In re R.M.
| Citation | 997 N.E.2d 169 |
| Decision Date | 14 August 2013 |
| Docket Number | 12CA44.,Nos. 12CA43,s. 12CA43 |
| Parties | In the Matter of R.M., M.M., D.M., B.M., Adjudicated Neglected and Dependent Children. |
| Court | United States Court of Appeals (Ohio) |
OPINION TEXT STARTS HERE
James A. Wallace, Athens, OH, for appellant.
Keller J. Blackburn, Athens County Prosecuting Attorney, Merry M. Saunders, Athens County Assistant Prosecuting Attorney, Athens, OH, for appellee.
{¶ 1} This is an appeal from Athens County Common Pleas Court, Juvenile Division, judgments that awarded Athens County Children Services (ACCS) permanent custody of R.M. (born May 2, 2006), M.M. (born July 27, 2007), D.M. (born October 27, 2008), and B.M. (born June 14, 2011).
{¶ 2} C.M., the children's natural mother and appellant herein, assigns the following errors for review:
{¶ 3} On November 3, 2010, ACCS filed complaints that alleged appellant's three children, R.M., M.M., and D.M., all with different biological fathers, were abused, neglected and dependent and requested temporary custody.1 Appellee also requested emergency custody of the children.
{¶ 4} The complaint alleged that an ACCS caseworker responded to appellant's home after receiving reports that appellant's children, then ages 4, 3, and 1, were outside and unsupervised. When the caseworker arrived at appellant's home, she observed that the home was filthy and that the one-year old child looked dirty. A few days later, the caseworker returned to the home and observed that D.M., the one-year old child, had a dirty face, that R.M.'s face and hands were covered in old Spaghetti O's, and that M.M. was naked and appeared to have old feces stains on her buttock and inner thighs. The caseworker returned to the home the next day and observed diapers with feces located in the first floor bathroom, and additional feces-filled diapers in the upstairs bathroom. In the upstairs bathroom, the caseworker also observed feces on the floor.
{¶ 5} In September 2010, ACCS received reports that appellant's children were constantly outside unsupervised, and that construction workers in the area had to be careful when operating equipment in order not to harm the children.
{¶ 6} On November 2, 2010, ACCS received yet another report that appellant's children were outside unsupervised for approximately 45 minutes in thirty- to forty-degree weather. The report indicated that the children were wearing diapers and not properly dressed for the weather (R.M. wore a pajama top and a dirty diaper; M.M. wore a shirt, thin pants, and did not have shoes; and D.M. wore only a dirty diaper). When the ACCS caseworker arrived, she discovered that appellant had been asleep in her bedroom. Appellant subsequently was arrested for child endangerment.
{¶ 7} On December 15, 2010, the trial court adjudicated the children neglected children. On January 18, 2011, the court awarded ACCS temporary custody of the three children.
{¶ 8} On June 14, 2011, appellant gave birth to her fourth child, B.M., fathered by yet another man. On June 16, 2011, the trial court awarded ACCS temporary emergency custody of the newborn child. On June 20, 2011, ACCS filed a complaint that alleged B.M. to be a neglected and dependent child. The court subsequently adjudicated B.M. a dependent child and awarded ACCS temporary custody of B.M.
{¶ 9} On June 13, 2012, appellee filed a motion to modify all four of the children's dispositions to permanent custody. On September 18, 2012, and continuing on October 12, 2012, the court held a permanent custody hearing. During the hearing, appellant asserted that the trial court lacked jurisdiction over B.M.'s case. She claimed that because she gave birth to B.M. in Kentucky, he was not an Ohio resident and an Ohio court did not have jurisdiction to issue a custody decision regarding B.M. The court delayed ruling on the jurisdictional argument to provide ACCS the opportunity to respond.
{¶ 10} Former ACCS caseworker Katie Murphy testified that she worked with appellant from August 2010 to November 2011. Murphy stated that appellant initially worked with ACCS on a voluntary basis and agreed to a safety plan. The safety plan required appellant to properly supervise the children, change the diapers when needed, and maintain a clean home. Murphy testified that ACCS referred appellant for mental health counseling, provided parent-mentor services, conducted home visits, provided transportation, and took appellant and the children to the doctor. Murphy stated that after the safety plan had been in effect for less than one week, ACCS removed the children pursuant to an emergency custody order because appellant failed to properly supervise the children.2
{¶ 11} Murphy testified that after ACCS received custody of the children, appellant lost her subsidized housing and moved in with her father and grandmother. Murphy stated that appellant continued to reside there until October or November 2011. When Murphy visited the home, she did not notice any bedrooms available for the children. Murphy stated that appellant eventually obtained HUD-approved housing that appeared to be adequate for the children.
{¶ 12} Murphy explained that ACCS developed a case plan for appellant that required her (1) to attend visits with the children, (2) to attend mental health counseling, (3) to obtain housing, and (4) to obtain her GED. Murphy testified that she attended appellant's first mental health counseling session. She later learned that appellant was prohibited from returning to the counseling center for six months. ACCS then arranged counseling services through another provider.
{¶ 13} Murphy stated that appellant did not obtain her GED during the time that Murphy worked with appellant, despite Murphy's recommendation that appellant need not complete work requirements but, instead, simply work on obtaining her GED. Murphy testified that appellant did not have work and that government benefits and food stamps were her sole source of income.
{¶ 14} Murphy also explained that appellant had problems with transportation, so ACCS arranged cab services to transport appellant to visitations with the children. Murphy stated that twice in 2011 when the cab arrived to pick up appellant, appellant was unavailable. Murphy explained that she requested appellant to sign an agreement that she would receive cab services under a probationary period and that if she missed one more transport, ACCS would revoke the services. Murphy testified that appellant nevertheless missed another cab pick-up and on March 11, 2011, ACCS terminated appellant's cab privileges. Murphy stated that ACCS reinstated appellant's cab privileges on June 21, 2011, but revoked them again on June 30, 2011. Murphy explained that she and other ACCS caseworkers provided transportation to appellant as their availability allowed.
{¶ 15} Integrated Services licensed social worker Amy Smith testified that she began working with appellant in May 2010. Smith stated that appellant initially was referred to Integrated Services for assistance finding housing. Smith helped appellant find subsidized housing after appellant lost her prior subsidized housing due to the children's removal. Smith stated, however, that the new subsidized housing depended upon appellant having custody of the children.
{¶ 16} Smith also worked with appellant to increase her “self-sufficiency, skill-building * * * her motivation, [and] her self-esteem.” Smith stated that appellant appeared engaged in the services and that appellant had looked for employment and even appeared “excited” about finding a job.
{¶ 17} Appellant testified that she initially contacted ACCS for assistance finding housing for her and the children. She further requested help to transport the children to doctor appointments. Appellant stated that ACCS caseworker Murphy helped her clean the house because appellant was unable to clean the house and supervise the three children at the same time. Appellant stated that she tried to ensure that the children would not leave the house unsupervised, but testified that the oldest child was able to open the doors. She stated, however, that the children were never left outside unsupervised for very long. Appellant explained that on the date ACCS initially removed the children, she had been upstairs cleaning and R.M., the oldest child (who was approximately four years old at the time) asked if he could go outside to retrieve his truck. Appellant told him that he could retrieve the truck as long as he came back into the house. She stated that she did not leave him unsupervised because she could see him from the upstairs window. She saw the other two children outside with R.M. and “kn[e]w that they was [sic] just going to grab that truck and bring it back in.” Appellant testified that five to ten minutes later, one of her neighbors came over and told her that ACCS “had been called because my kids were outside.”
{¶ 18} Appellant stated that she went to Tri–County Mental Health pursuant to ACCS's request. She also admitted that she missed three visits and that TCMH then placed her on probation for six months.
{¶ 19} Appellant stated that when ACCS initially removed the children, she lost her subsidized housing and moved in with her mother and grandmother. In October 2011, appellant obtained new subsidized housing where she remained for approximately nine months. Appellant explained that she eventually lost that subsidized housing because she did not have custody of the children and because ACCS did not permit home visits with the children. At that point, appellant moved in with her fiancé's family.
{¶ 20} ...
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