In re S.P.

2023 Ohio 442
Ohio Court of Appeals·Decided February 15, 2023·No. 2022 AP 08 0025·Published

Opinion

COURT OF APPEALS

TUSCARAWAS COUNTY, OHIO

FIFTH APPELLATE DISTRICT

JUDGES:

IN THE MATTER OF: : Hon. W. Scott Gwin, P.J. S.P. AND M.P. : Hon. Patricia A. Delaney, J.

: Hon. Craig R. Baldwin, J.

:

:

: Case No. 2022 AP 08 0025 :

:

: OPINION

CHARACTER OF PROCEEDING: Civil appeal from the Tuscarawas County Court of Common Pleas, Juvenile Division, Case No. 20JN00231

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: February 15, 2023

APPEARANCES: For - Appellee For - Appellant

JEFF M. KIGGANS JOHN BRECHBILL TCJFS 203 Fair Ave. N.E. 389 16th Street S.W. New Philadelphia, OH 44663 New Philadelphia, OH 44663

Gwin, P.J.

{¶1} Appellant appeals the July 21, 2022 judgment entry of the Tuscarawas County Court of Common Pleas, Juvenile Division, terminating her parental rights and granting permanent custody of S.P. and M.P. to Tuscarawas County Job and Family Services (“TCJFS”).

Facts & Procedural History

{¶2} M.P. is the mother (“Mother”) of S.P., who was born on April 6, 2016, and M.P., who was born on May 11, 2020. Mother reports the fathers of children are in Guatemala.

{¶3} On October 14, 2020, TCJFS filed a complaint for neglect and dependency with regards to S.P. and M.P. The complaint alleged, in part: police were called to the home; at the home, the police encountered an intoxicated man who allegedly knew nothing about the children being there; the police determined the children were locked in an upstairs bedroom; the police broke down the door because it was padlocked from the outside and the intoxicated man did not have a key; there were multiple empty beer cans in the room and two opened beer cans within the reach of S.P.; Mother reported she went to the store to get milk, however, this version of events was not consistent with the observed situation; and it appeared Mother and her friends were heading to a lake.

{¶4} The trial court held an adjudicatory hearing on December 7, 2020. In a December 18, 2020 judgment entry, the trial court found S.P. and M.P were neglected and dependent children pursuant to R.C. 2151.03 and R.C. 2151.04. Further, the trial court found TCJFS used reasonable efforts to prevent the removal of the children from

Tuscarawas County, Case No. 2022 AP 08 0025 3

the home. The trial court granted temporary custody of the children to TCJFS. Attorney Tara-Wright Timberlake was appointed the guardian ad litem (“GAL”) for the children.

{¶5} The trial court conducted a review hearing on March 1, 2021. In a March 4, 2021 judgment entry, the trial court found it was in their best interest for the children to remain in the temporary custody of TCJFS. Further, that TCJFS made reasonable efforts to avoid the continued removal of the children. Specifically, that the caseworker met with Mother monthly, and the agency set up an interpreter to assist with completing the case plan services.

{¶6} TCJFS filed a motion to extend custody for six months on September 3, 2021, requesting that Mother be allowed additional time to complete her case plan. The trial court granted the motion to extend.

{¶7} The trial court held additional review hearings on April 19, 2021 and October 4, 2021. In judgment entries after each review hearing, the trial court found TCJFS made reasonable efforts to prevent the continued removal of the children from the home. The court specifically found these reasonable efforts included: assisting in case plan services, monitoring Mother’s progress, and providing interpreters to assist in the case plan.

{¶8} TCJFS filed a motion for permanent custody of S.P. and M.P. on March 8, 2022.

{¶9} The motion outlined the issues remaining with Mother, including: failure to meet with her individual counselor since October, refusal by Mother to answer the door or take calls from the individual counselor, serious concerns about Mother’s ability to care for the children, Mother’s testing positive for alcohol when arriving for visits with the

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children, Mother’s lack of attachment to the children, Mother’s inability to feed or change her children, and Mother’s lack of taking responsibility for her actions.

{¶10} On April 6, 2022, Mother filed a motion to extend temporary custody.

{¶11} The trial court held a trial on July 12, 2022 on all pending motions.

{¶12} Malissa Cantarero (“Cantarero”) is the ongoing caseworker for S.P. and M.P. The initial concern that led to the removal of the children was a report that the children were left alone in the home, padlocked in a room. When agency staff arrived, the children were in a room with a padlock on the outside of the door. The adult present in the home was extremely inebriated, and stated he did not have a key to the room. He reported that Mother had left with friends; when Mother was interviewed, she stated she was at the store buying milk for the children. Since December 8, 2020, the children have been in the continuous temporary custody of TCJFS, which is more than twelve out of the previous twenty-two months.

{¶13} Cantarero testified as to Mother’s case plan. The plan required Mother to:

attend and successfully complete parenting classes at an agency approved provider, complete a drug and alcohol assessment and follow recommendations including alcohol and drug screening, complete a psychological assessment at Lighthouse Family Center and follow all recommended treatment, maintain employment, and maintain appropriate housing.

{¶14} Mother has maintained employment throughout the case. Until April of 2022, Mother lived with another family in a house filled with cockroaches. In April of 2022, Mother moved into a nice apartment with her sister with appropriate rooms for the children.

{¶15} Mother completed the drug and alcohol assessment on March 18, 2021.

Mother was referred to individual counseling, which she initially attended. Mother started with one counselor, but was transferred to another counsel when Mother started the parenting classes because the agency was trying not to overwhelm Mother. The new counselor was able to visit Mother at her home, and the new counselor spoke Spanish. However, Mother did not successfully complete the counseling portion of the case plan because the last contact the counselor had with Mother was in October of 2021.

{¶16} Mother underwent saliva drug screening with Cantarero. Mother tested positive for alcohol on November 10, 2021, March 17, 2022, March 31, 2022, April 30, 2022, and July 5, 2022.

{¶17} Mother completed the psychological evaluation in the spring of 2021, with the help of a K’iche’ interpreter provided by the agency. Mother was diagnosed with other specified personality disorder, detached introverted attachment difficulties, and intellectual disabilities.

{¶18} Mother attended Goodwill parenting, but she did not successfully complete the class. Cantarero stated a Spanish interpreter was with Mother during each class and the class curriculum was altered to fit Mother’s specific needs, but there were serious concerns as to Mother’s ability to provide or care for the children. Specifically, during each class and during the discharge session, Mother maintained that while she did what the complaint alleged, she did not do anything wrong and did not know why the agency was involved.

{¶19} Cantarero witnessed visitation between Mother and the children during the parenting classes and during visitation at the agency. Cantarero testified Mother

Tuscarawas County, Case No. 2022 AP 08 0025 6

struggles to interact with the children, and that she has no real attachment to either child. Cantarero does not believe the language barrier has anything to do with her lack of attachment to the children, as Mother would not even hug the children or play with them. At the time of the permanent custody hearing, Mother was not visiting with the children because her visits were suspended due to testing positive for alcohol during visitation.

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In re S.P., 2023 Ohio 442 (Ohio Ct. App. 2023).

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