In Re Summerfield, Unpublished Decision (1-29-2001)
In Re Summerfield, Unpublished Decision (1-29-2001)
Opinion of the Court
OPINION
Jeannie Starr, the natural mother of Elijah Summerfield, a minor child, appeals a judgment of the Court of Common Pleas, Juvenile Division, of Stark County, Ohio, which terminated her parental rights in her minor child, awarded permanent custody of the child to the Stark County Department of Job and Family Services, and found Elijah is suitable for adoption. Appellant assigns two errors to the trial court:ASSIGNMENTS OF ERROR
ASSIGNMENT OF ERROR NO. 1 THE TRIAL COURT'S ORDER SHOULD BE VACATED BECAUSE THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY AWARDING PERMANENT CUSTODY OF ELIJAH SUMMERFIELD.
ASSIGNMENT OF ERROR NO. 2 THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THAT ELIJAH SUMMERFIELD CANNOT AND/OR SHOULD NOT BE PLACED WITH HIS MOTHER AT THIS TIME OR IN THE FORESEEABLE FUTURE.
The record indicates Elijah was born on June 8, 2000. The Stark County Department of Job and Family Services filed the complaint alleging dependancy and requesting permanent custody of Elijah on June 12, 2000. DJFS already had permanent custody of Elijah's two siblings, and DJFS had been working with appellant from June of 1995. The Case Plan developed by the parties required the mother obtain a psychological evaluation, obtain and maintain stable independent housing, establish the paternity of Elijah, enroll in Renew, a domestic violence program, and submit to the court the name of any appropriate relative who might be a potential adoptive parent. On August 23, 2000, the court awarded permanent custody of Elijah to DJFS.
(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.
On September 21, 2000, the trial court entered findings of fact and conclusions of law. With regard to Elijah's best interest, the court found Elijah was developing both physically and mentally in a manner consistent with his age, and had no physical or mental defect. The court found Elijah was residing in a foster-to-adopt home, where he was bonding well to his foster parents. The court noted the guardian ad litem recommended Elijah stay with DJFS. The court found Elijah is not strongly bonded to any biological parent. Appellant argues the court should have first investigated whether Elijah could be placed with a family member before granting placement with an agency, see R.C.
For the foregoing reasons, the judgment of the Court of Common Pleas, Juvenile Division, of Stark County, Ohio, is affirmed.
Gwin, P.J., Hoffman, J., and Farmer, J., concur.
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