In re T.H.

2024 Ohio 1372
CourtOhio Court of Appeals
DecidedApril 11, 2024
Docket113277
StatusPublished

This text of 2024 Ohio 1372 (In re T.H.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re T.H., 2024 Ohio 1372 (Ohio Ct. App. 2024).

Opinion

[Cite as In re T.H., 2024-Ohio-1372.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

IN RE T.H., ET AL. : No. 113277 Minor Children :

[Appeal by R.H., Father] :

:

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: April 11, 2024

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. AD22901108

Appearances:

Barbara Martincic, for appellant.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Joseph C. Young, Assistant Prosecuting Attorney, for appellee.

MICHAEL JOHN RYAN, J.:

Appellant-Father, R.H., appeals the trial court’s decision to grant

permanent custody of two of his children to the Cuyahoga County Division of Children and Family Services (“CCDCFS” or “agency”). After a considered review of

the facts and the law, we affirm.

Two children are at issue here: T.H. and Ti.H. The agency became

involved with the family in 2021 when it was alleged that the children’s mother was

abusing fentanyl and marijuana while pregnant with another child (the sibling is not

at issue in this appeal). Father had endangered the children, and Father engaged in

domestic violence against Mother.1 Mother and Father are not married, and the

children resided solely with Mother. The agency developed case plans for Mother

and Father to address issues with substance abuse, mental health, parenting, and

domestic violence. Father additionally had anger management, basic needs, and

housing as part of his case plan.

On February 1, 2022, the agency filed a complaint for abuse and neglect

requesting temporary custody of both children after Mother tested positive for drugs

while giving birth to the children’s sibling. In March 2022, the children were

adjudicated dependent and placed in the emergency custody of the agency. On April

13, 2022, the agency received temporary custody of the children. In June 2022, the

agency unilaterally stopped visitation “due to aggression and inappropriate

behaviors by [Father] during the visits” and filed a motion for an emergency change

in the case plan, citing Father’s behavior at visits with the children. According to the

agency, Father inappropriately roughhoused with his daughters to the point that his

1 Mother has not appealed the trial court’s grant of permanent custody; therefore,

the facts discussed in this case will mainly pertain to Father. behavior was referred to the agency’s sex abuse investigation unit. It was concluded

that there was not enough to substantiate that Father was “priming” or “grooming”

his daughters but that the agency should “keep a close lookout for the children.” The

agency case worker testified at a hearing on the motion that “dad had been acting

inappropriately more than once and every time we tried to address him with the

issue, dad would become irate * * * and threatening to the point that security had to

escort him several times out of the building.” The social worker further testified that

the confrontations with Father were almost “physical confrontations” and every

time he came for visits with his daughters he was “just hollering and screaming.”

The case worker’s main concern occurred on June 23, 2022, during a

visit where Father’s arm was placed in an inappropriate position relative to Ta.H.

When the case worker tried to redirect Father and pointed out his inappropriate

behavior, Father became irate and began to scream and swear at her.

According to the agency worker, security had to get involved with

Father during five visits in April and May 2022. At his last visit, in June 2022,

Father “shoulder-checked” the agency receptionist as he was leaving the building.

Despite the agency’s concerns, based on the guardian ad litem’s (“GAL”)

recommendation that supervised visits continue, the trial court determined that

supervised visitation would take place at a new location and with a new case worker.

In December 2022, the agency moved to modify temporary custody to

permanent custody. In January 2023, the trial court suspended Father’s supervised

visitation with the children after an outburst during a supervised visit with the

children.

The motion for permanent custody was heard on September 5, 2023.

CCDCFS supervisor Sarah Narine testified that the agency attempted to engage

Father in his case plan services but was unsuccessful, mainly due to Father’s volatile

behavior. Narine testified that the agency had difficulty dealing with Father:

[He] does not listen. He aggressively talks over myself or any worker or advocate that is with me. He does not want to listen or process what we’re trying to tell him to help him in regard to his case plan services. He gets verbally aggressive. * * * Yelling. There’s some cursing at times. So it’s very difficult to communicate with him.

According to Narine, Father had acted “very aggressive” with each of

the four agency workers that had been assigned to the family and exhibited volatile

behavior whenever he interacted with the agency. She testified that Father was

unable to regulate his temper and his aggression “increased” as time went on: “Once

[Father] starts on one topic, he just escalates and continues to go and there’s really

no communicating or getting through to him at that point. He does not seem to be

able to regulate his anger because it continually increases.”

Nadine testified that the agency was additionally concerned because

although Father had taken some anger management classes, it was evident he had

not benefitted from the service. In addition, the trial court assigned Father a GAL

to help him “manage courtroom behaviors.” A video from the January 2023 visit, which was played for the court,

showed that security had to intervene, and the visit was cut short due to Father’s

behavior; his behavior left both children upset, crying, and pleading for him to stop.

The family advocate assigned to the case, Amanda Whitman, testified that Father’s

behavior escalated and worsened as security removed Father from the building. She

further testified that in the weeks prior to the hearing, Father sent a barrage of text

messages to her in response to the agency’s request for a urine screen. Father sent

two series of text messages, more than 20 text messages each time, in which he

called the worker names and used other inappropriate language.

Father was referred to substance abuse services on multiple occasions

but failed to follow through with services as referred. Although Father maintained

that he had a medical marijuana card, he failed to provide sufficient documentation

to validate his claim. According to the agency, Father had not made progress in

addressing his substance abuse concerns and did not have an established sobriety

date. Father continued to test positive for cannabis, alcohol, and, at least on one

occasion, methamphetamine.

Mark Pountney, the current agency case worker, testified that there

was a civil protection order between Mother and Father; Father was the petitioner.

According to Pountney, Father failed to sufficiently engage in mental health services,

failed to demonstrate benefit from the parenting and domestic violence services he

did attend, and only recently obtained housing. Pountney testified that in all his interactions with Father, Father was

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Cite This Page — Counsel Stack

Bluebook (online)
2024 Ohio 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-th-ohioctapp-2024.