[Cite as In re W.V., 2024-Ohio-4446.]
IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ADAMS COUNTY
In the Matter of: : Case No. 24CA1199
W.V. : DECISION AND T.V. JUDGMENT ENTRY N.V. : M.V. : RELEASED 9/3/2024 Adjudicated Dependent Children. _____________________________________________________________________ APPEARANCES:
Brian T. Goldberg, Cincinnati, Ohio, for appellant.
Aaron Haslam, Adams County Prosecutor, and Ariana Bowles Norris, Adams County Assistant Prosecutor, West Union, Ohio, for appellee. ______________________________________________________________________ Hess, J.
{¶1} The mother of W.V., T.V., N.V., and M.V. appeals a judgment of the Adams
County Court of Common Pleas, Juvenile Division, granting permanent custody of the
children to Adams County Children Services (the “Agency”). Mother asserts one
assignment of error contending that the permanent custody award is not in the best
interest of the children. For the reasons which follow, we overrule the assignment of error
and affirm the juvenile court’s judgment.
I. FACTS AND PROCEDURAL HISTORY
{¶2} On November 9, 2022, the Agency filed complaints alleging that the children
appeared to be dependent children and requested it be granted protective supervision.
The Agency filed an amended complaint on November 21, 2022 in which it alleged that
in September 2022, it received a report from law enforcement about a domestic dispute Adams App. No. 24CA1199 2
at the residence. The complaint alleged the children’s father was charged with domestic
violence against the mother and one of the children. In October 2022, the no contact order
involving the mother was dropped but the no contact order for the child remained. The
Agency alleged that it had filed the November 9, 2022 complaint for protective supervision
to ensure that the children were safe and the father was not in the home. The complaint
also alleged that the children had previously been removed from the home in 2013 by
Williams County Children Services for drug use and drug paraphernalia. The children’s
paternal aunt had been granted custody of the children in 2014, but information had been
received that the aunt’s home was unsanitary, and the aunt had been using drugs. The
children were returned to the parents even though the aunt still had legal custody. The
Agency sought temporary custody of the children to ensure they were living in a safe
environment because the father was convicted of domestic violence on November 10,
2022.
{¶3} The juvenile court awarded temporary custody to the Agency on November
21, 2022. On January 4, 2023, the court held an adjudication hearing and found the
children were dependent and they continued in the temporary custody of the Agency. A
case plan was established for the children in which both parents were to engage in drug
diagnostic services, parent education services, mental health services, and marriage
counseling. Additionally, father was to engage in counseling for domestic violence. The
family and the children were to engage in counseling services. In March 2023, the
children’s maternal aunt and uncle filed a motion for legal custody of the children and in
May 2023 they filed a motion for interim temporary custody. Also in May 2023, the
guardian ad litem filed a report in which she recommended that temporary custody be Adams App. No. 24CA1199 3
granted to the maternal aunt and uncle. However, in July 2023 the maternal aunt and
uncle voluntarily dismissed their motion for legal custody. On November 15, 2023, the
Agency filed a motion requesting permanent custody. The guardian ad litem filed an
updated report in December 2023 in which she recommended that permanent custody
be granted to the Agency because the parents had failed to complete the case plan,
specifically they failed to submit to drug screenings.
A. Permanent Custody Hearing
{¶4} On February 27, 2024, the juvenile court conducted the permanent custody
hearing. The guardian ad litem filed a final report on that date in which she recommended
that permanent custody be granted to the Agency because the parents did not complete
the case plan objectives, “mainly random toxicology,” and the parents “have not been
visiting the children consistently” and “there have been recent positive drug screens.”
{¶5} The Agency called three witnesses. Bonnie Cooper, an employee of the
Agency testified that she served as the caseworker for the children. Cooper testified that
two of the children were in children’s homes and two were in kinship placements. N.V.
was receiving counseling services and is very intelligent and capable of making straight
A’s in school. M.V. is similarly intelligent and is active in sports. The two younger children,
W.V. and T.V., are doing well, have good grades, and have bonded in their placement.
Cooper testified that the family case plan requires the mother to attend parenting classes,
mental health counseling, and drug and alcohol counseling. Cooper testified that the
parents both completed their parenting classes. However, the mental health counseling
had not been completed and Mother only completed four out of ten appointments. There
was no evidence that either parent completed their domestic violence counseling. The Adams App. No. 24CA1199 4
mother tested positive for methamphetamines and amphetamines in March and April
2023 and positive for marijuana in February 2024. The father tested positive for
methamphetamine two weeks prior to the permanent custody hearing. However, multiple
drug screens were not completed because the parents could not be located, they
cancelled, or they were a no-show. Each parent completed only 1 random drug screen
during the entire 15 months the case has been pending. Cooper testified that Mother and
father only attended 8 of a possible 19 visitation sessions with their children. Cooper
testified that a legally secure placement for the children is needed and can only be
achieved by granting the Agency permanent custody and this would be in the children’s
best interest.
{¶6} Father testified that he and Mother own their own home, mortgage-free, and
have been actively fixing it up by painting various kids’ rooms and refinishing the floors.
He testified that he does not have a source of income but has filed for disability for back
issues. He has a driver’s license and a car, but transportation has been an issue because
the roads “down here are a lot worse than the ones that are up north.” He admitted that
he had not taken the anger management class that was required of him and that he failed
to complete the mental health counseling appointments because the health department
cancelled on him multiple times. He testified that he had been diagnosed with PTSD and
was on medication for it. Father testified that he does not see a mental health counselor.
He admitted that he failed his initial drug screening test by testing positive for marijuana
but that he had an expired medical marijuana card for his back issues. He then admitted
that he tested positive two weeks prior to the hearing for methamphetamine and Adams App. No. 24CA1199 5
marijuana. He admitted he smoked marijuana for his back issues but did not know how
he tested positive for methamphetamine.
{¶7} Father testified that his last visit with his sons was December 27, 2023. He
explained that he has not visited them since that time because “I was denied because of
the dirty test and any other one that we’ve missed before that was because we absolutely
didn’t have a ride.” Father admitted he did not visit the children in January 2024 but
explained that he had been very sick for two weeks and then had run out of gas on the
way to one of the visitation appointments. Father admitted he had not visited his sons the
entire month of February 2024 and explained that one missed appointment was due to a
death in the family – his wife’s grandmother had died. Father has a no contact order that
prevents him from visiting his daughter. He admitted that he has had a “fair share” of
problems with his wife but testified that the domestic violence case against him was for
“verbal” domestic violence. Father testified that other than failing to complete anger
management classes, he believes he has been compliant with the case plan. His desire
is for all his children to be returned home to him. Father testified that if he had more time
to work on his plan, he would get his anger management classes done, would make
himself available for drug screens, and would attend every one of his visitation sessions
with his children.
{¶8} Mother testified that she has had several positive screens for marijuana
and that she does not have a medical marijuana card. However, she testified that the
Agency was going to treat marijuana usage like alcohol and as long as she was not using
when she showed up for visitations, she would still be able to see her children. Mother
testified that she last saw her children two weeks prior to the hearing and that she talks Adams App. No. 24CA1199 6
to them almost every day on the phone. Mother admitted “I have missed quite a bit of
visits” but she explained that the Agency’s phone does not work and she could not contact
them and sometimes she does not have a ride. Mother described her relationship with
M.V. as “close” and “I know a lot about him.” Mother described her relationship with N.V.
as “close” but “she went a little stray on me . . . she’s going through so much.” Mother
also testified that N.V. has been “saying things like cussing and stuff.” Mother testified
that she has a close relationship with T.V. and W.V. Mother testified that the children did
well in school and the primary problems were occasional C’s and D’s, smoking, and
cussing.
{¶9} Mother testified that her relationship with father has improved since he
began taking medication. Mother believed that most of their disputes involved how to
punish the children, “it’s the parenting and, you know, other things like that. Drugs were
more of the issues.” For her income, Mother testified that she receives $420 from a state
program and earns additional income from a babysitting job. Mother testified that she
believes it is in the best interest of the children to come home because she believes she
has raised them well and “we’re a loving family. I want a family. I love the kids. They love
us. I will agree there’s things that I’ve done wrong, and I’ve seen that, and I fixed them.
Um, I just believe, you know, I’m a good mom.”
{¶10} Mother testified that it concerned her that her husband tested positive for
methamphetamine two weeks prior to the hearing. She admitted that she failed as well
“during this process.” Mother described the domestic violence incident that commenced
the case as a verbal altercation about whether N.V., who was grounded, would be allowed
to go to the movies. When asked about the police report stating that father “physically Adams App. No. 24CA1199 7
attacked you,” Mother testified that, “he did stop me when I went into the road, and he
grabbed hold of my daughter, too. He did stop me in the road, but it was mainly me just
saying, get off of me. And he just wanted to talk to me. There like, I had no, like, he didn’t
beat on me or anything like that.” When asked, “So at no point did he pull your hair and
hit you in the left side of the face with a closed fist?” Mother testified, “No, he didn’t” and
that the police report lied and was incorrect. Mother testified that the police were called
by her children who were upset by what they were witnessing in the yard. Mother testified
that when she and father were in “our using days” they would get into physical
altercations:
Um, well, when we were in our, using our using days, you know, he, it, it was like he’d pushed me over or, you know, stuff like that. Um, never, I’ve never been punched by this man. Um, pushed around, maybe? Yes. Never threat. Like I’ve never been personally scared of him. I’m not scared of him. Um, but yes, it has, it has gone there. But that, that day, like I said, he was holding me, and we were wrestling around. He did grab hold of my daughter by the back and she called the cops. He was scared, and so forth.
{¶11} Mother testified that she had been to prison for drug manufacturing but
denied that she had also been charged with felony child endangerment. Mother did not
have a driver’s license because it was suspended in 2020. The court asked Mother if it
was “failure to control and hit skip, leaving the scene in 2020.” Mother responded, “You
know, it was probably quite a bit, sir. I was in quite a bit of trouble then.” Mother conceded
that she was not surprised that the children felt safer at home when father was not
present, but explained, “like I said, uh, it, it was his tone in the words that were our main
thing.” Mother denied that either her or father were using methamphetamines during the
domestic dispute in 2022 which caused the case to commence. Adams App. No. 24CA1199 8
{¶12} The guardian ad litem informed the court that she turned in a report and
agrees with the caseworker that the Agency should be granted permanent custody of the
children. The main issues she saw with the case were the domestic violence problems
and ongoing drug usage.
B. Permanent Custody Decision
{¶13} In March 2024, the juvenile court magistrate issued a decision granting the
Agency permanent custody finding that the children had been in the Agency’s temporary
custody for 12 or more months of a 22-month period and it was in the children’s best
interest to be in the Agency’s custody. Mother filed objections to the magistrate’s decision
in which she argued that the magistrate erred when it found that the children could not
and should not be placed with either parent within a reasonable time. She also argued
that it was not in the children’s best interest to be placed in the Agency’s permanent
custody and that the Agency did not use diligent efforts to assist the parents to remedy
the problems. The juvenile court overruled her objections and adopted the magistrate’s
decision granting the Agency permanent custody of the children. The juvenile court found
that the children had been in the temporary custody of the Agency for 12 or more months
of a consecutive 22-month period. The court stated that “[a]s of the date of the final
hearing, Mother had not yet resolved the behaviors and issues that resulted in agency
involvement, and by her own statements needs more time. She is still residing with Father
and as she points out . . . he is not as far along in his case plan as she is.” The court also
stated that it conducted in camera interviews of the children with the guardian ad litem
and their attorney and the decision to grant the Agency permanent custody was made in
consideration of its interviews. It analyzed the best interest factors under R.C. Adams App. No. 24CA1199 9
2151.414(D)(1)(a)-(e). The juvenile court found that the parents have a history of
domestic violence but still reside together, the children have been exposed to the
domestic violence, and it has had different effects on each of the children. The court also
noted that this was not the family’s first involvement with children protective services and
noted that in 2014 a paternal aunt was granted custody of the children due to substance
abuse issues with the parents. The court found that the guardian ad litem recommended
that the Agency receive permanent custody.
{¶14} The court made findings in addressing the children’s need for legally secure
permanent placement and found:
[O]ut of 17 appointments for Mother with the Health Department she only completed 3 appointments and she no-showed 7 times. . . . Neither parent complied with the case plan objective regarding the Health Department. . . . Mother has not had contact with the children since 11/15/2023.
Mother was only present for 4 out of 12 of the agency home visits, and her last visit had been on October 13, 2023. Mother last called the agency on January 24, 2024 and the worker reported that although she returned mother’s call, she was unable to leave a message. Despite a recommendation in February of 2022 of no continued treatment, she tested positive for Benzodiazepine, methamphetamine, and amphetamines on April 19, 2023 and for methamphetamine and amphetamine on March 22, 2023. . . . A review of State’s Exhibit 2 establishes a record of failure to comply with the case planned services.
Out of a total number of 19 visits with the children, the parents only attended 8. The missed visits were primarily cancelled by the parents or failing drug screens. There was also no evidence submitted as to the ability of either parent to maintain employment.
The court found it was in the best interest of the children to grant the Agency permanent
custody. Adams App. No. 24CA1199 10
II. ASSIGNMENT OF ERROR
{¶15} Mother presents one assignment of error: “The trial court erred in
terminating [mother’s] legal custody of her four children.”
III. LAW AND ANALYSIS
A. Standard of Review
{¶16} “A reviewing court will not reverse a trial court’s judgment in a permanent
custody case unless it is against the manifest weight of the evidence.” In re C.S., 2019-
Ohio-5109, ¶ 21 (4th Dist.). We have explained:
“To determine whether a permanent custody decision is against the manifest weight of the evidence, an appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether in resolving evidentiary conflicts, the trial court clearly lost its way and created such a manifest miscarriage of justice that the judgment must be reversed and a new trial ordered.” [In re T.J., 2016-Ohio-163, ¶ 25 (4th Dist.)], citing Eastley v. Volkman, 132 Ohio St.3d 328, 2012-Ohio-2179, 972 N.E.2d 517, ¶ 20. In reviewing evidence under this standard, we defer to the trial court’s determinations of matters of credibility, which are crucial in these cases, where demeanor and attitude are not reflected well by the written record. Eastley at ¶ 21; Davis v. Flickinger, 77 Ohio St.3d 415, 419, 674 N.E.2d 1159 (1997).
In a permanent custody case the dispositive issue on appeal is “whether the trial court’s findings * * * were supported by clear and convincing evidence.” In re K.H., 119 Ohio St.3d 538, 2008-Ohio-4825, 895 N.E.2d 809, ¶ 43; R.C. 2151.414(B)(1). “Clear and convincing evidence” is “that measure or degree of proof which is more than a mere ‘preponderance of the evidence,’ but not to the extent of such certainty as is required ‘beyond a reasonable doubt’ in criminal cases and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954), paragraph three of the syllabus; State ex rel. Pietrangelo v. Avon Lake, 149 Ohio St.3d 273, 2016-Ohio-5725, 74 N.E.3d 419, ¶ 14. “[I]f the children services agency presented competent and credible evidence upon which the trier of fact reasonably could have formed a firm belief that permanent custody is warranted, then the court’s decision is not against the manifest weight of the evidence.” In re R.M., 2013-Ohio-3588, 997 N.E.2d 169, ¶ 55 (4th Dist.).
(First alteration added.) Id. at ¶ 21-22. Adams App. No. 24CA1199 11
B. Statutory Framework
{¶17} Under R.C. 2151.414(B)(1), a juvenile court may grant permanent custody
to a public children services agency if the court determines by clear and convincing
evidence that (1) any of the circumstances in R.C. 2151.414(B)(1)(a) through (e) apply,
and (2) it is in the best interest of the child. In this case, the juvenile court found that R.C.
2151.414(B)(1)(d) applied, i.e., the children had “been in the temporary custody of one or
more public children services agencies * * * for twelve or more months of a consecutive
twenty-two-month period * * *.” Mother does not dispute that the children were in the
temporary custody of the Agency for the requisite time; therefore, we must affirm the
permanent custody award unless the juvenile court’s best interest determination is
against the manifest weight of the evidence.
{¶18} R.C. 2151.414(D)(1) states:
In determining the best interest of a child * * * the court shall consider all relevant factors, including, but not limited to, the following:
(a) The interaction and interrelationship of the child with the child’s parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child;
(b) The wishes of the child, as expressed directly by the child or through the child’s guardian ad litem, with due regard for the maturity of the child;
(c) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies * * * for twelve or more months of a consecutive twenty-two-month period * * *;
(d) The child’s need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody to the agency;
(e) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child. Adams App. No. 24CA1199 12
C. Best Interests of the Children
{¶19} Mother contends that the juvenile court erred in granting permanent custody
to the Agency because it failed to consider the positive steps Mother had taken to regain
her children. She argues that she completed parenting classes and a drug and alcohol
assessment and, other than a few positive tests for marijuana, she “appeared to be
staying drug free.” She also argues that she had a vehicle and was working on getting a
valid license. She argues that placement of the children in the permanent custody of the
Agency was not in their best interest because the children will not be able to reside
together outside of the home, they were well connected to Mother, and at least two of the
four children wanted to return home to live with Mother.
1. Mother’s Progress on Case Plan
{¶20} While Mother has made some progress toward the completion of some
portions of her case plan, there were still portions which she had not completed.
Moreover, the primary goal is not simply to complete the plan, but to remedy the problems
that lead to agency involvement in the first instance.
Even the successful completion of a case plan is not dispositive on the issue of reunification. Where a parent has participated in his or her case plan and completed most or all of the plan requirements, a trial court may still properly determine that such parent has not substantially remedied the problems leading to agency involvement.
Matter of N.D., 2023-Ohio-439, ¶ 26 (5th Dist.); Matter of E.R., 2023-Ohio-1468, ¶ 45 (4th
Dist) (“a parent's case plan compliance may be a relevant, but not necessarily conclusive,
factor when a court considers a permanent custody motion”).
{¶21} Here the juvenile court properly recognized some efforts by the mother to
comply with the case plan but also properly recognized that it is “not obligated to hold the Adams App. No. 24CA1199 13
child in custodial limbo while a parent works on or promises to work on the objectives of
the case plan after the child has been in the custody of the Agency for over 462 days. A
parent’s hope to be able to adequately provide for and care for the child is speculative
and unproven.” Additionally, the juvenile court stated that the “most relevant” point is that
the “goal of a case plan is to resolve and address the behaviors and/or issues that resulted
in the agency involvement. . . . As of the date of the final hearing, Mother had not yet
resolved the behaviors and issues that resulted in agency involvement, and by her own
statements needs more time.”
2. Interactions and Interrelationships of the Children
{¶22} There is evidence to support the juvenile court’s finding that the children
have inappropriate interrelationships and interactions with their parents. Specifically, the
court found, “There is a history of Domestic Violence between Mother and Father and the
parties still reside together. The children have each been exposed to this and it has had
differing effects on each of the children.” An Agency caseworker testified that two of the
children were housed in “the children’s home and the two younger ones are in kinship
placement” and that both of the children in the home were doing well in their placement
and that one of the children was receiving counseling and medication for mental health
issues. The other two younger children are bonded in their kinship placement, are doing
well academically, and are staying out of trouble.
3. Wishes of the Children
{¶23} R.C. 2151.414(D)(1)(b) requires consideration of “[t]he wishes of the child,
as expressed directly by the child or through the child’s guardian ad litem, with due regard
for the maturity of the child.” The juvenile court stated that in considering the wishes of Adams App. No. 24CA1199 14
the children it had conducted in-camera interviews with each of the children. Additionally,
the guardian ad litem’s final report stated that the two younger children are well bonded
to their placement and “are unsure at times whether they want to remain there or be back
with Mother and Father.” The guardian ad litem believed the younger children could be
influenced by feelings of manipulation. As to the two children who were in the children’s
home, the guardian ad litem reported that they “are at the Children’s Home so there is no
‘placement’ to be bonded with” and want to be home with their parents. In the permanent
custody decision, the court explicitly referenced the guardian ad litem’s report and that
she had recommended permanent custody to the Agency.
4. Custodial History
{¶24} The juvenile court found that the children had been in the temporary custody
of the Agency for 12 months and 5 days and that none of the children had been in the
legal custody of either parent since 2014 due to legal custody being granted to a paternal
aunt in the Williams County case. The Agency caseworker testified that children were in
the Agency’s temporary custody continuously since November 2022.
5. Legally Secure Permanent Placement
{¶25} The Revised Code does not define the phrase “legally secure permanent
placement,” but “this court and others have generally interpreted the phrase to mean a
safe, stable, consistent environment where a child’s needs will be met.” In re M.B., 2016-
Ohio-793, ¶ 56 (4th Dist.). “A legally secure permanent placement is more than a house
with four walls. Rather, it generally encompasses a stable environment where a child will
live in safety with one or more dependable adults who will provide for the child’s
needs.” Id. Adams App. No. 24CA1199 15
{¶26} Evidence supports the juvenile court’s finding that a legally secure
permanent placement could not be achieved without a grant of permanent custody to the
Agency. The guardian ad litem expressed concerns that the parents had not been visiting
with the children and had recent positive drug screens. Additionally, the juvenile court
noted that out of 17 mental health counseling appointments, the mother completed only
3 appointments. Mother was also only present for 4 out of 12 agency home visits and her
last visit had been in October 2023. Both parents had repeatedly tested positive for
methamphetamine and other drugs.
{¶27} Although in her objections to the magistrate’s report, Mother urged the
court to give her more time “to continue to make efforts toward completing her case plan
to ultimately be reintegrated into the life of her children,” case law hold that “the permanent
custody statutes do not contemplate leaving children in custodial limbo for an extended
period of time while a parent attempts to establish that the parent can provide the child
with a legally secure permanent placement.” In re Z.M., 2019-Ohio-2564, ¶ 34 (4th Dist.).
“[K]eeping children in limbo is not in their best interests.” Id.
6. Factors in R.C. 2151.414(E)(7) to (E)(11)
{¶28} The juvenile court did not find R.C. 2151.414(E)(7) to (E)(11) applied.
Nothing in the parties’ briefs or record indicates they are applicable to this case.
IV. CONCLUSION
{¶29} The juvenile court’s best interest finding is not against the manifest weight
of the evidence. The Agency presented competent and credible evidence upon which
the court reasonably could have formed a firm belief that a grant of permanent custody to
the Agency was in the best interest of the children. Accordingly, we conclude that the Adams App. No. 24CA1199 16
permanent custody award is not against the manifest weight of the evidence, overrule the
sole assignment of error, and affirm the juvenile court’s judgment.
JUDGMENT AFFIRMED. Adams App. No. 24CA1199 17
JUDGMENT ENTRY
It is ordered that the JUDGMENT IS AFFIRMED and that appellant shall pay the costs.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Adams County Court of Common Pleas, Juvenile Division, to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Smith, P.J. & Wilkin, J.: Concur in Judgment and Opinion.
For the Court
BY: ________________________________ Michael D. Hess, Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.