In re G.H. ( 2023 )

[Cite as In re G.H., 2023-Ohio-420.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF: G.H. & J.M. JUDGES:
Hon. William B. Hoffman, P.J.
Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Case Nos. 2022 CA 00061, 2022 CA
00062, 2022 CA 00074, & 2022 CA
00075
OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Licking County Court of
Common Pleas, Juvenile Division, Case
Nos. F2019-0697 & F2019-0698
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: February 10, 2023
APPEARANCES:
For Licking County Job & Family Services For Mother C.M.
JENNY WELLS ROBIN LYN GREEN, ESQ.
Licking County Prosecuting Attorney P.O. Box 157
Newark, Ohio 43058
J. BRANDON PIGG, ESQ.
ROBERT N. ABDALLA For Father J.M.
Assistant Prosecuting Attorney’s
20 S. Second Street JERMAIN L. COLQUITT
Newark, Ohio 43055 33 W. Main Street – Suite #109
Newark, Ohio 43055
Guardian ad Litem
CAROLYNN FITTRO
193 Town Center Loop
Pataskala, Ohio 43062
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 2
2022 CA 00075
Hoffman, P.J.
{¶1} Appellant-mother, C.M., and Appellant-father, J.M., appeal the August 16,
2022 judgment entries of the Court of Common Pleas of Licking County, Ohio, Juvenile
Division, terminating their parental rights and granting permanent custody of their two
children to appellee, Licking County Job and Family Services.
FACTS AND PROCEDURAL HISTORY
{¶2} On December 9, 2019, Appellee removed two children, G.M., born May
2018, and J.M., born November 2019, from their Parents' care pursuant to emergency ex
parte orders of removal. Parents were involved in a domestically violent relationship and
the home was in a deplorable condition. Parents each have developmental issues. By
orders filed December 10, 2019, the children were placed in Appellee's emergency shelter
care custody.
{¶3} On December 10, 2019, Appellee filed complaints alleging the children to
be dependent. Adjudicatory and dispositional hearings before a magistrate were held on
February 26, 2020. By decisions and judgment entries filed February 27, 2020, the trial
court found the children to be dependent, and placed the children in Appellee's temporary
custody.
{¶4} On May 7, 2021, Appellee filed motions for permanent custody of the
children. Hearings before a magistrate were held on September 2, and 30, and November
29, 2021. By decisions filed December 30, 2021, the magistrate granted the motions for
permanent custody. Mother filed objections, Father did not. By judgment entries filed
August 16, 2022, the trial court denied Mother's objections and adopted the magistrate's
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 3
2022 CA 00075
decisions with a modification to terminate all visitation and contact between Parents and
the children.
{¶5} Mother and Father each filed two appeals, one for each child, and this
matter is now before this Court for consideration.
{¶6} Mother's assignment of error in Case Nos. 2022 CA 00061 and 2022 CA
00062 is as follows:
"THE TRIAL COURT'S ENTRY GRANTING PERMANENT
CUSTODY TO THE AGENCY IS AGAINST THE MANIFEST WEIGHT OF
THE EVIDENCE."
{¶7} Father's assignments of error in Case Nos. 2022 CA 00074 and 2022 CA
00075 are as follows:
I. "LCDJFS DID NOT ENGAGE IN "REASONABLE CASE
PLANNING" AND "DILIGENT EFFORTS" IN FACILITATING
REUNIFICATION IN THIS CASE BECAUSE THE AGENCY FAILED TO
CONDUCT A PSYCHOLOGICAL EVALUATION BEFORE FILING FOR
PERMANENT CUSTODY, AND AFTER CONDUCTING THE
PSYCHOLOGICAL THE AGENCY DID NOT FOLLOW THE
RECOMMENDATION."
II. “THE TRIAL COURT'S DECISION GRANTING PERMANENT
CUSTODY OF J.M. AND G.M. IS NOT SUPPORTED BY CLEAR AND
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 4
2022 CA 00075
CONVINCING EVIDENCE. THE AGENCY DID NOT PROVE THAT
GRANTING THE MOTION WAS IN THE CHILD'S BEST INTEREST."
{¶8} These cases come to us on the expedited calendar and shall be considered
in compliance with App. R. 11.2(C).
MOTHER'S APPEALS
{¶9} In her sole assignment of error, Mother claims the trial court's decision to
grant permanent custody of the children to Appellee is against the manifest weight of the
evidence. We disagree.
{¶10} At the outset, we note Mother has failed to comply with App.R. 16(A)(7).
Said rule requires the brief of the appellant to include "[a]n argument containing the
contentions of the appellant with respect to each assignment of error presented for review
and the reasons in support of the contentions, with citations to the authorities, statutes,
and parts of the record on which appellant relies." In her one-page argument at page four
of her brief, Mother argues in conclusory fashion, "The Appellant believes that portions of
the transcript show that not all the essential elements of this case were found against her.
The manifest weight of the evidence is in the favor of Appellant and thus the trial court's
decision should be reversed." (Emphasis sic). Mother does not point to any portions of
the transcript nor specify which element(s) have not been found against her.
{¶11} Mother further argues at page four: "It is the Appellant's request that The
Fifth District Court of Appeals review the entire record and transcript of the cases and
determine independently as to whether the lower Court's Entry granting permanent
custody is against the manifest weight of the evidence presented at trial." It is this Court's
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 5
2022 CA 00075
function to review the record before us in order to consider the arguments presented by
the parties. Mother’s "argument" is a broad generalization without any specifics. "If an
argument exists that can support this assignment of error, it is not this court's duty to root
it out." Cardone v. Cardone, 9th Dist. Summit No. 18349, 1998 WL 224934, *8 (May 6,
1998).
{¶12} Notwithstanding the failure to follow App.R. 16(A)(7) and provide this Court
with substantive argument and support, we find the trial court's decision is not against the
manifest weight of the evidence pursuant to R.C. 2151.414(B)(1)(d). Said section states
permanent custody may be granted if the trial court determines, by clear and convincing
evidence, that it is in the best interest of the child and "[t]he child has been in the
temporary custody of one or more public children services agencies or private child
placing agencies for twelve or more months of a consecutive twenty-two-month period *
* *. For the purposes of R.C. 2151.414(B)(1), "a child shall be considered to have entered
the temporary custody of an agency on the earlier of the date the child is adjudicated
pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the
removal of the child from home."
{¶13} The children were removed from the home on December 9, 2019, sixty days
following removal was February 7, 2020, the children were adjudicated and placed in
Appellee's temporary custody on February 27, 2020, and the motion for permanent
custody was filed on May 7, 2021. As found by the trial court, the children have been in
Appellee's custody for over twelve months of a consecutive twenty-two-month period.
R.C. 2151.414(B)(1)(d). This finding alone, in conjunction with a best interest finding, is
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 6
2022 CA 00075
sufficient to support the grant of permanent custody. In re Calhoun, 5th Dist. Stark No.
2008 CA 00118, 2008-Ohio-5458, ¶ 45.
{¶14} As for best interests pursuant to R.C. 2151.414(D), the trial court's findings
are amply supported in the record. T. at 266-282, 376, 429-432.
{¶15} Upon review, we find sufficient clear and convincing evidence to support the
trial court's decision to terminate Mother's parental rights and grant Appellee permanent
custody of the children.
{¶16} Mother's sole assignment of error is denied.
FATHER'S APPEALS
{¶17} In his first assignment of error, Father claims Appellee did not engage in
reasonable case planning and diligent efforts in facilitating reunification.
{¶18} In his second assignment of error, Father claims the trial court's decision to
grant permanent custody of the children to Appellee is not supported by clear and
convincing evidence and Appellee did not prove the best interests of the children would
be best served by granting permanent custody to Appellee.
{¶19} We disagree with both assignments of error.
{¶20} At the outset, we note Father failed to object to the magistrate's decision.
Juv.R. 40 governs magistrates. Subsection (D)(3)(b)(iv) states: "Except for a claim of
plain error, a party shall not assign as error on appeal the court's adoption of any factual
finding or legal conclusion, whether or not specifically designated as a finding of fact or
conclusion of law under Juv.R. 40(D)(3)(a)(ii), unless the party has objected to that finding
or conclusion as required by Juv.R. 40(D)(3)(b)."
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 7
2022 CA 00075
{¶21} Plain error is defined in Goldfuss v. Davidson, 79 Ohio St.3d 116, 679
N.E.2d 1099 (1997), syllabus, as "error, to which no objection was made at the trial court,
seriously affects the basic fairness, integrity, or public reputation of the judicial process,
thereby challenging the legitimacy of the underlying judicial process itself."
{¶22} Father did not make any arguments claiming plain error. "Appellant's failure
to argue plain error at this juncture is fatal as we are constrained to review the trial court's
actions for plain error only and appellant has failed to cite legal authority and develop an
argument as to the existence of an obvious defect in the proceedings that affected
appellant's substantial rights." A.A. v. F.A., 5th Dist. Delaware No. 18 CAF 10 0079,
2019-Ohio-1706, ¶ 22, citing State v. Benitez-Maranon, 9th Dist. Summit No. 26461,
2014-Ohio-3575, ¶ 7.
{¶23} As found in Mother's appeal, the children have been in Appellee's temporary
custody for over twelve months of a consecutive twenty-two-month period. R.C.
2151.414(B)(1)(d). In addition, the trial court's findings as to best interests pursuant to
R.C. 2151.414(D), are amply supported in the record.
{¶24} We do not find either of Father's assignments of error to rise to the level of
plain error.
{¶25} Upon review, we find sufficient clear and convincing evidence to support the
trial court's decision to terminate Father's parental rights and grant Appellee permanent
custody of the children.
Licking County, Case Nos. 2022 CA 00061, 2022 CA 00062, 2022 CA 00074, & 8
2022 CA 00075
{¶26} Father's Assignments of Error I and II are denied.
{¶27} The judgments of the Court of Common Pleas of Licking County, Ohio,
Juvenile Division are hereby affirmed.
By: Hoffman, P.J.
Delaney, J. and
Baldwin, J. concur