d 283, 1979 Ohio Misc. LEXIS 88 (Ohio Super. Ct. 1979).

Opinion

Whitlatch, J.

This matter comes before the court on the motion of the Cuyahoga County Welfare Department - Social Services, hereinafter referred to as the agency, to terminate its custody of the children herein and to return the children to the custody of their mother. The court’s experience in this case demonstrates the need for a comprehensive plan designed to rehabilitate and reunify the family when children are removed from their home and committed to the temporary custody of a social agency. Our experience has further [8]*8demonstrated the correlative necessity of the court’s insistence that a conscientious effort be made by the social agency to bring the plan to fruition before considering placing the children for adoption. The courtroom litigation of the issues involved in these cases took place many months ago. Our ruling on the motion now before us represents the successful culmination of the plan to rehabilitate and reunify the family. While it was a motion of the mother to return the two youngest children, Judy and Willard, to her care and a counter motion of the county welfare department for permanent custody of these two children for the purpose of adoption that last brought this matter before the court, it is essential to the understanding of this matter to briefly review not only the case of Judy and Willard but also the case of their three siblings, Robert, Julia and Eugena.

Judy M. hereinafter referred to as the mother, is the mother of five children: Robert, born 10-30-64, and Julia, born 1-22-67, are the children of her deceased husband; Eugena, born 8-2-68, and twins, Willard and Judy, born 11-16-70, were fathered by a Mr. W. with whom the mother cohabited for several years and whose existing valid marriage to another woman prevented the consummation of a common-law marriage between him and the mother.

Robert, Julia and Eugena were adjudged neglected children by this court on 3-27-70 in cause No. 261485, and the infant twins, Willard and Judy, were adjudged neglected children in cause No. 267737 on 12-18-70; both actions were brought under R. C. 2151.03. All five children were committed to the temporary custody of the agency.

In brief, the neglect in both actions was occasioned by repeated, brutal, physical assaults on the mother by Mr. W. in the presence of the children. Efforts to break up this pathological relationship and establish the mother and the children in a household separate from Mr. W. were unavailing, necessitating the placement of the children in foster homes.

It is noteworthy that the mother did not physically neglect the children or abuse them in any way. The children were kept clean, adequately fed and clothed while in her care. The mother’s housekeeping standards have always been quite satisfactory. Had it not been for the repeated beatings of the mother by Mr. W., causing great emotional trauma to the [9]*9children, and in one instance resulting in the mother being placed temporarily in a psychiatric hospital, it is unlikely that the children would have been removed from her custody. While the mother experienced a very deprived childhood and was at one time placed in the Columbus State School for the Retarded, the court psychologist found that her I.Q. was 85 when adjusted for lack of education.

Several hearings were had in 1973 and 1974 on motions of the mother to have the children returned to her care. Mr. W. had been imprisoned in the house of correction but escaped therefrom and there was some evidence that he and the mother had resumed their relationship. In June of 1974 the court became convinced that the mother was no longer consorting with Mr. W. and ordered Robert, the oldest boy, returned to the home. At the request of the court, a psychologist at Beechbrook, a residential treatment center for disturbed children, where Eugena was in placement, undertook the assignment of improving the relationship between Julia and Eugena and their mother. Prior to this the agency had favored these children remaining with their foster parents. The psychologist’s therapy sessions with the mother, Julia and Eugena, resulted in the return of the children to the mother’s home.

As we considered the motions in relation to the twins, Willard and Judy, (the agency’s for permanent custody and the mother’s to terminate the agency’s custody) we, of course, took into account the experience of the three children who had been returned to the mother’s home. Robert had been there for almost three years, Julia for eighteen months and Eugena for fourteen months. All three children were reported as doing remarkably well at home, in school and in the community. Their school records were outstanding: Robert and Julia received practically all A’s with corresponding high marks in “personal and social growth.” Eugena, who was formerly so disturbed as to necessitate her placement in a treatment facility at a considerable cost to the county was enrolled in a learning disability class in the Cleveland public school system where she showed vast improvement. The comment of her teacher is worth noting: “Gena has matured and cooperated since school began. She seems to be a much happier child and it is reflected in her progress in her academic work.” (Emphasis added.)

[10]*10Under the general policy of the agency, the successful return of the three eldest children to the mother’s home would have prompted the agency to work toward the early return to her home of the children remaining in placement. However, in this case the agency made no movement to return the twins, Willard and Judy, to the mother’s care. Whereupon counsel for the mother filed the motion to terminate the custody by the agency of Willard and Judy and the agency countered by filing the motion for the permanent custody of the children. The molther naturally asserted that by her exemplary care of the three eldest children she had demonstrated that she was well able to care for the twins. The agency contended that while the mother could adequately care for three of her children, she could not cope with the five of them. The agency conceded that the three older children were receiving good care in their mother’s home and were presenting no problems, but contended that these children had been with the mother in their early years and therefore recognized and accepted her in the maternal role. The agency claimed that Judy and Willard, who had been in foster home placement since they were a month old, would not be able to accept the mother in her natural role and that the children would undergo severe emotional trauma in any attempt to transfer them from the foster home to the mother’s home.

It was the contention of the agency and the guardian ad litem that the foster parents had become the “psychological parents” of Willard and Judy. The agency supported its contention with the expert testimony of caseworkers, a psychologist and a psychiatrist. The term “psychological parent” has gained considerable currency in the social work community since the publication in 1973 of the book Beyond the Best Interests of the Child, by Goldstein, Freud and Solnit (McMillan Publishing Company). The socio-psychological theory of the book is summarized in Montgomery Co. Dept. of Soc. Services v. Sanders (1978), 38 Md. App. 406, 412, 381 A. 2d 1154, as follows:

“Under the ‘psychological parenthood’ principle, separation from the natural parent for a sufficient length of time saps the bond of love and affection between child and parent while simultaneously forging a strong psychological link which joins the child to a surrogate parent.

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Cite This Page — Counsel Stack

Bluebook (online)
416 N.E.2d 669, 65 Ohio Misc. 7, 18 Ohio Op. 3d 283, 1979 Ohio Misc. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-m-ohctcomplcuyaho-1979.