In Re Culp, Unpublished Decision (7-25-2005)
In Re Culp, Unpublished Decision (7-25-2005)
Opinion of the Court
{¶ 2} Jodi is the natural mother of Ciara, Jonah, and Jared Culp. She gave birth to Ciara on February 27, 1994 and to Jonah and Jared on August 27, 1996. On March 27, 2002, all three children were removed from Jodi's home. The basis for this removal was that Jodi was addicted to crack cocaine, homeless, and unable to provide the children with a stable household. Furthermore, the children had not been enrolled in school and were without proper food or clothing. Thereafter, on July 22, 2002, the children were found to be dependent and neglected and placed in the temporary custody of Children Services.
{¶ 3} Despite the fact that the children had been adjudicated to be dependent and neglected, Jodi was given weekly supervised visitation rights. However, she failed to exercise those rights. Her last visitation with the children occurred on April 9, 2002. Furthermore, Children Services was unable to locate or contact Jodi despite repeated attempts. Consequently, Children Services filed motions for permanent custody on October 25, 2002. All three motions for permanent custody were consolidated for the purposes of one hearing.
{¶ 4} The hearing for the permanent custody motions was scheduled for May 20, 2003. In the interim, Children Services discovered that Jodi had been arrested on February 16, 2003 for possession of crack cocaine. After contacting Jodi, Children Services learned that from April 9, 2002, the day of her last visit with the children, until her arrest on February 16, 2003, Jodi had been living in several different states and prostituting herself to finance her crack cocaine habit. Jodi admitted that she had made no attempt to contact or visit with her children during this time period. Jodi also informed Children Services that she wished to turn her life around and resume visitation with the children after she got out of jail. This request was denied by Children Services due to the recommendations of the children's therapist, and Children Services decided to proceed with the motions for permanent custody.
{¶ 5} At the May 20, 2003 permanent custody hearing, it was established that Jodi had not been in contact with her children since April 9, 2002. It was also established that she had not even attempted to contact her children until March 4, 2003. However, the hearing had to be continued because the State did not have all of its witnesses available to testify. During this continuance, Children Services decided to allow Jodi to participate in limited visitation with the children.
{¶ 6} Between May of 2003 and November of 2003, Jodi continued to visit with the children and started to turn her life around. She had gained employment, was remaining free of drugs, and had obtained suitable housing. Indeed, her situation had improved to such a degree that Children Services allowed her to keep the children for overnight visits and had indefinitely suspended the permanent custody motion so that Jodi could prove that she would be able to provide a suitable household for the children.
{¶ 7} However, on December 31, 2003, Jodi tested positive for cocaine and was incarcerated for violating her probation. Jodi had also tested positive for cocaine on three other prior occasions, August 26, September 29, and December 16, 2003, but her probation officer did not file a probation violation until the fourth positive test occurred. Jodi had also been kicked out of the home where she was living and had no place to stay. Because she had resumed using cocaine and would be homeless upon her release from incarceration, Children Services reinitiated the proceedings seeking permanent custody of the children.
{¶ 8} As a result, the hearing was resumed, and the trial court heard evidence from Jodi's caseworker, the children's foster mother, Jodi's probation officer, Jodi's sister, and Jodi. After hearing all of the testimony and considering the guardian ad litem's report, the trial court found that it was in the children's best interest that Children Services be granted permanent custody and that the children could not be placed with either parent within a reasonable time. Accordingly, the trial court granted Children Services' permanent custody motions. Subsequently, Jodi filed this timely notice of appeal, and all three cases were consolidated upon the sua sponte consideration of this Court. Jodi presents the following assignment of error for our review.
Assignment of Error
The trial court's decision granting Allen County Children ServicesBoard permanent custody of the minor children pursuant to Section
{¶ 9} In her sole assignment of error, Jodi maintains that the trial court's judgment was against the manifest weight of the evidence. Specifically, she takes issue with the trial court's findings that the children could not be placed with her within a reasonable time and that permanent custody was in the children's best interest.
{¶ 10} Trial courts are vested with broad discretion in determining the allocation of parental rights and responsibilities for the care of minor children. Blaker v. Wilhelm, 6th Dist. No. WD-04-003, 2005-Ohio-317, at ¶ 9, citing Miller v. Miller (1988),
{¶ 11} "This highly deferential standard of review rests on the premise that the trial judge is in the best position to determine the credibility of witnesses because he or she is able to observe their demeanor, gestures and attitude. * * * This is especially true in a child custody case, since there may be much that is evident in the parties' demeanor and attitude that does not translate well to the record."Blaker at ¶ 10, quoting In re LS,
{¶ 12} A trial court may grant a request for permanent custody if it finds that permanent custody is in the child's best interest and that the child cannot be placed with either of the child's parents within a reasonable time. R.C.
Upon consideration of all relevant factors enumerated in Ohio RevisedCode Section
{¶ 13} The trial court's findings with regard to Jonah and Jared were exactly the same with the exception that the pronoun she used above was replaced with the pronoun he.
{¶ 14} Similarly, the trial court must consider the non-exclusive list of factors in R.C.
{¶ 15} It is clear from the record that the trial court considered the factors in both R.C.
{¶ 16} The children had been in the temporary custody of Children Services for well over two years. Jodi did not even attempt to have any contact with the children from April 9, 2002 until March 4, 2003. According to R.C.
{¶ 17} After reviewing the entire record, we find that there is competent and credible evidence supporting the trial court's findings that the children could not be placed with Jodi within a reasonable amount of time and that it was in the children's best interest to grant Children Services permanent custody. Accordingly, Jodi's assignment of error is overruled.
{¶ 18} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgments of the trial court.
Judgments affirmed. Cupp, P.J., and Shaw, J., concur.
Reference
- Full Case Name
- In the Matter of Jonah Culp Alleged Dependent and Neglected Child, [Jodi Culp-Mother-Appellant], in the Matter of Jared Culp Alleged Dependent and Neglected Child, [Jodi Culp-Mother-Appellant], in the Matter of Ciara Culp Alleged Dependent and Neglected Child, [Jodi Culp-Mother-Appellant].
- Cited By
- 1 case
- Status
- Unpublished