In re D.D.
CourtOhio Court of Appeals
Date FiledMay 28, 2026
Docket115605, 115622
JudgeE.T. Gallagher
StatusPublished
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Full Opinion
[Cite as In re D.D., 2026-Ohio-1973.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE D.D., ET AL. :
: Nos. 115605 and 115622
Minor Children :
:
[Appeals by T.C., Mother, and T.H., :
Grandmother/Former Legal Custodian] :
JOURNAL ENTRY AND OPINION
JUDGMENT: DISMISSED IN PART; AFFIRMED
RELEASED AND JOURNALIZED: May 28, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case Nos. AD23903469, AD23903470, AD23903471,
AD23903472, and AD23903473
Appearances:
Wargo Law, LLC and Leslie Wargo, for appellant T.C.
Rosel C. Hurley, III, for appellant T.H.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee CCDCFS.
EILEEN T. GALLAGHER, J.:
In this consolidated appeal, appellant-mother T.C. (“Mother”) and
appellant-maternal grandmother and former legal custodian T.H. (“Grandmother”)
appeal from the judgment of the Cuyahoga County Court of Common Pleas, Juvenile
Division (the “juvenile court”), that terminated Mother’s parental rights, terminated
Grandmother’s legal custody rights, and granted permanent custody of five of
Mother’s children to appellee Cuyahoga County Division of Children and Family
Services (“CCDCFS” or “the agency”).
For the reasons that follow, we dismiss Grandmother’s appeal (Appeal
No. 115622) for lack of standing and affirm the juvenile court.
I. Factual Background and Procedural History
This case involves five children, D.D. (date of birth August 14, 2010),
Sa.D. (date of birth September 23, 2011), St.D. (date of birth September 22, 2012),
J.D. (date of birth October 23, 2019), and K.D. (date of birth January 8, 2021). S.D.
(“Father”) is the father of the five children.1 The three oldest children, D.D., Sa.D.,
and St.D., were removed from Mother’s care in 2013 and were placed in the legal
custody of Grandmother in 2015. In 2018, Mother and Father had their parental
rights terminated with respect to two other children, who were placed in the
permanent custody of CCDCFS. In or around January 2023, CCDCFS again became
involved with the family, following a physical altercation between Mother and D.D.
Because Grandmother had difficulty obtaining housing for herself and the older
children, she and the older children had moved in with Mother and Father (and the
1 Because Father stipulated to the granting of permanent custody to the agency and
has not appealed the juvenile’s court’s judgment, we limit our discussion of the facts,
evidence, and findings to those that pertain primarily to Mother and Grandmother.
two youngest children).2 After Grandmother and the children moved into the
parents’ home, there was significant conflict between Mother and the older children.
At that time, there were also concerns of educational neglect (i.e., the three oldest
children had not been consistently attending school), behavioral issues involving the
two oldest children (e.g., talking back and not listening that resulted in physical
confrontations) that the parents and Grandmother had difficulty managing,
inappropriate discipline of the older children by Mother (e.g., allegedly slapping
D.D. in the face and throwing a tote and broom at her), poor housing conditions
(e.g., bed bugs, roaches, trash, and clutter) that precluded the family from receiving
in-home counseling services, and housing instability for Grandmother. In January
2023, Sa.D. had been hospitalized for a week for suicidal ideations. At that time, the
three oldest children had been referred for individual counseling and the family had
been referred for family counseling.
On March 20, 2023, CCDCFS filed a complaint alleging that the
children were neglected (D.D., Sa.D., and St.D.) or dependent (J.D. and K.D.) and
requesting an order of temporary custody, along with a motion for predispositional
temporary custody. With respect to the three oldest children, the complaint alleged
that (1) Grandmother had failed to ensure that the children were regularly attending
school and, as a result, the children were failing classes and missing in-school
2 Before Grandmother moved in with Mother and Father, some or all of the
children in Grandmother’s custody were, at times, living with Grandmother or were split
up, living with different family members.
counseling sessions; (2) Grandmother struggled to maintain stable, appropriate
housing for the children; (3) the children had “behavioral issues” that the adults did
not appropriately address; (4) the adults failed to ensure that the children
participated in counseling services to address their behaviors; (5) Mother “regularly
engage[d] in verbal altercations” with the older children; and (6) Grandmother had
“failed to prevent the continued occurrence of conflict in the home.”3 With respect
to the two youngest children, the complaint alleged that they had “been exposed to
violence in the home” related to the adults’ “inability to appropriately interact” with
the older children or “appropriately address their behaviors.” The complaint also
referenced the prior adjudication of D.D., Sa.D., and St.D. as dependent and the
prior termination of Mother’s parental rights with respect to two other children.
Following a hearing held on July 12, 2023, the children were placed in agency
custody. The children remained in the uninterrupted custody of the agency since
that time.
3 At the adjudication and disposition hearings held in July 2023, CCDCFS case
worker Chaquelya Patterson testified that, at the time the agency filed its complaint in
March 2023, D.D. had missed 58 days of school, Sa.D. had missed 77 days of school, and
St.D. had missed 68 days of school. She indicated that the reasons for the lack of school
attendance included “[o]ngoing transportation issues. There are times when they didn’t
have money to get the kids to school, or there’s been also times where one of the kids
wouldn’t go to school, and then they weren’t able to take all of them to go back and forth.
There’s also times when they’ve been sick.” She stated that the school had “provided
support to the family” by “offer[ing] them gas cards to school” and that she had spoken
with the family about possibly transferring the children to a school that was closer to their
residence to make it easier to get the children back and forth to school. She stated that
Sa.D. was transferred to an online school program when she did not want to go to school
but that she still would attend the online program only two or three days per week.
Patterson testified that there was no claim that Grandmother had engaged in physical
altercations with, or inappropriate discipline of, any of the children.
On August 3, 2023, the juvenile court adjudicated D.D., Sa.D., and St.D.
neglected and J.D. and K.D. dependent and committed the children to the
temporary custody of the agency. The juvenile court approved a case plan that
required the parents and Grandmother to complete an approved parenting
program, for the family to engage in family counseling to address the conflict in the
home with the older children, for Grandmother to ensure that the older children
were prepared for and attended school every day, and for Grandmother to establish
and maintain safe, stable, and appropriate housing for herself and the older
children. Case-plan services for the three oldest children included individual and
family counseling. The permanency plan was reunification of the three oldest
children with Grandmother and reunification of the two youngest children with
Mother.
Following a hearing before the magistrate (and with the agreement of
Mother and Grandmother), temporary custody was extended in April 2024. The
juvenile court found that Mother and Grandmother had made some progress on the
case plan but that sufficient progress had not yet been made to alleviate the cause
for the removal of the children from the home.
Sometime in or around June 2024, Mother separated from Father and
moved out of Father’s home. Accordingly, the case plan was amended to require
Mother to obtain stable, safe, and appropriate housing. After separating from
Father, Mother moved in with Grandmother.
In August 2024, the magistrate held a hearing to discuss, among other
things, the agency’s proposed reduction in visitation to biweekly visits. The agency
case worker, Chaquelya Patterson, indicated that the agency was requesting the
reduction because it did not believe the children were benefiting from the visits. She
explained:
[D]uring the visits, the three oldest children . . . they use explicit words.
They become very disrespectful to the parents and to the worker as
well. And the parents, they do not respond in a way where they are
redirecting the children.
We have not seen what they were learning in their parenting
classes apply to the visits. . . .
Anytime I try to redirect the children or even just inform the
mother or the grandmother what’s going on, I get ignored. And we had
several meetings about this. And we had a meeting about this to talk to
the family about it. . . .
So we had meetings about the visits and the appropriateness of
the visits and nothing still has changed from the family.
She also noted that, despite her discussions with Mother and Grandmother about
these issues, Mother and Grandmother continued to have inappropriate “adult
conversations” with the children during visits that “don’t need to be had there” and
that Grandmother had talked to the children “about things that become very
emotional to the children.”
The juvenile court rejected the agency’s proposed reduction of
visitation, reasoning that it would not be in the children’s best interest given that
they were seeing some benefit from the family counseling. However, the magistrate
warned Mother and Grandmother that they risked the children being placed in
permanent custody if they did not promptly make significant progress in resolving
the issues with their parenting:
I’m very concerned regarding the reports that I’ve received here
today by the Agency and by the Guardian ad Litem regarding the lack
of progress regarding parenting skills by the grandmother, mother . . . .
[W]e’re a year and a half into this case, any issues regarding parenting
skills should have been resolved long before right now. And it sounds
like the Agency has services in place. There’s family counseling and
there’s a glimmer of hope with that family counseling that is actually
showing some benefit. . . .
[Mother, Grandmother, and Father] you are the adults in this
situation. You are the parents and grandparents of these children, the
legal custodian of the three older children. It’s your responsibility and
(inaudible) the Court’s expectation of you to appropriately parent these
children.
And if you don’t know what that means, then you need to work
with Ms. Patterson, work with a parenting coach, work with family
counselor. Because if we are a year and a half into this case, and Ms.
Patterson and other professionals are still bringing these issues to your
attention and they’re not being resolved, [t]hen the Court is going to
start asking why they can’t be resolved and are they even capable of —
are you capable of resolving that. We’re coming up on the year and a
half mark and the Agency is gonna need to file a motion, that’s either
gonna be a motion to return these children to you, from what I’m
hearing right now, it doesn’t sound like we’re there.
It’s going to be a motion to extend or it’s gonna be a motion to
modify to permanent custody. So your behavior is going to help direct
that decision. You start showing some improvements, then I would
expect we’re looking at an extension. And if it stays the same or gets
worse, I would expect the closer we get to that two year mark, we’re
gonna be looking at a motion for permanent custody.
On September 19, 2024, CCDCFS filed a motion to modify temporary
custody to permanent custody. The agency argued that the children should be
committed to the permanent custody of the agency because they had been in agency
custody since July 2023, Mother’s parental rights had been previously terminated
with respect to two other children, and Mother and Grandmother had “failed to
benefit from case plan services” and lacked stable, safe, and appropriate housing.
On December 19, 2024, Mother filed a “motion for legal custody to [M]other or
relative,” requesting that she be granted legal custody of the children or,
alternatively, that an unidentified “relative” be granted legal custody of the children.
Mother indicated that the motion would be supplemented with a statement of
understanding for legal custody, but no such statement was filed with respect to the
“relative.”
A. The Permanent-Custody Hearing
On August 12, 2025, the juvenile court held an evidentiary hearing on
the agency’s motion for permanent custody and Mother’s motion for legal custody.
At the time of the hearing, D.D. was 14 (nearly 15), Sa.D. was 13, St.D. was 12, J.D.
was 5, and K.D. was 4.
The agency presented testimony from Patterson and Kayla Morales,
extended case workers for CCDCFS. Mother presented testimony from Mary Beth
Hooper, Mother’s therapist at OhioGuidestone. CCDCFS also introduced various
exhibits, consisting primarily of copies of journal entries and case plans from these
cases and others, which were admitted into evidence over Mother’s objection.4 A
summary of the relevant evidence follows.
4 Although Mother’s counsel objected generally to the admission of CCDCFS’s
exhibits “for various reasons,” including because “[w]e don’t think a lot of them are
relevant,” he did not raise any specific objection or articulate any specific reason why any
particular exhibit should not be admitted.
1. Testimony by CCDCFS Case Workers
Patterson was the CCDCFS case worker assigned to the family from
May 2023 to November 2024; Morales was the CCDCFS case worker assigned to the
family beginning in November 2024. They testified regarding the family’s history
with CCDCFS, the children’s custodial history in these cases, Mother and
Grandmother’s compliance with case-plan services, and the extent to which Mother
and Grandmother met case-plan objectives.
Patterson testified that, when the agency became involved with the
family in January 2023, following a physical altercation between Mother and D.D.,
a safety plan was put in place pursuant to which Father and Grandmother were to
make sure that any interaction between Mother and D.D. did not escalate to a
physical altercation. She indicated that while the safety plan was in place, additional
concerns arose related to the “very deplorable” condition “inside the home” — i.e.,
“trash stacked on trash, clothes piled up, toys piled up everywhere . . . the sink . . .
full of dishes, and . . . flies, bugs, all throughout the house” — the older children not
attending school regularly, and emotional abuse, leading the agency to seek
temporary custody of the children. Patterson stated that, at that time, the agency
made referrals for Community Collaborative services, for family counseling, and for
individual counseling for the older children, but that the family was not “consistently
compliant” with services.
With respect to the family’s prior involvement with the agency,
Patterson explained that the three oldest children had been previously adjudicated
in 2013 and that two of the parents’ other children had been previously committed
to the permanent custody of the agency. In addition, Patterson stated that while
three of Grandmother’s other grandchildren were in her care (when they were in the
legal custody of another relative), these children became “[c]ourt involved” and were
ultimately placed in the permanent custody of the agency.5
Patterson explained that the case-plan objectives for Mother involved
parenting, family counseling, and housing and that the case-plan objectives for
Grandmother involved parenting, family counseling, housing, and making sure that
the children attended school daily and attended all medical appointments.
Patterson explained that the purpose of family counseling was to
facilitate communication between the adults and the children, i.e., to teach the
adults “how to communicate with the children and . . . to use certain therapy tools,
like how to redirect the children when the children do become disrespectful to them,
or if they become frustrated in how the children [are] reacting to them.” Patterson
testified that although the family had been engaged in family counseling through the
National Youth Advocate Program (“NYAP”) from approximately May 2024 to
October 2024, she did not see any indication that behaviors were improving and that
she did not believe Mother or Grandmother had made significant progress on that
element of their case plans. Patterson testified that family counseling was
5 No other testimony was presented as to when this occurred, the ages of the
children, or the circumstances that led to the children becoming “[c]ourt involved” and
placed in the permanent custody of CCDCFS. However, copies of the journal entries from
these cases were included in the exhibits submitted by CCDCFS.
discontinued in October 2024 because the therapist indicated “in her professional
opinion that the family was not benefiting from family therapy.”
Morales testified that when she was assigned to the case, she made an
additional referral for family counseling through Choices Behavioral and that
Mother, Grandmother, and the older children reengaged in family counseling in
May 2025. She indicated that the gap in family-counseling services was because of
difficulties in locating a provider and scheduling issues.
Patterson testified that the family had two hours of supervised
visitation each week and that visitation was initially held at Community
Collaborative but was later moved to Mother and Grandmother’s home. Patterson
stated that Mother and Grandmother were consistent with visitation. She explained
that the visits were supervised because of Mother and Grandmother’s lack of
parenting skills, “[t]he kids not looking at them as like a parental figure, the kids
being disrespectful, [and] the parents not being able to redirect the children.” She
indicated that during visits, sometimes the siblings “would get along and sometimes
they wouldn’t.” She described the interactions between the adults and the children
during visits as “very chaotic,” “not being able to communicate with each other,” and
the children “cussing them out.” She indicated that the older children (in particular
D.D. and Sa.D.) would be “bickering” and “getting into it,” “fighting amongst each
other,” “their trauma . . . coming out during visits,” such that she would have to step
in and advise the adults that the children need to be redirected. She stated that “the
majority of the time, the parents would ignore it or dismiss what [the children were]
saying, how they’re feeling” and that there had been “quite a few . . . emotional
outbursts, emotional breakdowns from the children because they are feeling that
their parents are not being supportive of what they are experiencing or how they’re
feeling.” She indicated that the parents would often “reward the children with
things” even though the children were not cooperating and were disrespectful to the
parents and that the adults would also engage in “inappropriate conversations” with
the children at visits, such as telling the children that their dog had died, causing the
children to become “highly upset,” even though the parents were in therapy to learn
how to properly relay information to the children.
Morales offered a similar view of visitation. She testified there was “a
lot of conflict” between the older girls during visitation, who would be cursing,
“calling each other out,” and “disagreeing with . . . what the adults were telling
them.” She stated that this would impact the younger children, who were observing
the conflict, and that the younger children would sometimes repeat what their older
siblings were saying. She indicated that Mother would, at times, seek to intervene
to redirect the children but that her efforts were often unavailing. She stated that
D.D. and Sa.D. would also attempt to interfere with Mother’s parenting of the
younger children, acting as if they were the parents of the younger children rather
than Mother, and that Mother was unable to successfully redirect them when this
occurred. Morales testified that Mother was clearly bonded with J.D. and K.D. and,
at times, also showed affection for the older children.
With respect to Grandmother, Patterson testified that although
Grandmother had a bond with all three older children, she had an especially strong
bond with St.D. and, during visitation, “would mainly be attentive” to him. Morales
testified that Grandmother attempted to engage with all the older children during
visits but that, at times, “it shows like she’s more engaged with [St.D.],” causing D.D.
and Sa.D. to feel jealous, which “could cause conflict between them.”
Patterson stated that Mother and Grandmother had each completed
two parenting programs — a regular parenting program and a nurturing parenting
program. Patterson testified that she had attempted to make arrangements for a
parenting coach for supportive visitation but that, because of an issue with the
agency’s contracts with the foster network — i.e., because the “foster agencies who
ha[d] the children under them” did not offer parenting coaches — she was not able
to put supportive visitation in place and “nothing ever came of it.” Both she and
Morales acknowledged that Mother and Grandmother were willing to engage in
recommended services.
Patterson stated that although she received “positive” reports from
providers regarding Mother and Grandmother’s participation in parenting classes,
she did not believe that they had benefited from the parenting classes and, therefore,
did not believe they had made significant progress on the parenting elements of their
case plans. Patterson indicated that she had continuing concerns regarding whether
Grandmother would be able to meet the children’s educational needs if they were
reunified with her, including ensuring the children consistently attended school,
completed their homework, and turned it in on time, based on Grandmother’s
failure to attend St.D.’s individualized education program (“IEP”) meetings or
“participate[] in some of the concerns that they may have had throughout the school
year”; failure to ask the children, the foster parents, or the case worker about the
children’s educational needs, goals, and progress; and failure to assist the children
with their homework during visits without being prompted by the case worker to do
so.6
Morales stated that, in her view, Mother’s and Grandmother’s
behaviors were not “the types of things you would expect to see from people who
have completed two parenting courses.” She indicated that Grandmother and
Mother never discussed school with the children unless the children mentioned
school and that if the children were returned to Mother or Grandmother, she did not
believe their educational needs would be consistently met “[d]ue to the past history
with the children not going to school.” Both Patterson and Morales testified that
Mother and Grandmother were not at a point where they could recommend
unsupervised or overnight visits with the children.
Patterson testified that the agency made referrals to CMHA and
Community Collaborative to assist Mother and Grandmother with housing and that
they used the Community Collaborative referral to obtain housing. Patterson stated
that when Mother moved in with Grandmother after separating from Father, this
6 Patterson acknowledged, however, that Grandmother had not been notified of
the IEP meetings.
posed a potential barrier to reunification because D.D. “did not want to live with
mother,” “[s]he feared to live with mom, and she didn’t want to stay with the mom,”
so Patterson explained to Mother that Mother needed to find housing independent
from Grandmother.
Patterson indicated that although Grandmother had been evicted
from her home in September 2024, she and Mother found another home and had
been living in that three-bedroom home continuously since November 2024. She
stated that Mother’s 20-year-old disabled and “medically fragile” son was also living
in the home; Grandmother was his legal guardian and received a social security
disability payment as his caregiver. Patterson indicated that, in her view, neither
Mother nor Grandmother had made significant progress on the housing case-plan
objective because when she last saw the house in or around November 2024, they
“still had, like, items or just things just stacked in different areas in the home,”
“things stacked on top of each other . . . [e]verything, like, toys, clothes, books, just
piles of things, just everywhere,” and did not have the necessary furnishings for all
five children. Patterson stated, however, that she had not observed any rotten food,
rodents, insects, or anything else that would present a health issue in the home.
Patterson testified that utilities were on and there were no concerns regarding
Mother or Grandmother’s ability to provide sufficient food for the children. Morales
similarly described the condition of the home as “cluttered,” “like, bags of stuff, toys,
clothes . . . on surfaces[,] on the floor, the couch, in the living room. So it’s like all
over basically.” She stated that the home seemed to get “more cluttered” the longer
she was on the case, but indicated that the home was not in such a state as to put the
children at risk and that weekly visits had been held in the home since at least
November 2024.
With respect to the children’s placements, Patterson testified that the
two oldest children, D.D. and Sa.D., had been placed in the same foster home; that
they had “bond[ed] well” with their foster caregivers; that they respected, listened
to, and communicated with their foster caregivers; and that they followed the rules
of the household. She indicated that the children attended school regularly, that
they completed their classwork and homework, and that they “did really good in
school.” She stated that D.D. received individual counseling and that Sa.D. received
individual and group counseling (both for “behavioral issues” and “to address the
trauma”) and that their foster caregivers ensured that the children were consistently
engaged in counseling services. Patterson testified that whereas Sa.D. had
difficulties communicating with Mother and Grandmother regarding “certain things
that she felt like she wanted to communicate,” when the foster parents
communicated with Sa.D., “it’d be a whole different other story. Like, she didn’t
have an issue. She didn’t have a problem.”
Morales testified that when she observed D.D. and Sa.D. in their foster
placement, “they’re always talking to each other normally, no disagreement,” that
they did not exhibit the behaviors in the foster home that they showed at visits, and
that the girls were “well adjusted” and had “no concerns,” “as if they’re different
children between the ones in the foster home and at family visits.” According to
Patterson, their caregivers had not expressed an interest in adopting D.D. or Sa.D.
Patterson testified that the two youngest children, K.D. and J.D., had
been placed in one foster home from July 2023 until January 2024 and were then
placed together in a second foster home. She indicated that the children had
“structure” and “stability” in the foster home and had “bonded very well” with their
caregivers, who had expressed an interest in adopting them. Morales similarly
testified that K.D. and J.D. were “bonded with” and “attached to” their foster
caregivers. She indicated that because the children exhibited negative behaviors and
were, at times, “defiant” after visitation, “play counseling” had been recommended
for the children, which the agency was in the process of scheduling.
St.D. had multiple placements while in temporary custody. Patterson
testified that St.D. had initially been placed in a group home as a temporary
placement, then in two foster homes, before being placed in Genacross, a residential
group home in Toledo, in September or October 2024. Patterson and Morales
indicated that Mother and Grandmother visited with St.D. regularly and that he
continuously expressed a desire to return to Grandmother’s custody.
Patterson testified that, while in counseling, St.D. disclosed to a
therapist that he had been sexually abused by a male family member (no one
involved in the case) and that his “trauma [had] started coming out” in the form of
sexual sounds, sexual statements to peers at school, and sexualized behaviors that
ultimately led to his being removed from foster placement and placed in Genacross
for treatment.7 Morales described an incident involving a peer in school for which
St.D. could have been criminally charged but the family of the peer declined to
pursue the matter. Morales testified that St.D. had been diagnosed with ADHD and
had an IEP, that he participated in individual counseling once or twice a week and
group therapy five times a week, that his individual therapy incorporated specialized
therapy to address his sexualized behaviors, and that he was prescribed medication
with which he was compliant. Morales stated that it was unknown when St.D. would
complete his treatment at Genacross. She indicated that there were still issues with
St.D.’s behaviors, that he would be in need of therapy for the foreseeable future, and
that she believed St.D. posed a risk to the safety and well-being of the other children
and his disabled older brother if he were to return home. Morales stated that the
therapeutic services Genacross provided to St.D. could be provided elsewhere if
St.D. were to return home but that she did not believe St.D. would, in fact, receive
necessary services if he returned home.
Morales discussed the proposed sleeping arrangements if all five
children were to return to the home and indicated that she did not believe there was
adequate space or furnishings for all of the children. In particular, she noted that
7 Morales testified that this behavior included “humping furniture,” stealing and
wearing peers’ clothing and undergarments, spending excessive amounts of time in his
room or the bathroom, and “excessive masturbation.”
Patterson testified that the abuse occurred while St.D. was in Grandmother’s
custody. No evidence was presented as to the date, location, or circumstances of St.D.’s
abuse or the identity of the perpetrator. Patterson testified that a police report had been
filed but that no one had been charged with a criminal offense against St.D.
the room proposed to be used by St.D. did not have a door, raising concerns
regarding lack of privacy and St.D.’s tendency to expose others to his sexualized
behaviors.
Patterson testified that although the agency had attempted to identify
other relatives or interested persons with whom to place the children, no one
suitable had been identified. Patterson stated that, in her opinion, the agency should
be granted permanent custody of all five children because “the kids have made
progress being in a home where they are able to receive structure, discipline,
stability. The kids were able to flourish . . . in these environments.” She further
indicated that she did not believe Mother or Grandmother would be able to
successfully enforce rules with the children and that that was something they would
need to do to ensure that the children’s educational needs were met if the children
returned home. Morales likewise stated that, in her view, granting permanent
custody to the agency would be in the best interest of all five children.
Morales testified that she had discussed the issue of reunification with
both Mother and Grandmother and that neither had expressed a desire to have
custody of all five children. She stated that Mother informed her that she wished to
reunify with J.D. and K.D. and that Grandmother informed her that she wished to
reunify with the three oldest children.
2. Mother’s Witness
Hooper, Mother’s therapist, was Mother’s sole witness. Hooper
provided brief testimony regarding her telehealth-counseling sessions with Mother.
She stated that she began working with Mother in June 2025, that Mother
“consistently” attended video-counseling sessions, that the sessions were
“productive,” that Mother “showed progress” as they worked on “her treatment goal
plan,” and that Mother was continuing to engage with treatment. Hooper indicated
that she had never seen Mother interact with her children.
3. Recommendation of the Guardian Ad Litem
The guardian ad litem recommended that the agency be granted
permanent custody of all five children. She indicated that there were “a lot of
moving parts” and she had “seriously considered” whether “the kids could be split
up and different things could be arranged” for one or more of the children to return
home, but that, ultimately, she did not think returning home would be in any of the
children’s best interests “because of the continuing concerns all together that ha[d]
been brought up to the Court’s attention.”
The guardian ad litem reported that although she had not attended as
many visits as the CCDCFS case workers, she did not witness the behaviors by the
older children described by Patterson and Morales. The guardian ad litem stated
that, in her view, although it was “chaotic with a bunch of kids,” they were “all acting
age appropriate,” i.e., “that’s how it is when you have a family, a large family,” and
that she did not have any “issues” or “ongoing concerns with that.” The guardian ad
litem indicated that her “biggest concern” was “the safety and the sleeping of the
children in the home.”
With respect to St.D., the guardian ad litem reported that Genacross
is “a facility that helps children with behaviors where they can’t be placed anywhere
else.” She noted that St.D. has stated that “he wants to return home to [G]randma
and that he would like to go back as soon as possible,” but that, “[u]nfortunately,
due to his behaviors,” that is not “an option.” She explained: “He’s got a serious case
of ADHD. . . . He doesn’t want to listen. He doesn’t want to follow directions. He
disconnects from reality. He, I mean, yes, he’s acting out sexually, but there’s so
much more. . . . [H]e doesn’t want to go to school. And if he wasn’t forced, he
wouldn’t.”
She stated that St.D.’s providers “have not said that he can be
released,” that he still needs inpatient treatment, and that she has concerns about
the harm that could result from potential interactions between St.D. and other
children and/or his disabled older brother if he were to return home.
With respect to D.D. and Sa.D., the guardian ad litem reported that
D.D. is happy in her placement, that all of the girls’ needs are being met, that the
foster parents put a lot of structure in place and help the girls as much as possible,
and that D.D. has indicated that she does not want to return home. The guardian
ad litem reported that Sa.D. initially “had issues” in her placement, feeling as if there
was “a lot of animosity toward her” because she identifies as “they” and “them” and
“likes to dress as an animal,” but that those issues were addressed. The guardian ad
litem indicated that Sa.D. was allegedly abused by the same person who abused
St.D., that Sa.D. has “ongoing issues and concerns” and sometimes “acts out,” and
that she is engaged in “specialized treatment for her behavior.”
The guardian ad litem reported that Sa.D. had also expressed a desire
to return home to Grandmother but that “the concerns that brought this case to the
[c]ourt and the [a]gency,” “the sexual trauma that happened to her,” and “the
interaction with her mom in the previous case” were continuing causes for concern
and that the guardian ad litem did not believe it would be in Sa.D.’s best interest to
return home, “just her.” The guardian ad litem acknowledged that “[Sa.D’s] older
and she’s on a whole different path and plan than any of the other kids. So I mean,
her situation’s different.” She indicated that if the court were inclined to return
Sa.D. to Grandmother’s custody with protective supervision, “that would be
something that I think would be okay for her,” but that she “would just be cautious”
“in case any concerns happened again with schooling or acting out or conflict in the
home” and to make sure Sa.D. continued to receive counseling.
With respect to J.D. and K.D., the guardian ad litem reported that they
were placed in a home with nine children and that they were “really happy” there
and “really bonded” with their caregivers. The guardian ad litem stated that
although they love Mother and want to see her, they also say they want to stay where
they are and are too young to properly articulate their wishes. The guardian ad litem
stated that, given Mother’s history and continuing concerns, she was not certain
whether basic needs would be met “just having the two little ones return home to
the home right now . . . just them and with mom.”
B. The Juvenile Court’s Decision
On September 3 and 4, 2025, the juvenile court journalized judgment
entries in each child’s case denying Mother’s motion for legal custody, granting the
agency’s motion for permanent custody, terminating Mother’s and Father’s parental
rights as to all five children, and terminating Grandmother’s legal custody of D.D.,
Sa.D., and St.D.
Mother appealed (Appeal No. 115605), raising the following two
assignments of error for review as to all five children:
Assignment of Error No. 1:
The trial court’s judgments granting permanent custody [to] the agency
were not based upon sufficient clear and convincing evidence, were
against the manifest weight of the evidence, and the findings of