The Tenth Appellate District Court of Ohio has affirmed a decision by the Franklin County Court of Common Pleas, Juvenile Branch, regarding a permanent custody case. The case involved T.B., the mother of three children, Ju.B., Jo.B., and R.B., and the Franklin County Children Services (FCCS). The court’s ruling grants permanent custody of the children to FCCS, effectively terminating T.B.’s parental rights.
Background of the Case
The case originated in October 2018 when FCCS filed complaints concerning T.B.’s children. The complaints stemmed from concerns about T.B.’s use of oxycodone, which was detected in both her and her youngest child, R.B., at the time of the child’s birth. FCCS alleged that R.B. had withdrawal symptoms and that T.B. lacked a prescription for the drug. The agency also raised concerns about the older children’s school attendance and medical appointments.
The court initially placed the children under temporary orders of protective supervision (TOPS). Ms. Victoria E. Ullman was appointed as the Guardian ad Litem (GAL) to represent the children’s best interests. However, in November 2018, the magistrate found the children dependent and placed them under court-ordered protective supervision (COPS). T.B. was required to comply with a case plan, including securing housing and employment, undergoing drug and mental health assessments, and submitting to drug screens.
Non-Compliance with Case Plan
In March 2019, FCCS sought temporary custody of the children, citing T.B.’s non-compliance with the case plan, including missed drug screens and appointments. The magistrate granted temporary custody to FCCS. In August 2020, FCCS filed motions for permanent custody, stating that T.B. had failed to meet the case plan goals, and that the children needed a permanent placement.
T.B.’s actions led to the court’s decision. Specifically, the court noted that she had not completed drug screens consistently and had tested positive for substances like suboxone, cocaine, and oxycodone. The court also highlighted her failure to complete mental health assessments and provide proof of income.
GAL Removal and Testimony
Before the trial, FCCS raised concerns about the GAL, Ms. Ullman. The agency criticized her failure to file reports and her reluctance to make recommendations regarding the children’s best interests. The court removed Ms. Ullman from her role as GAL and appointed Crysta Pierson in her place.
At the trial, FCCS presented testimony from caseworkers and Ms. Pierson. Ms. Pierson testified that the children, especially the older ones, expressed a desire to remain with their foster parents, with whom they had formed strong bonds. She also noted concerns about T.B.’s substance abuse and the children’s lack of consistent contact with her.
T.B. testified on her behalf, stating that she had achieved some progress in the case plan, including securing housing and employment. However, the court found her claims of compliance with the plan were not supported by the evidence.
Court’s Decision and Rationale
The court determined that granting permanent custody to FCCS was in the children’s best interest. The court cited the children’s strong bonds with their foster mothers and their desire to remain in their care. The court also found that T.B. had not addressed the issues that led to the children’s removal, particularly her substance abuse. The court concluded that T.B. had not complied with the case plan’s objectives or remedied the issues that initially caused the children to be placed outside the home.
The appellate court upheld the trial court’s decision, finding that it was supported by the evidence and that the trial court properly considered the factors outlined in the relevant Ohio law. The appellate court also dismissed Ms. Ullman’s appeal, which challenged her removal as GAL, stating it was moot since the court affirmed the lower court’s decision.
The court’s decision underscores the importance of parental compliance with court-ordered case plans in child custody cases. It also emphasizes the consideration of a child’s wishes and the importance of a stable and supportive home environment.