Date: 10-23-2024

Case Style:

In re: C.T.

Case Number: DN-22-08-0717

Judge: Not Available

Court: Court of Common Pleas, Summit County, Ohio

Plaintiff's Attorney: Summit County Ohio County Prosecutor's Office

Defendant's Attorney:

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Description:

Akron, Ohio family law lawyers represented the Defendant in a termination of parental rights case.

{¶2} Mother is the biological mother of C.T., born August 5, 2022. She also has an older child, B.T., who is not a subject of this appeal, although he was involved in a companion case below. C.T.'s paternity has been established but Father has not appealed the final dispositional judgment.

{¶3} After C.T. exhibited symptoms of neonatal abstinence syndrome shortly after birth, the hospital used morphine to abate those symptoms. Based additionally on the parents' histories

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of drug use and drug offenses, and their failure to visit regularly with the child in the NICU, CSB filed a complaint alleging that C.T. was an abused, neglected, and dependent child.

{¶4} The juvenile court later adjudicated C.T. dependent and placed him in the temporary custody of CSB. Mother filed objections which the trial court overruled. Mother then appealed that judgment to this Court. We affirmed the juvenile court's judgment. In re B.T., 2024-Ohio-432, ¶ 1 (9th Dist).

{¶5} While Mother's appeal was pending in this Court, CSB moved for permanent custody of C.T. The juvenile court took no action regarding that motion while Mother's appeal was pending. Shortly after we issued our opinion disposing of the appeal, the trial court issued an order, scheduling a pretrial in March 2024, and two permanent custody hearing dates on April 29 and 30, 2024. Three weeks later, Mother notified the juvenile court that she had filed an appeal in the Supreme Court of Ohio on March 8, 2024, and she moved to stay the proceedings pending that appeal. The trial court denied the motion for a stay and reiterated the two April 2024 trial dates. The record contains instructions directing the clerk of court to serve the parents with notice of the hearing scheduled in April, and service was effected.

{¶6} On April 3, 2024, CSB moved for a "partial continuance" of the hearing because a certain detective was not available to testify on either April date. On April 18, 2024, the juvenile court issued an order granting the agency's motion "to schedule the testimony of [the detective] outside of the two days set for trial." The order added that "[t]he Court will schedule the additional date at trial." It again reiterated the April 29 and 30, 2024 hearing dates.

{¶7} CSB filed a pretrial statement in which it identified multiple exhibits the agency planned to present at the permanent custody hearing. The "Summit County Juvenile Division

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Evidence Tracking Form" filed in the appellate record indicates that the juvenile court admitted six of those exhibits "ON 04/30/2024" at "TRIAL[.]"

{¶8} On April 30, 2024, the trial court ordered that "the partial continuance shall be granted so that the necessary witness may provide testimony. The Permanent Custody Hearing for [C.T.] scheduled for 4/29/24 and 4/30/24 will allow for additional testimony to be heard May 23, 2024 at 2:00 p.m[.]" On May 14, 2024, the Chief Justice of the Supreme Court of Ohio issued an entry asserting that the high court "declines to accept jurisdiction of [Mother's] appeal pursuant to S.Ct.Prac.R. 7.08(B)(4)."

{¶9} On May 24, 2024, the juvenile court issued its judgment in which it terminated Mother's and Father's parental rights and granted permanent custody of C.T. to CSB. The judgment states that the matter came before the judge "for TRIAL on May 23, 2024." It further makes two references to a "second day of trial" that necessarily would have occurred prior to May 23.

{¶10} Mother has appealed the juvenile court's judgment. She raises one assignment of error for review.

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In re C.T., 2024 Ohio 5083, C. A. 31150 (Ohio App. Oct 23, 2024)

Outcome: The judgment of the Summit County Court of Common Pleas, Juvenile Division, is vacated for lack of jurisdiction.

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