In the Matter of S.M., Unpublished Decision (5-23-2006)
In the Matter of S.M., Unpublished Decision (5-23-2006)
Opinion of the Court
OPINION
{¶ 1} Appellant, J.M., appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, awarding permanent custody of her child, S.M., to appellee, Franklin County Children Services ("FCCS"). For the following reasons, we affirm that judgment.{¶ 2} Appellant gave birth to S.M. on August 27, 1995.1 On or about March 6, 2002, appellant's roommates called the Columbus Police Department. According to those roommates, appellant left S.M. in the apartment after they asked her to leave. The roommates took care of S.M. but called the police when appellant did not return for two days. The police took S.M. to FCCS. A day later, FCCS filed a complaint, alleging that S.M. was a neglected and dependent child and requesting temporary custody of S.M. The complaint alleged that appellant left S.M. with her roommates and did not return. It also alleged that S.M. had behavioral problems and a number of unexcused absences from school.
{¶ 3} On May 30, 2002, the trial court adjudicated S.M. a neglected and dependent child and awarded FCCS temporary custody of S.M. The trial court approved and adopted FCCS' case plan for the reunification of appellant and S.M. The plan required appellant to address various areas of concern to FCCS. Significant elements of the plan required appellant to: (1) successfully complete parenting classes; (2) undergo a psychological evaluation and comply with any recommendations; (3) maintain stable employment; (4) attend counseling; and (5) undergo a drug and alcohol assessment.
{¶ 4} Over the next year, the trial court twice extended FCCS' temporary custody of S.M., noting appellant's progress on her case plan. However, on November 21, 2003, FCCS filed a motion for an award of permanent custody of S.M. pursuant to R.C.
{¶ 5} Appellant appeals and assigns the following assignment of error:
The trial court erred in granting the Motion of Franklin County Children Services for Permanent Custody, as Mother J.M. had substantially completed her case plan, and was not given a referral for a needed psychiatric examination, which might have led to total completion of the case plan.
{¶ 6} At the outset, we recognize that parents have a constitutionally protected fundamental interest in the care, custody, and management of their children. Santosky v. Kramer
(1982),
{¶ 7} A decision to award permanent custody requires the trial court to take a two-step approach. First, a trial court must find whether any of the following apply:
(a) The child is not abandoned or orphaned or has not 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, and the child cannot be placed with either of the child's parents within a reasonable time or should not be placed with the child's parents.
(b) The child is abandoned.
(c) The child is orphaned, and there are no relatives of the child who are able to take permanent custody.
(d) 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.
R.C.
{¶ 8} Once the trial court finds that one of the circumstances in R.C.
(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child;
(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.
R.C.
{¶ 9} A trial court's determination in a permanent custody case will not be reversed on appeal unless it is against the manifest weight of the evidence. In re Andy-Jones, Franklin App. No. 03AP-1167,
{¶ 10} In connection with the first step of this analysis, the parties do not dispute that S.M. was in the temporary custody of FCCS for 12 or more months of a consecutive 22-month period ending on or after March 18, 1999. R.C.
{¶ 11} As part of the first step of this analysis, appellant contends the trial court should have found that she substantially completed the requirements of her reunification case plan. R.C.
{¶ 12} After the trial court found that S.M. had been in the temporary custody of FCCS for more than 12 months of a continuous 22-month period, it was unnecessary for the trial court to determine whether S.M. could or should be placed with either parent within a reasonable time. In re Sunderman, Stark App. No. 2004CA00093,
{¶ 13} Appellant also contends that FCCS hindered her ability to comply with her case plan by failing to schedule her a psychiatric examination. R.C.
{¶ 14} Appellant's lone assignment of error is overruled.
{¶ 15} Although appellant does not contest the trial court's finding that an award of permanent custody was in S.M.'s best interest, competent, credible evidence supports the trial court's finding. To determine whether an award of permanent custody is in the child's best interest, the trial court must consider the factors set forth in R.C.
{¶ 16} R.C.
{¶ 17} Next, R.C.
{¶ 18} R.C.
{¶ 19} Finally, R.C.
{¶ 20} The record reflects competent, credible evidence upon which the trial court could rely in determining that an award of permanent custody was in S.M.'s best interest. Accordingly, the award of permanent custody to FCCS is not against the manifest weight of the evidence.
{¶ 21} Appellant's lone assignment of error is overruled. Additionally, the trial court's award of permanent custody of S.M. to FCCS is supported by competent, credible evidence and is not against the manifest weight of the evidence. The judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, is affirmed.
Judgment affirmed.
Brown and Travis, JJ., concur.
Reference
- Full Case Name
- In the Matter Of: S.M., AKA S.M., neglected/dependent Minor, J.M.
- Cited By
- 5 cases
- Status
- Unpublished