In re J.H.
| Decision Date | 25 August 2021 |
| Docket Number | C-210277 |
| Parties | IN RE: J.H. and B.W. |
| Court | Ohio Court of Appeals |
Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded
Anzelmo Law and James A. Anzelmo, for Appellant Father, W Edward Clore PLLC and W. Edward Clore, Guardian Ad Litem for J.H and B.W.,
Jon R Sinclair, for Appellee Mother,
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Nicholas C. Varney, Assistant Prosecuting Attorney, for Appellee Hamilton County Department of Job and Family Services.
{¶1} Appellant father appeals the decision of the Hamilton County Juvenile Court adjudicating J.H. and B.W. abused, neglected, and dependent, and granting permanent custody of J.H. and B.W. to the Hamilton County Department of Job and Family Services ("HCJFS"). For the reasons discussed below, we affirm the juvenile court's judgment in part, reverse the judgment in part and remand the cause for further proceedings consistent with this opinion and the law.
{¶2} This case has an extensive history dating back to July 6, 2018, when the juvenile court magistrate entered an emergency ex parte order placing J.H. and B.W. in the custody of HCJFS. HCJFS then filed a complaint for interim custody on July 9, 2018. This complaint was subsequently amended eight times over the course of the proceedings. Father was appointed four different public defenders due to difficulties working with appointed counsel and a guardian ad litem was also appointed to represent father's interest.
{¶3} The trial court adjudicated J.H. and B.W. neglected and dependent on September 5, 2019; however, the original complaint was ultimately dismissed on August 5, 2020, after the juvenile court found that the time had expired to begin the dispositional phase of the hearing. That same day, HCJFS filed a new complaint for permanent custody and a motion for interim custody of J.H. and B.W. The juvenile court granted the motion and awarded interim custody to HCJFS.
{¶4} On November 2, 2020, HCJFS filed a motion to dismiss the August 5, 2020 complaint since the time for the dispositional hearing had yet again expired. HCJFS also filed a new complaint for permanent custody and motion for interim custody that same day. On November 3, 2020, the juvenile court granted the motion to dismiss the August 5, 2020 complaint and granted HCJFS's motion for interim custody.
{¶5} Trial on the adjudicatory phase began on January 19, 2021, and concluded on January 21, 2021. Bifurcation of the dispositional phase was waived, and the dispositional hearing was held at the conclusion of the adjudicatory hearing on January 21, 2021.
{¶6} The juvenile court heard testimony from father, mother Alison Campbell-the original HCJFS assessments case worker assigned to the case-Emily Luti-a HCJFS case worker who had case responsibility starting in October of 2019-and Dr. Emily Davis, a licensed psychologist with the Court Clinic Forensic Services Center who received referrals from Family Access Integrated Recovery ("FAIR").
{¶7} Father testified that the children were primarily residing with him until the time when HCJFS became involved. He stated that he had not lived with mother since the end of 2016, but that she would still "stop by" sometimes. He testified that they had a "fairy tale" relationship and that he supported her financially and tried to tell her to do the right things. When asked about allegations of domestic violence, he responded, He referred to photographs taken at a hospital of mother "beaten up" after the children were removed and denied causing the injuries to mother in those photos. After the photos in question were shown to father, he claimed that HCJFS caused mother to get "beat up" by telling people that mother was trying to get her friend's children taken away.[1] He denied the claim that he was keeping mother's medicine, social security card, and birth certificate from her. He asserted that mother was making up stories to get the children taken from him. He testified that, despite anything, he is going to be there for the children and be the best parent that he can be.
{¶8} Father's last visit with the children was in December of 2018. He asserted that his visits were stopped because he was told not to ask the children about "anything" and then subsequently attempted to ask the children if they were being sexually abused. He contended that he asked these questions because the children exhibited behavior that caused him to believe they were being sexually abused: J.H. allegedly covered father's mouth until it was difficult for him to breath and B.W. allegedly whispered in father's ear in a sexual manner. The children were then removed from the visitation area, and he was escorted out by a sheriff. Around five months later, father was convicted of telecommunications harassment after he got a "little too accusatory." Father asserted that he was found to be incompetent by the court clinic in the criminal case and was sent to Summit Behavioral for 38 days. He alleged, however, that he was not actually incompetent and expressed that he believed he was sent there because HCJFS wanted to silence him. He claimed that HCJFS was in a "conspiracy to commit child abuse" and alleged that he had HCJFS workers on tape saying they were allowed to sexually abuse children. He asserted that these statements were made after the children displayed signs of touching each other "on their private spots."
{¶9} Father stated that he was asked by HCJFS to complete a diagnostic assessment with FAIR. He testified that he "went there" and then also completed eight months of counseling at Talbert House. He felt the counseling was not going anywhere so he enrolled in "parenting class and stuff in Clermont County. He was also asked by HCJFS to do an assessment with the YWCA. He claimed that he waited for an appointment for six months but was ultimately walked out of the appointment after being told that "JFS is for women." He denied that the YWCA ever asked him to complete a lethality assessment[2] Father testified that he was currently living in the home of a 58-year-old man that he met at a church outreach program. He denied having a lease or contract to live there. He asserted that he was receiving unemployment compensation and paid five hundred dollars a month in rent.
{¶10} Mother testified that she was 15 years old when she became involved with father and 17 years old when she became pregnant with J.H. She claimed that father was either 32 or 34 years old at the time. She asserted that she was assaulted by father many times over several years, and that the children were present during all of those altercations. She also alleged that father assaulted her several times after the children were taken from her. She testified that father caused the injuries depicted in the photographs taken of her at the hospital during the pendency of the case and, after being shown the photographs, confirmed that the photographs accurately portrayed her injuries. She denied father's assertion that her friend caused the injuries. She testified that she was living with father when the children were removed but is now living in Minnesota to get away from father.
{¶11} Alison Campbell testified that she had many personal conversations with father. This included a conversation with father about her concerns with the injuries depicted in the photographs. She alleged that father told her that someone named Rae broke into the hospital and assaulted mother; however, she confirmed that this was not true and that no one broke into the hospital. She also met with mother who indicated that father was the one who had assaulted her. Mother additionally told her that father had her medication, birth certificate and social security card and refused to give any of them to her. When she talked to father, he denied any accusations of domestic violence and denied any accusations that he was controlling mother. Father also told her that he did not know mother was underage when they started dating. HCJFS was concerned with father's violence and requested that father complete a FAIR assessment and referred father to the YWCA for an assessment regarding the domestic violence. She could not recall if father completed the FAIR assessment but knew that father did not complete the YWCA assessment while she was involved in the case.
{¶12} Emily Luti testified that father did not sign a valid release of information for HCJFS until December of 2020, so she was unable to successfully verify if father completed any services or made progress in any services. She asserted the YWCA assessment was never completed. The YWCA listened to voicemails that father left for mother leading up to the scheduled appointment and felt that father was best suited for the Transform Program. She alleged that father attended the orientation for this program; however, his behavior during the orientation caused him to be removed from the YWCA. The YWCA requested that father complete an updated lethality assessment before he would be allowed to return. She asserted that father did not continue with any domestic-violence services. She talked to father about her concerns with his violence; however, father denied being violent with mother. She talked to mother about the injuries in the photographs and mother confirmed that it was father who caused the injuries.
{¶13} Luti testified that father did complete a mental-health assessment in October of 2018 and an...
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