In Re Nelson, Unpublished Decision (11-6-2000)
In Re Nelson, Unpublished Decision (11-6-2000)
Opinion of the Court
OPINION
Appellant Barbara Nelson appeals a judgment of the Stark County Common Pleas Court, Juvenile Division, awarding appellee Stark County Department of Job and Family Services permanent custody of her minor son, Barric Nelson:ASSIGNMENTS OF ERROR
I. THE JUDGMENT OF THE TRIAL COURT THAT THE MINOR CHILDREN CANNOT OR SHOULD NOT BE PLACED WITH APPELLANT WITHIN A REASONABLE TIME WAS AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE.
II. THE JUDGMENT OF THE TRIAL COURT THAT THE BEST INTERESTS OF THE MINOR CHILDREN WOULD BE SERVED BY THE GRANTING OF PERMANENT CUSTODY WAS AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE.
Appellant is the natural mother of Barric Nelson, born November 2, 1993. The alleged father of Barric is Roy Pryor; however, he had not established paternity as of the date of the permanent custody hearing. In December of 1998, Steven Nelson, appellant's older son, called the Canton City Police Department to report a domestic violence incident between he and his mother. The police took the children into custody pursuant to Juv. R. 6, based on concerns that appellant had returned home intoxicated and engaged in an altercation with Steven, and the condition of the home was deplorable. Police reported that the house was filthy, with garbage everywhere and feces filling the toilet, and there was no running water in the house. On December 4, 1998, appellee filed a complaint alleging that Barric was a neglected child. On March 3, 1999, the court adjudicated Barric to be neglected. Appellant's Case Plan required attendance at Quest, and follow through with treatment for drug and alcohol addiction. Her Case Plan also required attendance at the Goodwill Parenting Program, attendance at Renew to deal with domestic violence issues, and independent housing and employment. Although appellant made some effort to initiate involvement with the programs required by her Case Plan, she did not complete any of them. She was terminated from Goodwill for excessive absences, had been terminated from Renew after completing only the initial assessment, and never followed through with treatment recommended by Quest. During the pendency of the case, appellant continued to use drugs, and was incarcerated on two separate occasions. Appellant never obtained independent housing, and lived with several friends during the pendency of the case. She lived at the YWCA for a period of time. After a drug relapse, she checked herself into the Crisis Center for two weeks of treatment. However, she never followed through with recommended out-patient treatment after her release. Appellant did not maintain stable employment. In June of 1999, appellant was incarcerated for two months for theft. Appellee moved the court extend temporary custody of Barric in order to give appellant additional time to work on her Case Plan. The court granted an extension until June 4, 2000. Appellant was once again incarcerated in January of 2000, this time for possession of drug paraphernalia. In addition, on the date of the permanent custody hearing, appellant was in custody based on an outstanding bench warrant. On March 24, 2000, appellee filed for permanent custody of Barric. Following a hearing, the court found that Barric could not be placed with appellant within a reasonable time, and an award of permanent custody to appellee was in Barric's best interest.
____________ Gwin, P.J.,
Wise, J., and Edwards, J., concur
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