In re V.G.

2022 Ohio 191
CourtOhio Court of Appeals
DecidedJanuary 27, 2022
Docket110609
StatusPublished

This text of 2022 Ohio 191 (In re V.G.) 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 V.G., 2022 Ohio 191 (Ohio Ct. App. 2022).

Opinion

[Cite as In re V.G., 2022-Ohio-191.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

IN RE V.G. : No. 110609 A Minor Child : : [Appeal by M.G., Father] :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: January 27, 2022

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. AD-19908212

Appearances:

Prugh Law, LLC, and Leigh S. Prugh, for appellant.

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

EMANUELLA D. GROVES, J.:

Appellant-father (“Father”)1 appeals from the judgment of the

Cuyahoga County Common Pleas Court, Juvenile Division, granting permanent

custody of his minor child, V.G., to appellee, the Cuyahoga County Department of

1 The child’s mother, C.C. (“Mother”), is not a party to this appeal but will be referenced throughout this opinion to provide context. Children and Family Services (“CCDCFS” or “the agency”). For the reasons that

follow, we affirm.

Procedural and Factual History

On July 3, 2019, CCDCFS filed a complaint alleging that V.G., born

June 14, 2019, was an abused and dependent child as defined by R.C. 2151.031(D)

and 2151.04(B). In support of its complaint, the agency alleged the following

particulars:

1. On or about May 2, 2019, mother tested positive for benzodiazepine, morphine, amphetamines and cocaine while pregnant with child. The child tested positive for cocaine at the time of birth and has remained hospitalized due to experiencing withdrawal symptoms.

2. Mother has a chronic substance use disorder. She has been using for nearly twenty years and has not been able to maintain sobriety despite having completed substance abuse treatment in the past.

3. Mother has mental health issues that prevent her from providing a safe home for the child. Mother has multiple mental health diagnoses but is not consistently receiving mental health services. Mother displays symptoms of paranoia and confusion.

4. Mother has not been visiting the child consistently since the child’s birth and has not been able to learn how to properly address the special needs of the child due to her lack of visitation.

5. Mother does not have safe housing in which to provide for the child. Mother’s housing is deplorable.

6. [B.B.] and mother are married. However, [B.B.] is not the biological father of the child.

7. Alleged biological father, [M.G.], is aware of mother’s substance abuse and mental health issues but minimizes the concerns and would allow her to provide primary care for the child.

8. Alleged biological father, [M.G.], has failed to cooperate with efforts to determine his ability to provide primary care for the child. 9. Alleged father [M.G.] has not been visiting with the child consistently since the child’s birth and has not been able to learn to properly address the special needs of the child due to his lack of visitation.

10. Alleged father, John Doe, [M.G.] has failed to establish paternity and has failed to support, visit, or communicate with the child since birth.

Along with the complaint, CCDCFS also filed a motion for pre-

dispositional temporary custody of V.G. to the agency. After conducting a hearing,

that same day, the juvenile court granted the motion and V.G. was placed in the pre-

dispositional temporary custody of CCDCFS. On September 17, 2019, both Mother

and Father along with their respective counsel executed a waiver of the 90-day

statutory time requirement for dispositional custody.

On October 15, 2019, the juvenile court held an adjudicatory hearing,

found V.G. to be abused and neglected, and continued the matter for a disposition.

At the hearing on November 19, 2019, Mother and Father, through their respective

counsel, agreed to the request for temporary custody to the agency. Subsequently,

the juvenile court issued an entry placing V.G. in the temporary custody of CCDCFS.

The agency developed a case plan that included substance-abuse and

mental-health treatment, as well as parenting classes for Mother. The case plan also

included a parenting component for Father to address his minimization of Mother’s

substance-abuse and mental-health issues. In addition, as part of the Sobriety

Treatment and Recovery Team (“START”) program, the agency requested random

drug screening for Father. Later, the agency amended Father’s case plan to include a housing

element, based on its concerns, detailed as follows in the filing:

Father does not have stable/independent housing. Father resides in the home with Mother that currently has severe mental health. Father often is in fear of Mother cutting him off and kicking him out. Father goes back and forth on whether they reside together. Father showed an unfurnished unit beneath Mother’s with no working utilities as a residence. Father later admitted that he resided in the upstairs with [Mother].

On June 26, 2020, CCDCFS filed a motion to modify temporary

custody to permanent custody. In support of the motion, the agency submitted the

affidavit of Amber Hunter (“Hunter”), who averred, in pertinent part:

5. A case plan was filed with Juvenile Court and approved which required that mother complete substance abuse treatment and mental health counseling.

6. Mother has failed to engage in substance abuse or mental health services. Mother tested positive for amphetamines in November 2019 and has not submitted a drug screen since then.

7. During the visits with the child, Mother displayed a lack of parenting skills and erratic behavior.

8. The case plan required that Father complete parenting education.

9. Father has failed to complete parenting education. Additionally, Father lacks appropriate housing in which to provide for the child.

In response, Father filed two separate motions wherein he requested

that either V.G. be placed in his custody or that the order of temporary custody be

extended. On November 16, 2020, Father filed a motion to extend parenting time,

which the juvenile court denied following a hearing. On June 3, 2021, the juvenile

court held a dispositional hearing. Dispositional Hearing

At the hearing, CCDCFS presented the testimony of START team

worker Myrtis Rander-Walker (“Rander-Walker”), who testified that she inherited

the case after V.G. had been placed in the agency’s temporary custody. Rander-

Walker described the circumstances that led to V.G.’s removal from Mother,

including that the child tested positive for cocaine at birth and was hospitalized for

31 days with neonatal abstinence syndrome.

Rander-Walker testified that by the time she became involved in the

case, Mother was already noncompliant with the referred case plan services. In her

first contact with V.G.’s parents, Rander-Walker asked both Mother and Father to

complete a urine screen, but both failed to complete the screening. Rander-Walker

continued her attempts to get Mother to engage in the referred services, but to no

avail. Rander-Walker testified that Mother eventually advised her to cease contact

with her and that she “wasn’t allowed to come by [Mother’s] home.”

Thereafter, the only occasions that Rander-Walker saw Mother were

during the visits with V.G. Rander-Walker testified that as of the date of the hearing,

Mother had not complied with any of the referred services that were geared to effect

reunification. Mother had no documentary evidence that she engaged in either

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2022 Ohio 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vg-ohioctapp-2022.