In re J.B.

2022-Ohio-1529

In the Matter of: J.B., Adjudicated Dependent Child.

No. 21CA12

Court of Appeals of Ohio, Fourth District, Jackson

May 4, 2022

Autumn D. Adams, Adams Legal, LLC, Toledo, Ohio, for appellant.

Justin Lovett, Jackson County Prosecuting Attorney, and William L Archer, Jr., Special Assistant Jackson County Prosecutor Jackson, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

Michael D. Hess, Judge

{¶1} B.B. ("Mother"), the mother of J.B., appeals from a judgment of the Jackson County Court of Common Pleas Juvenile Division granting permanent custody of J.B. to Jackson County Job & Family Services (the "Agency"). In her first assignment of error, Mother contends the juvenile court committed plain error when it denied a motion to intervene filed by J.B.'s paternal grandmother. Even if Mother had appellate standing to make this argument, and even if the juvenile court committed an obvious error, Mother has not shown that it affected her substantial rights, i.e., that there is a reasonable probability that the error affected the outcome of the permanent custody hearing and thus resulted in prejudice. Therefore, she has not demonstrated plain error, and we overrule the first assignment of error.

{¶2} In her second assignment of error, Mother contends the permanent custody decision was against the manifest weight of the evidence. However, after weighing the evidence and all reasonable inferences and considering the credibility of the witnesses after according the requisite deference to the juvenile court's determinations, we conclude that the court did not clearly lose its way or create a manifest miscarriage of justice. Therefore, we reject Mother's argument and affirm the juvenile court's judgment.

I. FACTS AND PROCEDURAL HISTORY

{¶3} On July 23, 2019, the Agency filed a complaint alleging that J.B., d.o.b. 10/21/18, was a neglected and dependent child. The complaint stated that the Agency received information that Mother went to jail and left J.B. with his maternal grandmother, who was allegedly using methamphetamine. The complaint identified F.S., Jr., as the child's putative father. The Agency sought a disposition of temporary custody.

{¶4} On August 22, 2019, the juvenile court conducted a pretrial at which Mother appeared but F.S., Jr., who had not yet been served, did not appear. Mother agreed to a voluntary safety plan with the Agency for the placement of J.B. On October 4, 2019, the court conducted an adjudicatory hearing at which Mother and F.S., Jr., appeared; however, F.S., Jr., left before the hearing. Mother stipulated J.B. was a dependent child and agreed to a disposition of temporary custody to the Agency, which would place the child with J.C.^[1] The court instructed those who appeared at the adjudicatory hearing that they did not have to appear at the October 11, 2019 dispositional hearing but gave F.S., Jr., a chance to do so. He did not appear. On October 16, 2019, the court issued an entry adjudicating J.B. a dependent child and awarding temporary custody to the Agency. On October 30, 2019, the court issued an entry adopting its adjudicatory orders as dispositional orders.

{¶5} On January 23, 2020, the court conducted a review hearing at which F.S., Jr., appeared but Mother did not because she was in jail. In an order related to the hearing, the court noted that another possible father had been named and ordered F.S., Jr., to submit to genetic testing. The court also noted J.B. was still in the Agency's custody, placed with J.C., and "doing well" in his placement. However, on January 30, 2020, the Agency gave notice that on the day of the review hearing, it moved J.B. to foster care. Subsequently, genetic testing revealed a 0% probability that F.S., Jr., was the child's biological father, and the court dismissed him as a party. The court added the other possible father, C.H., J.C.'s son, as a party, and ordered him to submit to genetic testing. On July 10, 2020, the Agency filed a DNA test report indicating a 99.999997% probability of paternity, and the court later found C.H. was J.B.'s biological father.

{¶6} On September 22, 2020, Mother moved the court to let J.C., then known to be J.B.'s paternal grandmother, intervene. The juvenile court summarily denied the motion. On March 10, 2021, a handwritten letter J.C. wrote to the court was filed, which stated, among other things, that she "would like to intervene."

{¶7} On March 17, 2021, the Agency moved for permanent custody, and on May 5, 2021, the court conducted a hearing on the motion. C.H. did not appear but Mother did. Mother's attorney observed that it appeared J.C. filed a motion to intervene on March 10, 2021, that there was a "previous motion" filed on Mother's behalf by her former attorney, and that "[t]here may have been a ruling on that" but not on the March 10, 2021 motion. Mother's attorney stated that it was her "understanding that the paternal grandmother would like to have legal custody of this child at this time, which would be in the best interests of my client." The judge explained that he had seen "the prior request" and "denial from [his] predecessor of that request" and that he had "no intention of entertaining the new motion" and "issuing a ruling on that" because the issue had "already been ruled on previously."

{¶8} Kristin Butts, social services supervisor at the Agency, testified that she initially acted as a supervisor in this matter but has been the ongoing caseworker since February 2020. Butts testified that Mother was incarcerated from around May 2019 to late June or July 2019 and left J.B. in the care of his maternal grandmother, T.B., who used drugs. Butts testified that the Agency has had temporary custody of J.B. since October 4, 2019. The Agency initially placed him with J.C. but moved him to a foster home on January 23, 2020, because C.H. was residing at J.C.'s home "on and off," "insisted" her residence was his residence, and "would not provide another residence." The Agency also had concerns about drug activity happening around the home "through" C.H.

{¶9} According to Butts, Mother's case plan required that she complete a drug and alcohol assessment and follow treatment recommendations, submit to drug screens, complete parenting classes, maintain a residence and employment, and engage in mental health counseling. Butts testified about Mother's failed efforts to complete substance abuse treatment and mental health counseling. Mother did not complete parenting classes. She typically kept in contact with Butts and attended weekly supervised visits with J.B. unless she was in inpatient treatment, incarcerated, or precluded from visiting due to the COVID-19 pandemic. Mother was incarcerated from December 5, 2019, to February 15, 2020, and for about ten days in April 2021. Mother's interactions with J.B. had "been a lot better recently." However, the Agency could not expand visitation due to Mother's drug screens and lack of a valid driver's license and insurance. Mother was "employed for periods" but had been unemployed since the Agency moved for permanent custody. Mother had an apartment but lost it and moved in with T.B. about a month or two before the permanent custody hearing C.H. told Butts he did not want to have contact with J.B. or be part of the case plan.

{¶10} Butts testified that J.B. needed a legally secure permanent placement and that if the Agency received permanent custody, its goal would be to find an adoptive family for him. Butts testified that J.B. appeared to be bonded to his foster family. His foster parents and a backup caregiver were interested in adopting. The Agency had explored relative placements as an alternative to a grant of permanent custody. Butts testified that T.B. was not an option due to a felony conviction. Mother often expressed that she wanted J.B. to return to J.C.'s home. However, Butts testified that J.C. was not an option because C.H.'s address of record was still J.C.'s address, and J.B. "cannot be placed where he is" under the Agency's placement criteria. Butts also indicated that the Agency had concerns about activity that occurred in J.C.'s home during C.H.'s youth. Butts admitted that she never went to J.C.'s home after J.B. was removed from there. However, she spoke to C.H. about his living arrangements in 2020, right after his paternity was established, and C.H. said, "I stay with this girl or that girl or with [J.C] depending on if the girl I'm with will let me stay." And since then, each month, Butts made unsuccessful efforts to follow up with C.H., who had a warrant out for his arrest at the time of the permanent custody hearing. About a month or two before the permanent custody hearing, Mother suggested placement with J.B.'s great aunt, D.M., who previously had Mother's sister in her care. Butts testified that D.M. never contacted her about wanting such a placement and that once the Agency moves for permanent custody, it "typically" does not "go backwards and look for placement with another relative." However, if the Agency receives permanent custody, it considers whether there is an appropriate relative to adopt the child.

{¶11} Laura Rippeth, a social service worker at the Agency, testified that she supervised some visits between Mother and J.B. At a March 8, 2021 visit, Mother had scabs and sores on her face and agreed to do a drug a screen. Rippeth asked Mother if it would be positive since all of her screens since August 2020 had been positive. Mother thought "it would be clean" but admitted to using methamphetamine the week before. The drug screen was positive. Rippeth testified that she observed sores on Mother's face at other visits and recalled another visit when Mother admitted to using drugs the week before.

{¶12} J.B.'s...