In Re Alamilla, Unpublished Decision (2-15-2001)
In Re Alamilla, Unpublished Decision (2-15-2001)
Opinion of the Court
OPINION
Appellant Monya Angel appeals the September 7, 2000 Judgment Entry of the Richland County Court of Common Pleas, Juvenile Division, which granted permanent custody of her son, Cesar Alamilla, Jr., to appellee Richland County Children Services Board (hereinafter "RCCSB").* * *
Concerning her ability to parent, it is my opinion that [appellant's] psychological problems have impaired and continue to impair her ability to parent. It is further my opinion that [appellant] poses a significant risk to her son due to her pattern of physically abusive and aggressive behavior. * * * In addition to her observed behavior, she has admitted having thoughts of killing her son and other people. * * *
In addition to her pattern of aggressive and threatening behavior, it is my opinion that she poses a significant risk to her son due to her lack of bonding with her son and her difficulty in establishing close interpersonal relationships. * * *In the spring of 1999, she told her counselor that she did not want to be attached to anyone, even her son. She also said that she would rather give up her son than take medication.
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Therefore it is my opinion that Cesar would be placed at significant risk of both physical and psychological harm if he was to return to live with his mother. * * * Dr. Karpawich's report, Exhibit 1 at pp 14-16.
A magistrate conducted a full evidentiary hearing on the motion for permanent custody on June 29, 2000. In a July 10, 2000 Magistrate's Decision, the magistrate recommended an award of permanent custody to RCCSB. Appellant filed objections to the magistrate's decision on July 24, 2000. In a September 7, 2000 Judgment Entry, the trial court overruled appellant's objections, added additional findings of fact to the magistrate's decision, and adopted the remainder of the magistrate's July 24, 2000 decision. It is from this judgment entry appellant prosecutes her appeal, assigning the following as error:
I. THE TRIAL COURT'S FINDING THAT APPELLANT COULD NOT PROVIDE AN ADEQUATE PERMANENT HOME WITHIN ONE YEAR FROM THE DATE OF THE HEARING IS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.
II. THE TRIAL COURT'S FINDING THAT APPELLANT FAILED TO CONTINUOUSLY AND REPEATEDLY TO REMEDY THE CONDITIONS CAUSING THE CHILD TO BE PLACED OUTSIDE OF THE HOME IS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.
This case comes to us on the accelerated calender. App.R. 11.1, which governs accelerated calender cases, provides, in pertinent part: (E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form.
This appeal shall be considered in accordance with the aforementioned rule.
(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. In determining whether the parents have substantially remedied those conditions, the court shall consider parental utilization of medical, psychiatric, psychological, and other social and rehabilitative services and material resources that were made available to the parents for the purpose of changing parental conduct to allow them to resume and maintain parental duties.
(2) Chronic mental illness, chronic emotional illness, mental retardation, physical disability, or chemical dependency of the parent that is so severe that it makes the parent unable to provide an adequate permanent home for the child at the present time and, as anticipated, within one year after the court holds the hearing pursuant to division (A) of this section or for the purposes of division (A)(4) of section
2151.353 of the Revised Code;
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We have reviewed the record and find there is competent, credible evidence to support the trial court's determination Cesar could not be placed with appellant within a reasonable time or should not have been be placed with appellant. In light of the facts set forth in the Statement of the Case and Facts, supra, we find the trial court's findings were not against the manifest weight of the evidence.
The September 7, 2000 Judgment Entry of the Richland County Court of Common Pleas, Juvenile Division is affirmed.
Hoffman, J. Gwin, P.J. and Edwards, J. concur
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