In the Matter of Kasper Children, Unpublished Decision (6-30-2000)
In the Matter of Kasper Children, Unpublished Decision (6-30-2000)
Opinion of the Court
OPINION
Appellant April Kasper appeals from the June 29, 1999, Judgment Entry of the Stark County Court of Common Pleas, Family Court Division finding Adam Kasper, Chad Kasper and Eric Kasper to be dependent children pursuant to R.C.STATEMENT OF THE FACTS AND CASE, Appellant April Kasper is the mother of Eric Kasper (DOB 10-27-84), Adam Kasper (DOB 4-1-96), and Chad Kasper (DOB 10-23-91). On February 26, 1999, the Stark County Department of Human Services (SCDHS) filed a complaint in the Stark County Court of Common Pleas, Juvenile Division, alleging that the three Kasper children were neglected and/or dependent children. The complaint requested that temporary custody of the three children be granted to SCDHS. At the time the complaint was filed, Eric Kasper already had been placed in the temporary custody of SCDHS by the Canton Police Department pursuant to Juvenile Rule 6. After a shelter care hearing, which was held the same day that the complaint was filed, temporary custody of the three children was granted to SCDHS. Subsequently an evidentiary hearing before a Magistrate commenced on May 21, 1999. The following evidence was adduced at the hearing. As is stated above, on February 26, 1999, SCDHS filed a complaint alleging that Eric, Chad and Adam Kasper were dependent and/or neglected children. SCDHS became involved after Eric Kasper, appellant's oldest son, contacted the SCDHS and informed them that he was afraid to go home. At the time the complaint was filed, appellant had been living with her three sons for over thirty days in the Coleman Family Shelter, which has a thirty day limit on stays. Tony Townsend, a housing support specialist with the YWCA who was assigned to help appellant find permanent housing, testified at the hearing that ". . . I seen her [appellant] one day pass my office so we brought her in and I told her, you know, it was past the 30 days and I'm telling her, you know, we really need to get you out of this place you know, you need to contact, you know,-we really need to get together so we can get you out of this shelter because I was, you know, just starting on the job, I felt kind of pressured and that here's my first client went over the 30 days, . . . and she wasn't cooperating with me." Transcript of Proceedings at 10. Although appellant claimed at the May 21, 1999, hearing to have found permanent housing, Townsend was never able to verify such claim. In addition, Cathryn Haskell, an intake worker with SCDHS, testified at the hearing that she has never been able to confirm whether or not appellant, who admitted to having been evicted in the past, has housing. Appellant herself testified at the May 21, 1999, hearing that she was "going to be homeless." Transcript of Proceedings at 43. George Kasper, appellant's father, also testified at the May 21, 1999, hearing. Mr. Kasper, who testified that he saw the three children almost daily, testified that he saw bruises on Chad's and Adam's arms and legs. Mr. Kasper also voiced his concerns that appellant's three children were not receiving proper nutrition, were not properly dressed, and were frequently absent from school. According to Mr. Kasper, "[s]ome of the things I seen in their lunches that their mother did pack, I wouldn't have ate `em myself." Transcript of Proceedings at 23. For this reason, Mr. Kasper delivered meals to the children every day at their school. While appellant claimed that she was estranged from her father, not only did Mr. Kasper pay for his three grandsons' private education after appellant failed to pay their tuition bills, but the school only had Mr. Kasper's number as an emergency contact for the children. Cathryn Haskell, a SCDHS intake worker, also testified at the hearing. Haskell, who became involved with the Kasper children after receiving concerns about emotional and/or physical abuse, testified that she observed bruises on Eric's left arm. Appellant herself admitted at the hearing to striking Eric with a brush. Haskell further testified that on February 25, 1999, Eric called her "just crying and saying, I can't take this anymore." Transcript of Proceedings at 77. As of February 25, 1999, Eric had called Haskell at least five or six times. Every time Haskell saw Eric, "there were more injuries on him, bruises on him." Transcript of Proceedings at 78. Haskell has never been able to confirm whether or not appellant has housing. At the conclusion of the dependency hearing and pursuant to an order filed on May 24, 1999, the Magistrate found appellant's three children to be dependent children under R.C.
THE RULING OF THE TRIAL COURT FINDING DEPENDENCY WAS AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE.
The judgment of the Stark County Court of Common Pleas, Family Court Division is affirmed.
___________________ Edwards, J.
By Edwards, J. Gwin, P.J. and Wise, J. concurs
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