In Re Christian, Unpublished Decision (6-17-2003)
In Re Christian, Unpublished Decision (6-17-2003)
Opinion of the Court
{¶ 2} For the reasons that follow, we disagree with appellants' arguments and affirm the judgment of the juvenile court.
{¶ 4} In May 2000, Athens County Children Services (ACCS) filed complaints in the Athens County Court of Common Pleas, Juvenile Division, asserting that Richard, Candy Sue, and Charles were neglected and dependent children. Specifically, ACCS alleged that Charles, the youngest child, was being assaulted by his older siblings and was exhibiting bruises and scratches from those assaults. ACCS also alleged that the two older children, Richard and Candy Sue, inappropriately touched one another by fondling each other's genitals. In addition, ACCS alleged that appellants were unable to control their children's behavior and that Richard assaulted his mother on several occasions, leaving bruises. ACCS sought temporary custody of the two older children and a protective supervision order for Charles.
{¶ 5} In June 2000, after the appointment of a guardian ad litem for the children and counsel for the parents, ACCS and appellants filed an agreed judgment entry finding the children to be dependent. The entry granted temporary custody of Richard and Candy Sue to ACCS and a protective supervision order for Charles. In addition, appellants were ordered to ensure that Charles would continue to receive proper medical care and attend all doctors' appointments. Further, appellants were ordered to attend counseling, undergo a drug and alcohol assessment, and follow the recommendations of the counselors.
{¶ 6} In September 2000, ACCS moved for an emergency order modifying the disposition of Charles from a protective supervision order to temporary custody to ACCS. Evidently, after consuming much alcohol, appellants had become embroiled in a verbal and physical altercation, resulting in Mrs. Christian allegedly throwing a knife at Mr. Christian, and Mr. Christian threatening to kill Mrs. Christian. Temporary custody of Charles was granted to ACCS.
{¶ 7} Case plans were filed with the juvenile court presenting the reunification of the children with their parents as the ultimate goal. The case plans set forth certain desirable changes in the family environment that would enable the return of the children to appellants' care. For example, appellants were instructed to not smoke cigarettes around their children because two of them suffered from severe asthma. Also, psychological assessments and drug and alcohol screenings were conducted on appellants. In the meantime, several review hearings were held and ACCS's temporary custody of the children was extended each time.
{¶ 8} Eventually, on December 26, 2001, ACCS filed a motion to modify the children's custody from temporary to permanent. A hearing was held on ACCS's motion, at which several individuals testified. The testimony at the hearing revealed that throughout the pendency of the custody proceedings, appellants failed to maintain steady employment, stable housing, or regularly attend mandated counseling. For example, Mr. Christian has not had full-time employment in more than two years and at the time of the hearing, Mrs. Christian had recently quit her employment as a delivery driver for a local pizza establishment. The appellants' sole source of income is a monthly social security disability payment of approximately $545 to Mrs. Christian, and they have changed residences at least eight times in the last two years. Additionally, appellants continued to routinely abuse alcohol and smoke marijuana. In fact, at one point, the juvenile court instructed appellants that if they had two consecutive drug screenings that tested negative for drugs or marijuana, the children would be returned to them for an extended thirty-day visit. However, appellants failed to meet the requirement for just two consecutive negative drug screenings.
{¶ 9} At the conclusion of the hearing, the parties submitted proposed findings of fact and conclusions of law. On January 3, 2003, the juvenile court rendered its decision in favor of ACCS, granting the agency permanent custody of the children and terminating appellants' parental rights.
{¶ 11} First Assignment of Error: "The trial court failed to adequately consider all relevant factors in making the `best interests' determination, especially whether a legally secure placement could be achieved without complete termination of parental rights."
{¶ 12} Second Assignment of Error: "Athens County Childrens Services (ACCS) failed to prove by clear and convincing evidence that it made sufficient reasonable efforts to prevent the continued removal of the child from the home."
{¶ 14} R.C.
{¶ 15} We refuse to address appellants' argument that the trial court failed to consider whether legally secure placement of the children could be obtained without the grant of permanent custody to ACCS. There is simply no evidence in the record that the trial court did not consider placement of the children without the need for terminating appellants' parental rights. See, generally, State v. Ramirez (1994),
{¶ 16} Therefore, appellants' First Assignment of Error is overruled.
{¶ 18} R.C.
{¶ 19} On its face, R.C.
{¶ 20} In the case sub judice, the juvenile court specifically found and stated in several journal entries prior to its granting permanent custody to ACCS, that the agency had made reasonable efforts to prevent the continued removal of the children from appellants' care. A perusal of the record reveals ample evidence in support of the finding that ACCS made reasonable efforts to avoid the continued removal of the children from appellants' care.
{¶ 21} Therefore, we overrule appellants' Second Assignment of Error.
Judgment affirmed.
Abele, J., and Kline, J.: Concur in Judgment Only.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.