In Re: Adrian Williams, Cory Jordan C.A. No.20773, 20786
| Decision Date | 30 January 2002 |
| Docket Number | 02-LW-0292,20786,20773 |
| Citation | 2002 Ohio 321 |
| Parties | IN RE: ADRIAN WILLIAMS, CORY JORDAN C.A. No.20773, 20786 |
| Court | Ohio Court of Appeals |
APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN 99 10 952, DN 99 10 953
Appellant, Tiffney Jordan ("Tiffney"), appeals from the decision of the Summit County Court of Common Pleas Juvenile Division, which terminated her parental rights to her sons Cory Jordan ("Cory") and Adrian Williams ("Adrian") and awarded permanent custody to the Summit County Children Services Board ("CSB"). Appellee, Brian Kasserman ("Kasserman"), Cory's biological father, filed a cross appeal. We affirm.
Tiffney is the biological mother of four children,[1] only two are at issue in this appeal: Adrian, born May 3, 1999 and Cory, born July 12, 1991. CSB first became involved with Tiffney in May 1999, following a referral which alleged that Tiffney was abusing drugs and alcohol. Tiffney admitted to using marijuana and cocaine during her pregnancy with Adrian. After Adrian's birth, the children initially remained in her custody, and Tiffney voluntarily agreed to seek treatment at the Community Health Center ("CHC").[2]
On July 1, 1999 Tiffney was arrested on misdemeanor child endangering and domestic violence charges for striking her six year old child, Cody. Tiffney pleaded guilty to the charge of endangering children. On September 23, 1999, the trial court convicted her of endangering children. On October 8, 1999, CSB filed for temporary emergency custody of the children due to a variety of factors such as the inconsistency of Tiffney's treatment at CHC, Tiffney's relapse into cocaine use, and the fact that the family was facing eviction. The juvenile court granted emergency temporary custody and placed Adrian with a foster family and placed Cory with his maternal aunt.
On December 3, 1999, the juvenile court adjudicated the children neglected and dependent. The court placed Adrian and Cody in the temporary custody of CSB on December 23, 1999. On March 6, 2001, CSB moved for permanent custody of Adrian. CSB then moved for permanent custody of Cory on April 4, 2001. CSB moved to postpone the permanent custody hearing for six months because the biological parents were showing potential to make progress on their case plan.
On June 5, 7, 11, 26, and August 15, 2001, the permanent custody hearing was held before the trial court. Prior to the hearing, Kasserman withdrew his motion for custody of Cory. On September 5, 2001 the juvenile court awarded permanent custody of Cory and Adrian to CSB. Tiffney timely appeals and raises five assignments of error. Appellee Kasserman raises one assignment of error.[3]
In her first assignment of error, Tiffney asserts that the order awarding permanent custody of Cory and Adrian to CSB was against the manifest weight of the evidence. We disagree.
When evaluating whether a judgment is against the manifest weight of the evidence in a juvenile court, the standard of review is the same as that in the criminal context. In re Ozmun (Apr. 14, 1999), Summit App. No. 18983, unreported, at 3. In determining whether a criminal conviction is against the manifest weight of the evidence:
[t]he court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the [trier of fact] clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. The discretionary power to grant a new trial should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction.
State v. Thompkins (1997), 78 Ohio St.3d 380, 387, quoting State v. Martin (1983), 20 Ohio App.3d 172, 175.
Termination of parental rights is an alternative of last resort, but is sanctioned when necessary for the welfare of a child. In re Wise (1994), 96 Ohio App.3d 619, 624. Before terminating parental rights and awarding a moving agency permanent custody of a child, who is neither abandoned nor orphaned, the juvenile court must find clear and convincing evidence of both prongs of the statutory test: (1) that the child cannot be placed with either parent within a reasonable time or should not be placed with either parent or that the child has been in the temporary custody of the agency for more than twelve of the last twenty-two months and (2) that the grant of permanent custody to the agency is in the best interest of the child, based on an analysis under R.C. 2151.414(D). See R.C. 2151.414(B)(1); see, also, In re William S. (1996), 75 Ohio St.3d 95, 99. Clear and convincing evidence is that which will produce in the trier of fact "'a firm belief or conviction as to the facts sought to be established.'" In re Adoption of Holcomb (1985), 18 Ohio St.3d 361, 368, quoting Cross v. Ledford (1954), 161 Ohio St. 469, paragraph three of the syllabus.
Tiffney does not dispute that the first prong of the test was satisfied because Cory and Adrian had been in the temporary custody of CSB for more than twelve of the twenty-two consecutive months prior to the hearing. Her first assignment of error pertains to the trial court's finding that permanent custody to CSB was in children's best interest. When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must:
R.C. 2151.414(D)(1)-(5). Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.
Witnesses who testified at the hearing included Tiffney Jordan, Adrian and Cory's biological mother; Travis Williams, Adrian's biological father; Diane Knapp, Adrian and Cory's foster mother; Deborah Walsh, a psychologist; Kelly Tabellion, an occupational therapist; Lori Long, a counselor with the CHC; Christine Cooper, an intern with Portage Path Behavioral Health Care; Julie Dustman, a protective supervisor with CSB; Jacqueline Abrams-Rodkey, a protective unit case worker with CSB; Attorney Rex Payne, Adrian and Cory's guardian ad litem; Michellene Keppler, a friend of Tiffney; Darryal Williams, Travis's nephew; and Denise Griffin, Mr. Williams' fiancée. Based on this testimony, the following evidence was established at the permanent custody hearing.
Tiffney is a crack cocaine addict. After a referral to the CHC in February 1999, Long began counseling Tiffney. Tiffney admitted to using crack cocaine and marijuana during the first trimester of her pregnancy with Adrian.[4] In addition to providing Tiffney with various treatment recommendations, Long suggested opening a case plan with CSB. Initially, Tiffney's involvement with CSB was voluntary, meaning there was an agreement to cooperate with CSB without the need for court orders. After establishing a case plan with CSB, Tiffney admitted to a relapse. On October 8, 1999, Julie Dustman, a protective supervisor with CSB, sought a court order, removed Adrian and Cory from Tiffney and placed them in the temporary custody of CSB.
The complaint for temporary, emergency custody states that: 1) Tiffney admitted to using cocaine, entered counseling with CHC, failed to consistently comply with treatment, relapsed and failed to complete an intensive outpatient program, 2) Tiffney is three months behind in her rent and in the process of being evicted, 3) Tiffney was convicted of child endangering, in violation of R.C. 2919.22, for striking her oldest son, Cody, 4) Tiffney's son, Cory, has been tardy or missed several days of school while in the care of his mother, and 5) Tiffney failed to fill a prescription to treat Cory's recent tooth infection.
Several witnesses for CSB testified that in addition to Tiffney's substance abuse problems, she also suffers from a severe depressive disorder. Long opined that Tiffney could be successful in treatment if her mental health issues were addressed. The record reflects that Tiffney is currently taking medication to control her depression. She has also recently had her first appointment with a new counselor at Portage Path Behavioral Health Care and plans to continue seeing him for substance abuse and mental health counseling.
Adrian was 25 months old and Cory was almost 10 years old at the time of the permanent custody hearing. The record indicates that both children have been in the temporary custody of the agency for a consecutive 20 month-period. Both children are in foster...
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