In re W.W.

2024 Ohio 878
Ohio Court of Appeals·Decided March 6, 2024·No. 23CA24·Published·Cited by 3 cases

Opinion

[Cite as In re W.W., 2024-Ohio-878.]

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ATHENS COUNTY

IN THE MATTER OF: : : W.W. and E.S., : Case No. 23CA24 : Adjudicated Dependent : Children. : : : : DECISION AND JUDGMENT : ENTRY : : RELEASED 3/06/2024

APPEARANCES:

Christopher Bazeley, Cincinnati, Ohio, for Appellant.

Timothy L. Warren, Athens County Assistant Prosecuting Attorney, Athens, Ohio, for Appellee.

Smith, J.

{¶1} Appellant, Jessica Smith, appeals the trial court’s decision that

granted legal custody of her two children to Donald and Rita Smith, the children’s

maternal grandfather and step-grandmother (“the grandparents”). For the reasons

that follow, we do not find any merit to Appellant’s assignments of error.

Therefore, we overrule Appellant’s assignments of error and affirm the trial court’s

judgment. Athens App. No. 23CA24 2

FACTS

{¶2} On December 13, 2022, Athens County Children’s Services

(hereinafter “Agency”) filed complaints that alleged W.W. (born December 4,

2011) and E.S. (born February 28, 2013) are neglected and dependent children.

The agency alleged that Appellant fails to ensure that the children attend school on

a consistent basis and that E.S., who has developmental issues, loses “weight and

regresses in his development when he does not attend school.” The agency further

averred that (1) E.S. has poor hygiene, (2) Appellant did not take E.S. to a doctor

to examine his “severe dry skin,” (3) Appellant’s home reportedly is not in a safe

condition, and the agency has been unable to enter the home to verify the

allegation, and (4) Appellant reportedly uses drugs. The agency requested the

court to grant it protective supervision.

{¶3} On February 8, 2023, the parties stipulated that (1) Appellant needs to

attend a school meeting for E.S and follow any recommendations, and (2) “[a]ny

unsafe people that are residing” in Appellant’s home “shall be required to move

out of the family’s home.” Athens App. No. 23CA24 3

{¶4} On March 27, 2023, the trial court adjudicated the children dependent

and dismissed the neglect allegations.1 The court allowed Appellant to maintain

custody of the children subject to the agency’s protective supervision.

{¶5} On May 12, 2023, the court granted the agency emergency ex parte

custody of the children.2

{¶6} On May 15, 2023, the agency filed a motion for emergency custody of

the children and asked the court to place them in the legal custody of their

grandparents.3 The agency alleged that (1) Appellant continues to allow an unsafe

individual to reside in her home, (2) Appellant continues to test positive for

amphetamines and methamphetamines and refuses treatment, (3) Appellant’s

“home is in deplorable conditions,” and (4) Appellant “refuses to cooperate with

the children’s medical needs and has threatened to take the children out of state.”

{¶7} On that same date, the agency filed a motion to modify the

dispositional order from protective supervision to legal custody to the

grandparents. The court subsequently granted the grandparents temporary custody

1 The court’s entry states that on February 14, 2023, it held the adjudication and disposition hearing, but the entry was not filed until March 27, 2023. 2 Other than the agency’s May 15, 2023 motion, the record does not contain any information regarding the reason for the court’s May 12, 2023 ex parte order. 3 Although the agency’s motion mentioned only the maternal grandfather, the trial court treated the agency’s request as a request to place the children in the maternal grandfather and step- grandmother’s legal custody. And at the hearing, the grandfather asked the court to place the children in his and his wife’s legal custody. Athens App. No. 23CA24 4

of the children pending a dispositional hearing regarding the agency’s motion to

modify the protective supervision order.

{¶8} On June 23, 2023, the trial court held a hearing to consider the

agency’s request to place the children in the grandparents’ legal custody.

Caseworker Melissa Stewart testified as follows. The case plan identified the

following concerns: (1) Appellant had individuals residing at her home who had

criminal backgrounds or who posed safety concerns for the children; (2) E.S had

not been attending school consistently; and (3) substance abuse. Appellant had

filed a protection order against one of the individuals residing in the home, and this

individual has since been arrested. An individual who resided in the garage is a

registered sex offender, and another individual has an open case with the agency.

Appellant reportedly has a new boyfriend, and this new boyfriend has a criminal

history.

{¶9} E.S. has Mowat-Wilson Syndrome and cannot walk independently.

He uses a walker and is being fitted for leg braces. E.S. attends a school for

special needs. Before being placed with the grandparents, he had missed around

100 days of school since the start of the school year. Since being placed with the

grandparents, E.S. has been attending school consistently and has made progress.

{¶10} Appellant’s home had a lot of clutter and debris that made it

environmentally unsafe for the children. Appellant initially declined the agency’s Athens App. No. 23CA24 5

assistance with cleaning up the home, but in May 2023, Appellant accepted help.

Stewart has been unable to assess Appellant’s current home environment. Stewart

recently made two unannounced visits, and Appellant was not home.

{¶11} Appellant continues to test positive for drugs. The agency referred

Appellant for counseling but Appellant did not believe that she needed help with

her substance abuse. Appellant stated that “she would do it just so it looks good

when she goes to court.” Appellant also stated that she would seek mental health

counseling. At the beginning of June 2023, Appellant reported that she had an

intake appointment scheduled for June 8 and that she would be receiving mental

health and substance abuse counseling through Integrated Services.

{¶12} Stewart explained that even though the court did not place the

children in the grandparents’ legal custody until the middle of May 2023, the

children had been staying with the grandparents since January 2023. Between

January and May 2023, Appellant visited the children “a few times.” Between

May 31, 2023, and the date of the hearing, June 23, Appellant visited the children

four times.

{¶13} Stewart has visited the children at the grandfather’s home. They

appear “very happy” and appear “to do well.” E.S. “has shown so much progress

inside and outside of school.” W.W. stated that “he’s liking being at his

grandparents’ home.” W.W. recognized that Appellant has some troubles and Athens App. No. 23CA24 6

stated that he might want to stay with Appellant “someday,” but for now, he would

like to remain with his grandparents. W.W. informed the agency about appellant’s

new boyfriend, Calvin, and stated that Calvin also has a drug problem.

{¶14} Appellant testified that she made an appointment at Integrated

Services, where she will be receiving substance abuse and mental health

counseling. She has moved to a different home and intends to sell her current

home. Appellant stated that she is willing to follow the case plan so that the

children can be returned to her custody.

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In re W.W., 2024 Ohio 878 (Ohio Ct. App. 2024).

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