DocketNumber: Court of Appeals No. L-02-1347, Trial Court No. JC-02099955.
Judges: KNEPPER, J.
Filed Date: 4/18/2003
Status: Non-Precedential
Modified Date: 4/17/2021
{¶ 2} Appointed counsel Penny Nasatir has submitted a request to withdraw pursuant to Anders v. California (1967),
{¶ 3} "What exceptions are allowed by O.R.C.
{¶ 4} Anders, supra, and State v. Duncan (1978),
{¶ 5} In the case before us, appointed counsel for appellant has satisfied the requirements set forth in Anders, supra. This court notes further that appellant has not filed a pro se brief or otherwise responded to counsel's request to withdraw. Accordingly, this court shall proceed with an examination of the potential assignment of error set forth by counsel for appellant and the entire record below to determine if this appeal lacks merit and is, therefore, wholly frivolous.
{¶ 6} Appellant has been incarcerated since January 1999, and has not seen his children since that time. On April 1, 2002, temporary custody of appellant's three children was awarded to LCCS and the children were placed in foster care. LCCS filed a motion for permanent custody of the children on May 9, 2002. At a pre-trial hearing held on July 1, 2002, the children's mother agreed to the permanent surrender of her parental rights and to an award of permanent custody to LCCS. Appellant was conveyed from the correctional institution to the trial court for a permanent custody hearing on September 24, 2002. By judgment entry filed November 6, 2002, the trial court found, inter alia, that appellant was incarcerated at the time the motion for permanent custody was filed, that prior to his current incarceration he had been repeatedly incarcerated for other criminal convictions, that his incarceration prevents him from caring for the children, and that he will continue to be incarcerated for approximately three more years. The trial court concluded that an award of permanent custody of Nicole, Raymond and Courtney K. to LCCS is in the children's best interest.
{¶ 7} R.C.
{¶ 8} "(E) In determining at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) of section
{¶ 9} "* * *
{¶ 10} "(12) The parent is incarcerated at the time of the filing of the motion for permanent custody or the dispositional hearing of the child and will not be available to care for the child for at least eighteen months after the filing of the motion for permanent custody or the dispositional hearing.
{¶ 11} "(13) The parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child."
{¶ 12} Clear and convincing evidence is that proof which establishes in the mind of the trier of fact a firm conviction as to the allegations sought to be proved. Cross v. Ledford (1954),
{¶ 13} This court has thoroughly reviewed the record of proceedings in the trial court and, upon consideration thereof, we find that there was clear and convincing evidence to support the trial court's decision to award permanent custody of Nicole, Raymond and Courtney K. to appellee LCCS. Accordingly, appellant's sole proposed issue for review is found not well-taken.
{¶ 14} Upon our own independent review of the record, we find no other grounds for a meritorious appeal. Accordingly, this appeal is found to be without merit and is wholly frivolous. Appellant's counsel's motion to withdraw is found well-taken and is hereby granted. The decision of the Lucas County Court of Common Pleas, Juvenile Division, is affirmed. Costs of this appeal are assessed to appellant.
JUDGMENT AFFIRMED.
Peter M. Handwork, P.J., Richard W. Knepper, J., Judith Ann Lanzinger, J., CONCUR.