In re N.B.

2011 Ohio 2170
Ohio Court of Appeals·Decided May 4, 2011·No. 2011-CA-6·Published

Opinion

COURT OF APPEALS

FAIRFIELD COUNTY, OHIO

FIFTH APPELLATE DISTRICT

JUDGES:

IN RE: N.B. : Hon. W. Scott Gwin, P.J.

: Hon. William B. Hoffman, J.

: Hon. Sheila G. Farmer, J.

:

:

: Case No. 2011-CA-6 :

:

: OPINION

CHARACTER OF PROCEEDING: Civil appeal from the Fairfield Court of Common Pleas, Juvenile Division, Case No. 2009-AB-8

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: May 4, 2011

APPEARANCES: For-Appellant-Meagan Barker For- Fairfield County Children’s Services

JAMES A. FIELDS JULIE BLAISDELL 117 W. Main Street 239 West Main Street Suite 206 Lancaster, OH 43130 Lancaster, OH 43130

JENNIFER HITT For-Natural Father of N.B. Guardian ad Litem AARON CONRAD 1224 W. Main Street, Ste. 201 120 ½ E. Main Street Lancaster, OH 43130 Lancaster, OH 43130

Gwin, P.J.

{¶1} Appellant-mother M.B.1 appeals the December 17, 2010, judgment entry of the Fairfield County Court of Common Pleas, Juvenile Division, which terminated her parental rights with respect to her minor child, N.B. and granted permanent custody of the child to appellee, Fairfield County Child Protective Services (hereinafter “FCCPS”).

I. Procedural History

{¶2} Appellant M.B. is the biological mother of N.B. N.B. was born on December 7, 2007.

{¶3} A motion for permanent custody was filed by FCCPS. The trial occurred on December 1, 2009, February 9, 2010, March 9, 2010, and April 22, 2010. At trial, the appellant, the agency’s caseworker Tracy Holtel, Jennifer Strunk2, appellant, and W. R.3 testified.

{¶4} The appellant became involved with FCCPS due to concerns regarding parenting issues. On November 13, 2008, the agency filed a neglect/dependency complaint. At the time of this filing, N.B. was in the custody of FCCPS based on a Voluntary Agreement for Care, signed by appellant. When the Voluntary Agreement for Care was initially put into effect, appellant was residing in Baltimore, Ohio. Also on November 13, 2008, N. B. was placed in the temporary shelter custody of Fairfield County Child Protective Services.

{¶5} Ms. Holtel testified that she went over the case plan with appellant on October 15, 2008, and appellant signed it on that day. Despite Ms. Holtel’s best efforts,

1 For purposes of anonymity, initials designate appellant’s name only. See, e.g., In re C.C., Franklin App. No. 07-AP-993, 2008-Ohio-2803 at ¶ 1, n.1. . 2 The Guardian Ad Litem 3 N.B.’s biological father. Paternity was established by genetic testing on April 7, 2009.

she could not reach appellant from October 15, 2008 until January 30, 2009. Appellant did not see N.B. for 104 or 105 days during that period. Appellant contacted Ms. Holtel on January 30, 2009 and they met on February 3, 2009. On February 3, 2009, Ms. Holtel went over the case plan again with appellant.

{¶6} The case plan listed the concerns the Agency had with appellant. The agency’s concern with appellant included parenting practices, social supports, family roles and relationships. Appellant reported that she was bi-polar and not taking her medications. The agency was also concerned that appellant was leaving N.B. with appellant’s brother who had mental health issues and unsafe housing conditions. The case plan required appellant to attend parenting classes, find a mental health doctor and take medications if prescribed, and attend mental health counseling and follow recommendations.

{¶7} Ms. Holtel set up parent education at Fairfield County Job & Family Services, but the case was closed after appellant disappeared in October 2008 through January 2009. This parent education included one-on-one time with a parenting educator and classes at Fairfield County Job & Family Services. Fairfield County Job & Family Services closed appellant’s case in the fall of 2008 so that another person could attend the one-on-one educator time.

{¶8} In February 2009, when Ms. Holtel and appellant reconnected, Ms. Holtel requested appellant get a mental health assessment before scheduling parenting classes. Ms. Holtel scheduled two intake sessions at New Horizons, but appellant never attended these sessions. FCCPS wanted to add appellant to Mid-Ohio’s psychological evaluation list, but appellant refused, stating she was retarded and did not

want to do the test. However, the agency was able to get the psychological evaluation completed on November 11, 2009.

{¶9} FCCPS also attempted to schedule counseling for appellant. However, appellant was first living in Fairfield County, then Licking County, then Muskingum County. Ms. Holtel followed up with the county counseling agencies. Appellant had her intake completed at Muskingum Behavioral Health. Her psychological evaluation took place on November 11, 2009. FCCPS received a copy of the evaluation prior to trial. Ms. Holtel testified that the opinion of the FCCPS was appellant had not complied with this aspect of the case plan.

{¶10} Ms. Holtel testified that the case plan also required that appellant obtaining and maintaining stable housing and employment or financial means to provide for herself and N.B. Housing was an issue because in the year leading up to the trial, appellant reported living with her brother in Licking County, with her boyfriend in Fairfield County, with another brother in Muskingum County, as well as living in Columbus during the time she disappeared in October 2008 to January 2009. FCCPS offered appellant the Project House, but appellant declined because she did not want to live in Fairfield County. At the time of trial, appellant was living in a one-bedroom apartment with her brother, his girlfriend, and their daughter who is approximately five years old.

{¶11} The third aspect of the case plan involved substance abuse and response to stressors. The part of the case plan called for appellant to sign up for the SAM program, which manages random drug screens. At the time of trial, appellant had not yet signed up for the SAM program.

{¶12} The agency screened appellant in October 2008 and she was negative for all illegal substances. On September 14, 2009 and September 15, 2009, appellant tested positive for marijuana and amphetamines. On October 12, 2009, appellant tested negative for all illegal substances. On November 9, 2009 and November 10, 2009, appellant tested positive for marijuana. Ms. Holtel testified that there have been multiple times where she asked appellant to take a drug screen, but appellant refused. Ms. Holtel also testified that she referred appellant to the Recovery Center for intake, but the Recovery Center has no record of appellant contacting that agency.

{¶13} On the day of the trial, appellant’s MySpace page was brought to FCCPS’

attention. On that page appeared a picture of appellant driving, and the caption under the picture is “F-ed up in this picture.” Appellant does not have her driver’s license. Appellant admitted using marijuana to celebrate her birthday.

{¶14} Ms. Holtel had a visitation referral to the agency’s Visitation Center on October 2, 2008, but it was suspended when appellant could not be located. Appellant completed orientation on February 27, 2009 and first visited N.B. on March 3, 2009. At that point, appellant had not seen N.B. for four and a half months.

{¶15} Appellant had the opportunity to visit with N.B. for one hour each week.

In March 2009, appellant had four opportunities to visit, but only visited twice. Appellant did not call to cancel, the two other visits. In April 2009, appellant did not show up for, nor did she call to cancel, the visits. Because appellant had not contacted FCCPS for several of her scheduled visits, appellant’s visitation privileges were terminated.

{¶16} Ms. Holtel made another referral to the Visitation Center, and appellant was able to visit N.B. on May 6, 2009. In May 2009, appellant visited N.B. during all four of her visit opportunities. However, in June 2009, she visited once. Appellant did not call to cancel the other three visits. Therefore, the Visitation Center again suspended appellant’s visitation privileges.

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

In re N.B., 2011 Ohio 2170 (Ohio Ct. App. 2011).

2011 Ohio 2170 (In re N.B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Aetna Life Ins. Co. v. Ward
140 U.S. 76 (Supreme Court, 1891)
Stanley v. Illinois
405 U.S. 645 (Supreme Court, 1972)
Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
United States v. Scheffer
523 U.S. 303 (Supreme Court, 1998)
United States v. Buddy Joe Barnard
490 F.2d 907 (Ninth Circuit, 1974)
In Matter of C.C., 07ap-993 (6-10-2008)
2008 Ohio 2803 (Ohio Court of Appeals, 2008)
In Re Awkal
642 N.E.2d 424 (Ohio Court of Appeals, 1994)
In Re Smith
601 N.E.2d 45 (Ohio Court of Appeals, 1991)
In Re Myers, Unpublished Decision (2-10-2004)
2004 Ohio 657 (Ohio Court of Appeals, 2004)
Seasons Coal Co. v. City of Cleveland
461 N.E.2d 1273 (Ohio Supreme Court, 1984)
In re Estate of Haynes
495 N.E.2d 23 (Ohio Supreme Court, 1986)
Miller v. Miller
523 N.E.2d 846 (Ohio Supreme Court, 1988)
In re Murray
556 N.E.2d 1169 (Ohio Supreme Court, 1990)
State v. Schiebel
564 N.E.2d 54 (Ohio Supreme Court, 1990)
In re William S.
661 N.E.2d 738 (Ohio Supreme Court, 1996)
In re William S.
1996 Ohio 182 (Ohio Supreme Court, 1996)