In re J.B.

[Cite as In re J.B., 2020-Ohio-2917.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
IN RE: J.B. C.A. No. 29443
APPEAL FROM JUDGMENT
ENTERED IN THE
COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
CASE No. DN 15-11-774
DECISION AND JOURNAL ENTRY
Dated: May 13, 2020
CARR, Presiding Judge.
{¶1} Appellant Father appeals the judgment of the Summit County Court of Common
Pleas, Juvenile Division, that granted legal custody of the child J.B. to Mother. This Court affirms.
I.
{¶2} Mother and Father are the biological parents of J.B. (d.o.b. 10/10/15). Father has
been in prison since before the child’s birth. Due to concerns regarding Mother’s ability to care
for the child, Summit County Children Services Board (“CSB”) filed a complaint alleging that J.B.
was a dependent child. J.B. was so adjudicated. After the case proceeded in due course, the
juvenile court ultimately placed the child in the permanent custody of CSB. Mother and Father
appealed, and this Court reversed. In re J.B., 9th Dist. Summit Nos. 28752 and 28753, 2018-Ohio-
244. Upon remand, the parties again had the opportunity to pursue reunification of the child with
a parent. After a dispositional hearing, the juvenile court granted Mother’s motion for legal
custody.
2
{¶3} Father timely appealed. In lieu of a merit brief, Father’s attorney filed a brief in
accordance with Anders v. California, 386 U.S. 738 (1967), asserting that there were no errors or
issues justifying reversal of the juvenile court’s judgment. Counsel has further moved for
permission to withdraw from the case. Father was served with a copy of counsel’s Anders brief,
and this Court issued a magistrate’s order affording Father an opportunity to raise arguments after
review of the Anders brief. Father has not responded.
II.
{¶4} Father’s counsel has submitted one possible issue for review: whether the juvenile
court committed reversible and plain error by not granting Father’s requested continuance. After
review, this Court concludes that the possible issue presented by Father’s counsel lacks merit. In
addition, the Court has conducted a full and independent examination of the proceedings in
accordance with Anders, supra, and we conclude that there are no appealable issues in this case.
Father’s appeal is without merit and is frivolous pursuant to Anders.
III.
{¶5} As this Court agrees that Father’s appeal is frivolous and without merit, the
judgment of the Summit County Court of Common Pleas, Juvenile Division, is affirmed.
Appellate counsel’s motion to withdraw is granted.
Judgment affirmed.
There were reasonable grounds for this appeal.
3
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period
for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to
mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the
docket, pursuant to App.R. 30.
Costs taxed to Appellant.
DONNA J. CARR
FOR THE COURT
HENSAL, J.
SCHAFER, J.
CONCUR.
APPEARANCES:
DENISE E. FERGUSON, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant
Prosecuting Attorney, for Appellee.
HOLLY FARAH, Guardian ad Litem.
AMBER CROWE, Guardian ad Litem.