In re M.S.

2025 Ohio 5835
Procedural entryThis page is a short order in In re M.S.. Read the opinion of the Court — 2023 Ohio 1558
Ohio Court of Appeals·Decided December 31, 2025·No. C-250468, C-250487·Published

Opinion

[Cite as In re M.S., 2025-Ohio-5835.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN RE: M.S., A.S., and C.S. : APPEAL NOS. C-250468 C-250487 : TRIAL NO. F/19/953 Z

:

: JUDGMENT ENTRY

This cause was heard upon the appeals, the record, and the briefs. For the reasons set forth in the Opinion filed this date, the judgment of the trial court is affirmed. Further, the court holds that there were reasonable grounds for these appeals, allows no penalty, and orders that costs be taxed under App.R. 24. The court further orders that (1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 12/31/2025 per order of the court.

By:_______________________ Administrative Judge [Cite as In re M.S., 2025-Ohio-5835.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN RE: M.S., A.S., and C.S. : APPEAL NOS. C-250468 C-250487 : TRIAL NO. F/19/953 Z

:

: OPINION

Appeals From: Hamilton County Juvenile Court

Judgment Appealed From Is: Affirmed

Date of Judgment Entry on Appeal: December 31, 2025

Connie Pillich, Hamilton County Prosecuting Attorney, and Patsy A. Bradbury, Assistant Prosecuting Attorney, for Appellee Hamilton County Department of Job and Family Services,

Klarysa J. Benge, for Appellee Guardian Ad Litem,

Kimberly V. Thomas, for Appellant Mother,

Cynthia S. Daugherty, for Appellant Father. OHIO FIRST DISTRICT COURT OF APPEALS

MOORE, Judge.

{¶1} Appellants N.S. (“Mother”) and A.S. (“Father”) appeal the juvenile

court’s order granting permanent custody of their children, M.S., A.S., and C.S., to the

Hamilton County Department of Job and Family Services (“HCJFS”). Mother’s first

assignment of error asserts that the trial court committed reversible error by finding

that HCJFS made reasonable efforts during the pendency of the case. Mother’s second

assignment of error and Father’s sole assignment of error both assert that the juvenile

court’s decision to grant permanent custody to HCJFS was not supported by sufficient

evidence and was contrary to the manifest weight of the evidence. Because competent

and credible evidence supports the juvenile court’s findings, the court’s judgment is

affirmed.

I. Factual and Procedural History

{¶2} HCJFS was granted interim custody of M.S., A.S., and C.S. on July 19,

2019, via a telephone ex parte emergency order after the children, Mother, and Father

were found sleeping in a hospital waiting room. The agency filed a motion for an

interim order for custody and a complaint for temporary custody of the children 1 on

the same day. The motion for an interim order for custody alleged that the children

were dependent and their condition or environment warranted the State’s

intervention, as described in R.C. 2151.04. The complaint for temporary custody stated

that, on the date when the emergency order was granted, Mother, Father, and the

children had reportedly been sleeping in the hospital waiting room for the previous

four nights. The complaint alleged that, prior to this discovery, HCJFS had attempted

1 This case also involves V.H., an older sibling who was placed separately and eventually was

committed to the Planned Permanent Living Arrangement with HCJFS based on the parties’ agreement that the placement was in V.H.’s best interest.

3 OHIO FIRST DISTRICT COURT OF APPEALS

to contact the family after receiving a report that they were soliciting money on the

streets, but the agency could not locate the family during that time. HCJFS also

discovered that the family had been homeless since November 2018, had been staying

with family members or “sleeping in various sites the past couple of months,” and the

children reported that they had not always been able to bathe or eat. The children were

placed in HCJFS’s interim custody on August 26, 2019.

A. The Case Plan

{¶3} The case plan, filed on August 26, 2019, stated that Mother and Father

were unable to provide the basic needs for their children as they were moving the

“children from hotel to hotel, sometimes staying in their truck and parking lots.” The

case plan reflected that the parents did not understand the concerns for each child’s

cognitive delays and had not been consistent in obtaining services for them. It reported

that the parents were having the children stand on corners to ask for money until they

had enough money for the evening. The parents, therefore, were expected to obtain

stable housing and income, submit to assessments through Family Access to

Integrated Recovery (“FAIR”), follow diagnostic assessment of functioning (“DAF”)

recommendations, engage in meetings with the agency, and follow through with

services and educational needs for the children.

B. The Agency is Granted Temporary Custody of the Children

{¶4} Megan Shahan-Beck, the children’s appointed guardian ad litem

(“GAL”), supported placing the children in the temporary custody of HCJFS. The

children were adjudicated dependent on October 16, 2019, and placed in the

temporary custody of HCJFS on November 25, 2019. The magistrate found that

reasonable efforts had been made, including case management, foster care placement

of the children, DAFs, random drug screens, supervised visitation, vouchers,

4 OHIO FIRST DISTRICT COURT OF APPEALS

transportation assistance, a Mayerson Center for Safe and Healthy Children

(“Mayerson”) interview, and individual therapy.

C. The Agency is Granted its First Request for an Extension of Temporary Custody

{¶5} Paternal grandparents, who sought placement of the children but lived

in Kentucky, underwent a home study pursuant to the Interstate Compact on the

Placement of Children (“ICPC”). A June 22, 2020 entry reflected that the ICPC was

denied due to lack of space and because HCJFS had substantiated the allegations that

paternal grandfather had sexually abused M.S. and her sister V.H.

{¶6} HCJFS’s motion to extend temporary custody, filed on May 13, 2020,

was granted. The entry reflected that the children were making progress in their

respective placements. At that point, Mother and Father had completed their DAFs.

Mother was to complete a full-scale assessment, Father was to engage in individual

therapy, and both parents were to engage in parenting classes. The parents were

expected to complete their FAIR assessments and case-plan services in Hamilton

County although they lived with paternal grandparents in Kentucky. The magistrate

again made reasonable-efforts findings.

D. The January 2020 Semiannual Report and Case-Plan Updates

{¶7} A January 2020 HCJFS Semiannual Administrative Review (“SAR”)

report reflected that Mother tested positive for “recent use of marijuana” “as well as

cocaine . . . in the last 3 months.” Father could not attend his initial drug screen due to

“problems with his I.D.” and did not appear for the rescheduled screening. The agency

reported concerns with the parents’ ability to parent their children as the caseworker

witnessed them be “quick-to-anger” when the children misbehaved and “rely heavily”

on the older children and agency staff to supervise the younger children. There were

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