[Cite as In re P.B., 2019-Ohio-2373.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF LORAIN ) 

IN RE: P.B. 

 D.B. 

 T.B. 

 T.B. 

 E.B. 

 

 

 

C.A. No. 18CA011448 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF LORAIN, OHIO 

CASE Nos. 16JC49755 

16JC49756 

16JC49757 

16JC50510 

16JC50511 

DECISION AND JOURNAL ENTRY 

Dated: June 17, 2019 

 

TEODOSIO, Presiding Judge. 

{¶1} Appellant Mother appeals the judgment of the Lorain County Court of Common 

Pleas, Juvenile Division, that terminated her parental rights and awarded permanent custody of 

her five children to appellee Lorain County Children Services (“LCCS” or “the agency”). This 

Court affirms. 

I. 

{¶2} Mother is the biological mother of P.B. (d.o.b. 1/31/09), D.B. (d.o.b. 10/9/11), 1-

T.B. (d.o.b. 6/18/13), 2-T.B. (d.o.b. 5/28/14), and E.B. (d.o.b. 11/7/15). Based on concerns 

regarding Mother’s lack of supervision of the youngest four children, her struggle to provide for 

the basic needs of all the children, her mental health, and the children’s exposure to domestic 

violence in the home, LCCS filed complaints alleging that the children were neglected and 
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dependent. After adjudicatory hearings, the juvenile court found the five children to be 

neglected and dependent. After the initial dispositional hearing, P.B., 2-T.B., and E.B. remained 

with Mother under an order of protective supervision by the agency. D.B. and 1-T.B. were 

placed in the temporary custody of LCCS. Over the course of the case below, all five children 

were placed in the temporary custody of various relatives. When those placements disrupted, the 

juvenile court awarded temporary custody of all five children to LCCS which placed them in 

foster homes. 

{¶3} Maternal Grandmother (“Grandmother”) filed a motion to intervene in the 

proceedings. After the juvenile court granted her intervention, Grandmother filed motions for 

legal custody of and visitation with the five children. LCCS filed a motion for permanent 

custody. After a two-day hearing, the juvenile court granted the agency’s motion, terminated the 

parents’ parental rights, and awarded permanent custody to LCCS. Mother filed a timely appeal 

in which she raises one assignment of error for review. Neither Grandmother nor Father has 

appealed. 

II. 

ASSIGNMENT OF ERROR 

THE TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR BY 

FINDING THAT IT WAS IN THE BEST INTERESTS OF THE MINOR 

CHILDREN TO BE PLACED IN THE PERMANENT CUSTODY OF LORAIN 

COUNTY CHILDREN SERVICES DESPITE THE FACT SUCH FINDING 

WAS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE. 

{¶4} Mother argues that the juvenile court’s award of permanent custody of the 

children was against the manifest weight of the evidence. This Court disagrees. 

{¶5} In considering whether the juvenile court’s judgment is against the manifest 

weight of the evidence, this Court “weighs the evidence and all reasonable inferences, considers 
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the credibility of witnesses and determines whether in resolving conflicts in the evidence, the 

[finder of fact] clearly lost its way and created such a manifest miscarriage of justice that the 

[judgment] must be reversed and a new [hearing] ordered.” (Internal quotations and citations 

omitted.) Eastley v. Volkman, 132 Ohio St.3d 328, 2012-Ohio-2179, ¶ 20. When weighing the 

evidence, this Court “must always be mindful of the presumption in favor of the finder of fact.” 

Id. at ¶ 21. 

{¶6} Before a juvenile court may terminate parental rights and award permanent 

custody of a child to a proper moving agency, it must find clear and convincing evidence of both 

prongs of the permanent custody test: (1) that the child is abandoned; orphaned; has been in the 

temporary custody of the agency for at least 12 months of a consecutive 22-month period; the 

child or another child of the same parent has been adjudicated abused, neglected, or dependent 

three times; or that the child cannot be placed with either parent, based on an analysis under R.C. 

2151.414(E); and (2) that the grant of permanent custody to the agency is in the best interest of 

the child, based on an analysis under R.C. 2151.414(D)(1). R.C. 2151.414(B)(1) and 

2151.414(B)(2); see also In re William S., 75 Ohio St.3d 95, 98-99 (1996). The best interest 

factors include: the interaction and interrelationships of the child, the wishes of the child, the 

custodial history of the child, the child’s need for permanence and whether that can be achieved 

without a grant of permanent custody, and whether any of the factors outlined in R.C. 

2151.414(E)(7)-(11) apply. R.C. 2151.414(D)(1)(a)-(e); see also In re R.G., 9th Dist. Summit 

Nos. 24834, 24850, 2009-Ohio-6284, ¶ 11. Clear and convincing evidence is that which will 

“produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be 

established.” (Internal quotations omitted.) In re Adoption of Holcomb, 18 Ohio St.3d 361, 368 

(1985), quoting Cross v. Ledford, 161 Ohio St. 469 (1954), paragraph three of the syllabus. 
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{¶7} In its motion for permanent custody, LCCS alleged as first-prong grounds that 

D.B. and 1-T.B. had been in the temporary custody of the agency for 12 of the past 22 months 

pursuant to R.C. 2151.414(B)(1)(d), and that none of the five children could or should be 

returned to their parents pursuant to R.C. 2151.414(B)(1)(a). The agency premised its allegation 

that the children should not be returned to the parents on the parents’ failure to remedy the 

problems that initially caused the children’s removals from the home pursuant to R.C. 

2151.414(E)(1), and on the parents’ demonstrated lack of commitment to the children pursuant 

to R.C. 2151.414(E)(4). The five first-prong grounds are alternative findings; the agency must 

prove only one to satisfy the first part of the permanent custody test. In re A.W., 9th Dist. Lorain 

No. 17CA011123, 2017-Ohio-7786, ¶ 17, citing In re E.M., 9th Dist. Wayne No. 15CA0033, 

2015-Ohio-5316, ¶ 12. 

{¶8} Mother erroneously argues that the juvenile court found that all five children had 

been in the temporary custody of LCCS for 12 of 22 months. The judgment entry recites a 

finding that only D.B. and 1-T.B. were in the agency’s temporary custody for at least 12 months. 

Considering the statutory guideline for determining when a child has entered the temporary 

custody of the agency, and not considering other times when the children were in the temporary 

custody of relatives or returned to shelter care, the record indicates that D.B. and 1-T.B. were in 

LCCS’s temporary custody for approximately 336 days, i.e., fewer than 12 months. This 

conclusion is immaterial under the circumstances, however, as the juvenile court also found that 

LCCS satisfied the first prong of the permanent custody test by presenting clear and convincing 

evidence to establish that all five children cannot or should not be returned to the parents. 

{¶9} Mother failed to challenge the juvenile court’s finding, which is fully supported 

by the record, that the children cannot or should not be returned to the parents based on their 
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failures to remedy the problems underlying the children’s removals and/or their demonstrated 

lack of commitment. As only one R.C. 2151.414(B)(1) finding is required to satisfy the first 

prong of the permanent custody test, and Mother has not challenged the R.C. 2151.414(B)(1)(a) 

finding, the first prong is satisfied. 

{¶10} Mother next challenges the juvenile court’s second-prong finding that an award of 

permanent custody was in the children’s best interest. Although Mother argues regarding a child 

identified as “E.S.,” this Court presumes that designation is a typographical error. Accordingly, 

we consider the evidence with regard to the best interest of P.B., D.B., 1-T.B., 2-T.B., and E.B. 

{¶11} Father had limited involvement with the children during the case and failed to 

participate in any of his case plan objectives. 

{¶12} While the children were still in Mother’s legal custody, they lived with 

Grandmother while Mother served a three-month jail sentence. After Mother’s release from jail, 

the children remained with Grandmother for another six months as Mother tried to resettle her 

life. After LCCS became involved, the children have not all resided together, although each 

child has resided with at least one other sibling. They have been placed with various relatives, in 

and outside Ohio, and with various foster care providers. At the time of the permanent custody 

hearing, P.B., D.B., and 1-T.B. were together in one foster home; while 2-T.B. and E.B. were 

together in another foster home. 

{¶13} Mother admitted that she only attended 20 of the 41 offered visits with the 

children. She was late for five of those visits but still allowed to spend time with the children. 

Mother frequently brought other people to the visits. Although she was required to bring 

diapers, wipes, and food to visits, Mother typically relied on her friends and family who joined 

her to bring such things to visits. The caseworker described the visits as chaotic, as Mother had a 
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hard time handling five children at once. Even after the agency expanded her visits to three 

hours, wherein she saw the girls during the first two hours and the boys during the last two hours 

with a one hour overlap, Mother continued to struggle to control the situation. The guardian ad 

litem reported that Mother would play a little with the children but that she quickly became 

overwhelmed. 

{¶14} Mother loves the children, and they were always happy to see her. The older 

children who could communicate did not talk about Mother outside of visitations. All five 

children have developed strong sibling bonds. They also love and share somewhat of a bond 

with Grandmother. They are well adjusted and comfortable in their foster homes. 

{¶15} The guardian ad litem reported that nine year old P.B. indicated that she wants to 

live with her siblings. According to the guardian, the other four children were too immature to 

express their wishes. He recommended that the children be placed in the permanent custody of 

LCCS in their best interest based on the parents’ lack of desire to work on their case plan 

objectives and the inappropriate environment in Grandmother’s home. 

{¶16} LCCS developed a case plan designed to facilitate reunification and offer 

permanency for the children. Mother’s case plan objectives included (1) demonstrating the 

ability to meet the children’s basic needs, (2) attending parenting classes and demonstrating the 

ability to offer consistency and appropriate discipline, (3) obtaining a mental health assessment 

and following all recommendations, and (4) obtaining a domestic violence assessment and 

following all recommendations. Mother made virtually no progress on her case plan objectives. 

{¶17} Although Mother had keys to an apartment for which she had a $0 rent obligation 

and a utilities subsidy, the evidence indicated that she had abandoned those premises. The 

utilities had been shut off, mail had piled up in the mailbox, there was no food or toiletries in the 
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apartment, and there was trash strewn throughout the home. One bare mattress was on the floor 

in one of the bedrooms. Mother had not responded to two notices of abandonment posted on her 

apartment door. Mother continued to cash her utilities subsidy checks but used that money for 

other bills. It was unknown where Mother was residing, although Grandmother testified that 

Mother had been with her during the three days prior to the hearing. Mother worked at various 

jobs sporadically during the pendency of the case but never demonstrated that she could 

financially meet the needs of five children. Despite numerous scheduled and unannounced home 

visits by the caseworker between April and August 2018, Mother was never home. 

{¶18} Although the caseworker let Mother use her phone to schedule parenting classes, 

Mother never followed through by attending group- or class sessions. The caseworker 

coordinated with an outside provider to work with Mother in her own home to address parenting 

and mental health issues, but Mother missed all four appointments by failing to be home at the 

scheduled times. Mother demonstrated limited parenting skills during visits, threatening to 

“whoop” the children, telling the children she was getting sick of them, and losing track of them 

at the visitation center. Mother often cried during visits. 

{¶19} Based on Mother’s reports of being overwhelmed and asking LCCS to take the 

children, the agency referred her for a mental health assessment. Mother attended the assessment 

which indicated a need for ongoing counseling. Mother attended one counseling session but 

missed every additional session scheduled from April 2017 through January 2018. The 

counselor for the children made a mental health referral for an in-home assessment for Mother in 

February, but Mother failed to be present at home at the time scheduled for that appointment. 

Mother repeatedly asserted that she has no mental health issues and does not require counseling 

or other treatment. 
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{¶20} Based on incidents of domestic violence between Mother and Father, and physical 

violence between Mother and Father’s paramour, LCCS referred Mother for a domestic violence 

assessment at Genesis House. Mother completed the assessment and was directed to participate 

in either group sessions or address domestic violence issues with a mental health counselor, 

whichever option Mother chose. Mother attended one group session in November 2017 and one 

in January 2018. She continued, however, to have a relationship with Father. Although she 

testified at the hearing that she and Father were no longer involved, she did not discount the 

possibility of a future relationship with him. 

{¶21} The agency looked at 37 relatives and friends of the family for placement 

consideration. LCCS conducted, or caused to have conducted, five home studies of relatives and 

friends. All persons who were determined to be appropriate potential caregivers for the children 

withdrew their interest in pursuing custody. The agency did not support Grandmother’s request 

for legal custody based on Grandmother’s criminal history, history with the agency, domestic 

violence issues in her home, and her ongoing mental health issues that she did not address 

consistently. Grandmother’s mental health records were admitted into evidence. They indicate a 

history of trauma, suicide attempts, substance abuse issues, and mental health diagnoses which 

require multiple medications which Grandmother admitted she had stopped taking. 

{¶22} The evidence indicates that the children’s need for permanency cannot be met 

without a grant of permanent custody to LCCS. The children are in two different foster-to-adopt 

homes, but the agency believed it reasonably could find one home to adopt them all together. 

{¶23} Based on a review of the evidence, this is not the exceptional case where the trier 

of fact clearly lost its way and created a manifest miscarriage of justice by terminating Mother’s 

and Father’s parental rights and awarding permanent custody of the children to LCCS. Mother 
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was overwhelmed by the effort required to care for five children. She was unable to maintain an 

appropriate home with working utilities and basic necessities. She denied having mental health 

issues despite an assessment to the contrary. She refused to participate in mental health and 

domestic violence counseling in any meaningful way. The evidence demonstrated that neither 

Mother, nor any other family member or friend, was capable and/or willing to provide a 

permanent and appropriate home for the children. Under the circumstances, the juvenile court’s 

finding that an award of permanent custody of P.B., D.B., 1-T.B., 2-T.B., and E.B. to LCCS was 

in the best interest of the children is not against the manifest weight of the evidence. Mother’s 

assignment of error is overruled. 

III. 

{¶24} Mother’s sole assignment of error is overruled. The judgment of the Lorain 

County Court of Common Pleas, Juvenile Division, is affirmed. 

Judgment affirmed. 

 

 There were reasonable grounds for this appeal. 

 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Lorain, 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 
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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. 

 

 THOMAS A. TEODOSIO 

 FOR THE COURT 

CALLAHAN, J. 

SCHAFER, J. 

CONCUR. 

APPEARANCES: 

JUSTIN MILLER, Attorney at Law, for Appellant. 

DENNIS P. WILL, Prosecuting Attorney, and EMILY W. KIRSCH, Assistant Prosecuting 

Attorney, for Appellee. 

JAMES DICKEY, Guardian ad Litem. 

K.S., pro se, Appellee. 

D.B., pro se, Appellee.