In re Schaefer

857 N.E.2d 532, 111 Ohio St. 3d 498
CourtOhio Supreme Court
DecidedOctober 25, 2006
DocketNo. 2005-0755
StatusPublished
Cited by400 cases

This text of 857 N.E.2d 532 (In re Schaefer) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Schaefer, 857 N.E.2d 532, 111 Ohio St. 3d 498 (Ohio 2006).

Opinion

Pfeifer, J.

Factual and Procedural Background

{¶ 1} Damian Xavier Schaefer (“Damian”) was born on July 5, 2003. Ten days later, Geauga County Job and Family Services (“GCJFS”) filed a complaint in Geauga County Juvenile Court alleging that Damian was abused and dependent. Damian had been born premature and tested positive for cocaine; GCJFS alleged that his mother, appellee Amy Schaefer, used cocaine while pregnant with Damian.

{¶ 2} There is no dispute that at the initial hearing on July 24, 2003, Schaefer and Doug Morris, Damian’s father, entered pleas of “true” to GCJFS’s amended complaint, admitting that Damian was abused pursuant to R.C. 2151.031(D) and dependent pursuant to R.C. 2151.04(B) and (C). On August 1, 2003, the court placed Damian in the temporary custody of GCJFS, which placed him with a foster family.

{¶ 3} On August 25, 2003, the court adopted a case plan for both parents, requiring both to obtain and maintain stable employment, attend parenting classes, complete mental-health and drug and alcohol assessments, and follow the recommendations of the counselors. The court additionally ordered that both parents participate in individual counseling at least twice per month and joint counseling as recommended. The court determined that Damian should remain in the temporary custody of GCJFS; according to the case plan, each parent was allowed one supervised two-to-five hour visit with Damian per week. The case plan noted that none of the relatives named by the parents were available for the possible placement of Damian.

[499]*499{¶ 4} The court conducted a review hearing on December 1, 2003. In its December 3, 2003 entry, the court concluded that “the child’s parents have failed to achieve the goals in the case plan and that the child would be placed at risk if placed in the home of either parent.” Specifically, the court found that “neither parent currently has a stable home; neither parent has completed mental health assessments or drug and alcohol assessments as required by the case plan; the child’s mother has tested positive for the use of cocaine and the child’s father has refused to submit to random drug testing; there has been an incident of domestic violence between the parents this review period; neither parent has completed parenting classes that have been reasonably available to them; neither parent has. met on a regular basis with the case worker; and the child’s father has not visited with the child on a regular basis.”

{¶ 5} Another review hearing was held on March 12, 2004. In its March 15, 2004 entry, the court again determined that Damian should remain in the temporary custody of GCJFS, finding that “neither parent has made much progress in achieving the goals of the case plan.” The court’s findings included the following:

{¶ 6} “Neither parent was able to produce proof that they have maintained stable employment during this review period. * * * Neither parent has addressed in counseling past problems with their relationship which include incidences [sic] of domestic violence. Neither parent has participated in counseling on a regular basis during this review period. In the weeks immediately prior to the Review Hearing, Amy Schaefer’s attendance has become more regular. Doug Morris has not been attending counseling * * * now that he resides out of the county. It does not appear that he has made any effort to initiate counseling in the county where he resides that might be available to him at reduced cost.
{¶ 7} “Both parents have tested positive for cocaine use [during] this review period. Neither parent is actively involved in substance abuse treatment at this time.”

{¶ 8} The court held another review hearing on July 19, 2004. In its July 26, 2004 entry, the court found that “neither parent has made significant progress in achieving any goals in the case plan” and ordered that Damian remain in the temporary custody of GCJFS. Included in the court’s findings were the following:

{¶ 9} “The parents have completed age appropriate parenting classes. Visitation between parents and the child has been inconsistent due to parents being late for visitations or missing scheduled visits altogether.
{¶ 10} “Neither parent has been consistent in attending counseling appointments. They have recently begun counseling with a new counselor. Due to the limited amount of time the new counselor has counseled with the parents he is [500]*500unable to make recommendations regarding progress in counseling. Mr. Morris has not completed the recommended psychiatric assessment and neither parent is in compliance with following recommendations from Court ordered drug and alcohol assessments.
{¶ 11} “Neither parent acknowledges the issues and problems that caused them to be involved with the Court. They consistently blame others for their failure to meet the goals and objectives of the case plan.”

{¶ 12} Further, the court scheduled a permanent-custody hearing for September 15, 2004 in response to GCJFS’s July 2, 2004 motion for permanent custody.

{¶ 13} On August 24, 2004, Morris’s father, David Morris, and stepmother, Brenda, filed a motion for custody of Damian. With the approval of GCJFS, David and Brenda had been engaged in regular visitation with Damian, about once per month beginning in May 2004. The court dismissed the motion for custody because David and Brenda were not parties to the proceeding. On September 9, however, the court granted David and Brenda’s motion to intervene.

{¶ 14} The permanent custody hearing was held on September 15 and 20, 2004. The court heard from numerous witnesses regarding Schaefer’s and Morris’s progress with regard to the case plan. The court also heard testimony from Damian’s guardian ad litem, Janet Rice. She testified that Schaefer had exhibited positive parenting skills during supervised visits and that Damian responded well to her. She also testified, however, that Schaefer had failed to comply with the case plan by failing to get treatment and counseling. Rice testified that Damian had bonded with his foster family and that he was happy, expressive, and thriving under their care. She recommended that the court award permanent custody to GCJFS.

{¶ 15} The foster mother, Katie, testified that she would be willing to adopt Damian if GCJFS were given permanent custody. She testified that she and her husband have what she called a “foster-to-adopt license,” through which they agreed that if the child needs to be placed permanently, they will adopt.

{¶ 16} Damian’s paternal grandfather, David Morris, also testified at the hearing. He testified that he had not learned of Damian’s birth until February 2004. David then requested visitation with Damian; GCJFS denied visitation until it could complete a home study. After the home study, David Morris and his wife were approved for visitation.

{¶ 17} David testified that he began visitation with Damian, but that visitation was minimal due to the distance between his home in West Virginia and Damian in Geauga County. He visited with Damian once a month from May 2004 [501]*501through September 2004. The most recent two visits had taken place in Marietta so that David would not have to travel as far.

{¶ 18} In its September 30, 2004 judgment, the juvenile court granted permanent custody of Damian to GCJFS. The court wrote:

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Cite This Page — Counsel Stack

Bluebook (online)
857 N.E.2d 532, 111 Ohio St. 3d 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schaefer-ohio-2006.