In Re Mauzy Children, Unpublished Decision (11-13-2000)
In Re Mauzy Children, Unpublished Decision (11-13-2000)
Opinion of the Court
OPINION
Appellant Kathy Mauzy appeals the decision of the Stark County Court of Common Pleas, Family Court Division, which granted permanent custody of her minor children Jonathan and Neil Mauzy to the Stark County Department of Human Services ("SCDHS"). The pertinent history of the case is as follows: On October 31, 1997, SCDHS filed a neglect complaint regarding Jonathan and Neil. The initial concerns were that appellant and the children had been evicted from their apartment, forcing them to live in a truck, as well as allegations of drug and alcohol problems. On January 20, 1998, appellant stipulated to an amended complaint of dependency. On September 18, 1998, SCDHS filed a motion for permanent custody; however, the motion was withdrawn and SCDHS was thereafter granted an extension of temporary custody. In August 1999 SCDHS filed to change legal custody to caregiver Vicki Charles. However, this was not accomplished due to Vicki's health problems. On February 15, 2000, SCDHS filed for permanent custody. On July 14, 2000, the trial court filed its findings of fact and conclusions of law, and a judgment entry granting permanent custody of Jonathan and Neil Mauzy to SCDHS. Appellant timely appealed and herein raises the following three Assignments of Error:I. THE TRIAL COURT ORDER SHOULD BE VACATED BECAUSE THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY AWARDING THE STARK COUNTY DEPARTMENT OF HUMAN SERVICES PERMANENT CUSTODY OF JONATHAN MAUZY AND NEIL MAUZY RATHER THAN TO THE BIOLOGICAL MOTHER, KATHY MAUZY, WHEN SUCH ORDER WAS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE TO BE IN THE BEST INTERESTS OF THE CHILD. (SIC).
II. THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THE STARK COUNTY DEPARTMENT OF HUMAN SERVICES MADE REASONABLE EFFORTS AS REQUIRED BY R.C.
2151.419 TO RETURN THE CHILDREN TO THE CHILDREN'S HOME.III. THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THAT JONATHAN MAUZY AND NEIL MAUZY CANNOT AND/OR SHOULD NOT BE PLACED WITH THEIR MOTHER AT THIS TIME OR IN THE FORESEEABLE FUTURE.
Appellant's Assignments of Error all question whether the trial court's decision is supported by the manifest weight of the evidence. Appellant maintains, in her First Assignment of Error, that the trial court's conclusion that the best interests of Jonathan and Neil would be served by the granting of permanent custody to SCDHS is not supported by the evidence. In her Second Assignment of Error, appellant argues that the evidence does not support a finding that SCDHS made reasonable efforts to reunify the family as required by statute. In her Third Assignment of Error, appellant contends that the trial court's conclusion that two children could not be placed with her within a reasonable amount of time is unsupported by the evidence. We disagree with these three assertions. As an appellate court, we neither weigh the evidence nor judge the credibility of the witnesses. Our role is to determine whether there is relevant, competent and credible evidence upon which the fact finder could base its judgment. Cross Truck v. Jeffries (Feb. 10, 1982), Stark App. No. CA-5758, unreported. Accordingly, judgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed as being against the manifest weight of the evidence. C.E. Morris Co. v. Foley Construction (1978),
(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child;
(2) 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;
(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999;
(4) 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;
(5) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child.
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The trial court's written findings of fact and conclusions of law clearly reveal that the statutory "best interest" factors were duly considered. Both children, despite the length of temporary custody status, were found to be developing normally, and generally bond well with each other and with their foster family. The guardian ad litem's report further encouraged a granting of permanent custody. Although appellant, despite her limited periodic efforts to deal with her drug and housing situation, expressed good intentions and has not lost her bond with her sons, we must conduct our review mindful that "the discretion which the juvenile court enjoys in determining whether an order of permanent custody is in the best interest of a child should be accorded the utmost respect, given the nature of the proceeding and the impact the court's determination will have on the lives of the parties concerned." In re Awkal (1994),
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Our review strongly indicates, quite contrary to appellant's position, that SCDHS exercised a significant level of patience in seeking to carry out its obligations in this matter. Ongoing worker Sue Snyder ably testified as to her resolute attempts to facilitate appellant's drug treatment, including driving herself to get appellant to a Quest assessment. Despite appellant's delays in progressing on the case plan, SCDHS went so far at one point as to legally withdraw the original permanent custody motion when appellant showed some signs of willingness to work on her problems. We find no merit in appellant's position, based on the competent testimony presented by SCDHS. Appellant's Second Assignment of Error is overruled.
(1) Following the placement of the child outside the child's home and notwithstanding reasonable case planning and diligent efforts by the agency to assist the parents to remedy the problems that initially caused the child to be placed outside the home, the parent has failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child's home. * * *.
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We find the evidence introduced at the hearing supports the trial court's conclusions under R.C.
For the reasons stated in the foregoing, the decision of the Court of Common Pleas, Family Court Division, Stark County, Ohio, is affirmed.
____________________ Wise, J.
Farmer, P.J., and Edwards, J., concur.
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