In re D.W.J.
CourtOhio Court of Appeals
Date FiledJuly 27, 2026
Docket26 CA 0989
JudgeDickey
StatusPublished
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Full Opinion
[Cite as In re D.W.J., 2026-Ohio-2892.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
CARROLL COUNTY
IN THE MATTER OF:
D.W.J., T.W., G.W., DEPENDENT CHILDREN.
OPINION AND JUDGMENT ENTRY
Case No. 26 CA 0989
Juvenile Appeal from the
Court of Common Pleas, Juvenile Division, of Carroll County, Ohio
Case Nos. 20233006, 20233007, 20233008
BEFORE:
Katelyn Dickey, Cheryl L. Waite, Carol Ann Robb, Judges.
JUDGMENT:
Affirmed.
Atty. Steven D. Barnett, Carroll County Prosecutor, and Atty. Lacee K. Felix, Assistant
Prosecuting Attorney, for Appellee and
Atty. Sarah J. Francois, for Appellant.
Dated: July 27, 2026
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DICKEY, J.
{¶1} Appellant, D.W. (“Father”), appeals from the December 30, 2025 judgment
of the Carroll County Court of Common Pleas, Juvenile Division, granting legal custody
of his minor children, D.W.J. (d.o.b. 7/8/2012), T.W. (d.o.b. 7/8/2012), and G.W. (d.o.b.
10/13/2014) (the “minor children”), to their maternal grandmother, D.W. (“Grandmother”),
in Texas following evidentiary hearings. Father’s ex-wife and mother of the minor
children, J.W. (“Mother”), stipulated to granting legal custody to Grandmother. On appeal,
Father raises three assignments of error: (1) the juvenile court erred in finding that the
Carroll County Department of Job and Family Services (“Agency”) made reasonable
efforts toward reunification where the Case Plan was not meaningfully tailored to Father’s
needs in violation of R.C. 2151.419; (2) the court’s decision is against the manifest weight
and sufficiency of the evidence; and (3) the court erred in determining that legal custody
to Grandmother was in the minor children’s best interests. Finding no reversible error,
we affirm.
FACTS AND PROCEDURAL HISTORY
{¶2} Agency became involved with this divorced family on October 3, 2023 due
to concerns for substance use, deplorable home conditions, and an incident where a
vehicle was pulled over. The car contained the minor children with unknown adults, along
with a weapon, drug paraphernalia, and methamphetamine. It was alleged that Mother
had taken a handful of pills beforehand, leaving the minor children with these unknown
adults. The minor children reported not having enough food in Mother’s home, not going
to the doctor, dentist, or school regularly, and having to urinate in the bathtub or at a
neighbor’s house due to inoperable toilets.
{¶3} A court-ordered private custody plan restricted Father’s visitation to a public
setting. Concerns about Father included past domestic violence allegations and lack of
stable housing and employment. The minor children exhibited great fear of Father.
{¶4} On October 4, 2023, Agency filed a complaint alleging the minor children
were neglected under R.C. 2151.03(A)(2). Attorney Tiffany Brown, the Court Appointed
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Special Advocates (CASA), was appointed Guardian ad Litem (“GAL”) for the minor
children. Following a shelter care hearing, Father appeared and stipulated to the award
of temporary custody to Agency. An initial hearing was held on October 13, 2023, at
which time both Father and Mother appeared. The minor children remained in Agency’s
temporary custody as stipulated by both parents.
{¶5} A Case Plan was filed on November 6, 2023. As to Father, the Case Plan
indicated that he was to submit to a parenting assessment with Dr. Aimee Thomas, a
Lighthouse Family Center (“Lighthouse”) evaluator (“Dr. Thomas”), and to a mental health
assessment. Father was to obtain safe, stable housing for the minor children and obtain
employment. The goal of the Case Plan was to return the minor children to their parent(s).
The Concurrent Case Plan Objective was legal custody with relative/kinship.
{¶6} On November 17, 2023, Agency moved to amend the complaint to one of
dependency under R.C. 2151.04(A). Upon the amendment, Father and Mother stipulated
to a finding of dependency and consented to the continuation of temporary custody with
Agency. At that time, Mother was still testing positive for methamphetamine and Father
was homeless.
{¶7} Neither parent attended the disposition hearing on December 15, 2023,
although their attorneys were present. Temporary custody of the minor children was
continued with Agency. The Case Plan was adopted and approved.
{¶8} Father exercised his first visitation with the minor children on
March 17, 2024, after not having seen them since November 2023. A semi-annual
review hearing was held on March 29, 2024, with both parents and their respective
attorneys. At that time, neither Father nor Mother had completed their parenting
assessment and counseling through Lighthouse nor had they completed a mental health
and substance abuse assessment. Both parents were continuing to give positive drug
screens and neither parent had suitable housing for the minor children. Father was
employed through a temp agency but was still homeless and living in his car.
{¶9} On May 10, 2024, the Case Plan was amended because Agency had been
advised by the paternal uncle and aunt with whom the minor children had been placed,
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that they could no longer provide long term care for them. The minor children were in
foster care from May 10, 2024 to August 11, 2024. Adoption was added as a Concurrent
Case Plan Objective.
{¶10} On June 21, 2024, the Case Plan was again updated and amended. At that
time, Agency had been in touch with Grandmother about possible placement of the minor
children with her. While the permanency goal remained returning the minor children to
their parent(s), the Concurrent Case Plan Objective was changed back to legal custody
with relative/kinship.
{¶11} On July 12, 2024, Agency filed a notice with the juvenile court that an
Interstate Compact on the Placement of Children (ICPC) home study of Grandmother’s
home in Texas was approved. Agency was considering Grandmother as a placement
option because there were no other local relatives in Ohio willing or able to accept
placement of the minor children.
{¶12} In response to Agency’s notice that it was pursuing Grandmother as a
placement option, Father filed a motion for an immediate review on July 16, 2024. The
next day, Father also filed a motion to prevent the placement pending a hearing. The
juvenile court granted that motion and set a hearing for August 5, 2024. Three days later,
the court overruled Father’s motion and found it was in the children’s best interests to be
placed with Grandmother in Texas while the parents continued their Case Plan objectives.
The minor children were placed with Grandmother on August 11, 2024.
{¶13} On August 20, 2024, Agency filed an updated and amended Case Plan due
to the minor children’s recent placement with Grandmother. An annual review hearing
was held in September 2024, at which time Father and Mother again stipulated to the
continuation of temporary custody of the minor children to Agency. Although Father had
secured a suitable three-bedroom home, nothing had been set up for the minor children,
including no beds. Father had not engaged in any mental health or substance use
services nor completed his Lighthouse parenting assessment. The juvenile court found
that neither parent had completed their counseling recommendations for parenting,
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substance abuse, and/or mental health. A Second Case Plan was adopted and
approved.
{¶14} In October 2024, Father completed an assessment with CommQuest, a
counseling service agency, with no additional recommendations clinically indicated.
Mikayla Brannick, Agency Caseworker (“Brannick”), considered Father’s mental health
and substance use assessment completed. However, it was discovered that Father
indicated to CommQuest that he was there for a parenting assessment, rather than a
mental health and substance use assessment, contrary to Brannick’s direction. In that
assessment, Father denied any mental health concerns.
{¶15} Finally, Agency received Father’s Lighthouse parenting evaluation and
Dr. Thomas’ recommendations, dated November 9, 2024, after he completed two clinical
interviews. Father had not, however, engaged in any recommended services. Due to
time constraints, Caseworker Brannick sent a referral to Goodwill on January 6, 2025.
Father was to complete Goodwill’s intensive parenting course, although he had not yet
completed individual counseling, as typically required. Meanwhile, Grandmother
expressed to Brannick her willingness to be a more permanent caregiver for the minor
children and signed an understanding of legal custody agreement.
{¶16} On January 16, 2025, Agency filed a motion requesting that legal
custody of the minor children be granted to Grandmother. The juvenile court set the
matter for a hearing on February 28, 2025, which was continued to March 28, 2025.
On January 23, 2025, Agency filed a copy of Grandmother’s statement of understanding
of legal custody in compliance with R.C. 2151.353(A)(3), which was signed on
January 17, 2025.
{¶17} Father was denied entry into Goodwill’s parenting program on
January 26, 2025, 16 months after he signed the initial Case Plan which contained that
requirement. Father obtained stable, full-time employment in February 2025. On
February 20, 2025, Agency referred Father back to CommQuest to obtain the correct
assessment to comply with Lighthouse recommendations.
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{¶18} On March 26, 2025, Father filed a motion for alternate disposition/motion
for change of custody to Father.
{¶19} At the March 28, 2025 hearing, Mother expressed her agreement with
Agency’s motion requesting legal custody to Grandmother. Father requested additional
time to complete his Case Plan services. Both parents stipulated to the continuation of
temporary custody of the minor children to Agency and their placement with
Grandmother.
{¶20} On April 8, 2025, Father was referred to Ohio Guidestone, a behavioral
health and family services organization, to complete its parenting classes. This referral
was for Father to make progress to get into Goodwill, and not in place of Goodwill, as the
Ohio Guidestone program was not intensive enough to meet Lighthouse
recommendations.
{¶21} On May 20, 2025, Agency filed a motion requesting that the juvenile court
conduct an in-camera interview with the minor children. The court, along with the CASA
GAL, conducted the in-camera interview on July 9, 2025, revealing that the minor children
had a deep-seated fear of Father and wished to remain with Grandmother.
{¶22} On September 5, 2025, Mother stipulated to Agency’s motion to grant legal
custody of the minor children to Grandmother, with protective supervision being
terminated. Mother acknowledged her short-term sobriety and inability to provide an
appropriate living situation for the minor children at that time. Evidentiary hearings
proceeded as to Father and were held over four days: September 5, 2025;
October 24, 2025; November 14, 2025; and December 5, 2025.
SEPTEMBER 5, 2025 HEARING
{¶23} Dr. Thomas testified that she evaluated Father beginning July 31, 2024,
using interviews and psychological testing. She identified delays in Father’s Case Plan
efforts, including waiting until April 2024 to initiate visitation and delaying the evaluation,
attributing this to an unhealthy romantic relationship with his girlfriend that undermined
stability and raised concerns about attachment and prioritization of the minor children.
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Dr. Thomas recorded limited reported substance use, past marijuana use, and no
reported addiction. She noted anxiety history with past medication, observed avoidance
and resistance to counseling, and recommended individual counseling to address
anxiety, mood dysregulation, and anger.
{¶24} Structured clinical interview results reflected anxiety that could paralyze
decision-making under stress, guardedness, and denial of anger problems contrary to
other data. A standardized inventory suggested Father’s defensive responding,
underlying insecurities, superficial relationships, externalization of blame, and potential
hostile outbursts when feeling attacked, supporting anger management and counseling
recommendations. Dr. Thomas recommended intensive, face‑to‑face parenting
programming, counseling, drug screens with treatment if positive, and proof of stable
employment and housing. She said Father was not receptive to counseling. Dr. Thomas
also explained that parents who are homeless are often able to work a Case Plan.
{¶25} Alyssa Karoleski, a CommQuest counselor (“Karoleski”), saw Father from
March 24, 2025 to July 9, 2025 for 15 sessions following an assessment recommending
individual mental health counseling. Karoleski targeted coping and parenting skills and
reported Father met treatment goals. She did not treat substance use because Father
denied having any issues.
{¶26} Karoleski counseled Father on prioritizing healthy relationships and working
on anger management. She encouraged continuation with the parenting program at Ohio
Guidestone. Karoleski coached Father on phone‑visit connection strategies. Karoleski
did not personally observe the antisocial traits noted by Dr. Thomas but found Father was
sometimes defensive. She relied on Father self-reporting. She discharged Father early
against a one‑year plan because he reported meeting goals.
{¶27} Karoleski noted Father denied leaving the minor children in a hot car for an
hour as alleged but she still provided him with safety education. She agreed Father
acknowledged seeing how leaving the minor children in a hot car could be a safety
concern.
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{¶28} Shanna Kuikahi, an Ohio Guidestone Behavioral Health Specialist
(“Kuikahi”), provided individualized, structured parenting skills training for Father, typically
a 12‑lesson curriculum delivered via hybrid telehealth and in‑home sessions. She stated
Father was included on her caseload for about one month. Father attended and
participated in sessions, but expressed dissatisfaction with in‑home requirements,
scheduling, and certain paperwork. Father ended up requesting that he be transferred to
a different worker. Kuikahi did not observe Father with the minor children and was not
aware of Lighthouse’s evaluation details.
{¶29} Wendra Davis, an Ohio Guidestone Behavioral Health Specialist (“Davis”),
delivered a 15‑lesson individual parent mentoring curriculum to Father. Davis said
completion is judged and graded by participation and assessments. Father scored low
on corporal punishment endorsement. Davis described content as medium‑intensity,
covering routines, safety, discipline, and relationship skills, with no direct observation of
parent‑child interaction.
{¶30} Grandmother testified she lives in Saline, Texas. She has housed the minor
children for over one year at the time she testified at the hearing. Grandmother reported
the minor children are in eighth and fourth grades, receive good grades, and are involved
in extracurricular activities. The minor children have adjusted well to Grandmother’s
stable home and are in counseling.
{¶31} Grandmother facilitates weekly phone or video visitation with Father,
usually lasting about 30 minutes. She is open to more time and in‑person visits, though
none have occurred. Grandmother prefers that any Ohio in‑person time with Father be
supervised by someone if he does not want her present. Grandmother said she would
follow court orders but expressed fear for the minor children if sent to Father for extended
periods. Grandmother testified Father has not sent gifts, cards, or financial support and
has not sent the minor children’s belongings despite requests.
{¶32} Grandmother acknowledged a disciplining incident where she pulled T.W.’s
hair. She denied knowledge of reports that Mother coached or manipulated the minor
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children. Grandmother said the minor children’s counseling paused due to insurance, but
was set to resume on September 24, 2025.
OCTOBER 24, 2025 HEARING
{¶33} Caseworker Brannick worked as the ongoing caseworker from
October 3, 2023 to August 2025. She testified the case opened after police stopped the
vehicle with the minor children and unknown adults, found a weapon and drug
paraphernalia inside, and Mother had reportedly taken pills. Agency did not place the
minor children with Father that night due to an existing court order limiting his visitation to
supervised public time and the minor children were first placed with paternal relatives.
{¶34} Brannick said initial concerns included Mother’s substance use, inadequate
home conditions, and both parents’ unstable housing and mental health needs. Case
Plan goals were set on November 6, 2023. She detailed Mother’s drug screens: positives
for methamphetamine on October 4, 2023, October 20, 2023, August 6, 2024, and
October 16, 2024, with other screens negative, and refusals at times. Brannick also
described Father’s drug screens: THC positives in early 2024, then a series of negatives
from July 2024 through mid-2025. She testified Father had no in-person contact with the
minor children from November 2023 to March 2024.
{¶35} Father obtained a three-bedroom home in July 2024 and maintained
employment at Sterilite. Brannick said the home was suitable for Father but it did not
have anything set up for the minor children, including no beds. Brannick said Goodwill
denied Father in January 2025 due to insufficient progress. Goodwill does not tolerate
any aggressive behavior and the program was not willing to chance Father having an
outburst and possibly triggering other clients in the class. Ohio Guidestone was started
in April or May 2025 but paused after a dispute. It later resumed, with completion noted
by September 3, 2025. Brannick testified Lighthouse recommendations for Father
included individual counseling, anger management strategies, random drug testing,
Goodwill parenting, and maintaining housing and employment.
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{¶36} Brannick observed via video that the minor children appeared happy with
Grandmother and had their needs met. She said Agency filed to change legal custody to
Grandmother, viewed reunification with Father as not ideal due to incomplete Case Plan
requirements and concerns about his parenting insight. In addition, the minor children
had a deep-seated fear of Father and expressed a preference not to live with him.
{¶37} Leah Batson, an Agency Supervisor (“Batson”), has been involved with this
family since the night of the minor children’s removal on October 3, 2023. She took over
this case as the primary caseworker after Caseworker Brannick left Agency. Batson
confirmed the initial traffic stop involved Mother sending the minor children with unknown
adults in a vehicle containing drugs and a knife. Batson also confirmed the existing court
order limiting Father’s visitation. She heard reports that the minor children were fearful
of Father.
{¶38} Batson assumed supervision in August 2025 and conducted home visits in
September and October 2025. She found Father’s home appropriate. However, Father
lacked clothing for the minor children. Father did not send gifts or financial support to
Texas and did not travel to visit the minor children. Agency could have coordinated
supervision if Father had asked.
{¶39} Batson explained Goodwill denied Father in January 2025 for insufficient
progress. Ohio Guidestone, which is less intensive than Goodwill, was used in the
interim. Agency’s primary concerns were Father’s lack of extended parenting, lack of
demonstrated behavioral change through intensive parenting services, and reports of the
minor children’s great fear of Father. The Case Plan required following Lighthouse
recommendations. Batson testified Lighthouse results were provided to Father and
CommQuest. Agency expected the parents to start counseling while awaiting Lighthouse.
In Agency’s view, Father did not seriously engage in services until around March 2025.
The CommQuest assessment reflecting engagement is dated March 20, 2025, and the
Ohio Guidestone completion is September 3, 2025.
{¶40} Batson stated the minor children’s needs were met by Grandmother in
Texas. A Texas caseworker visited them monthly. Batson agreed counseling would be
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beneficial. She noted a reported one-time incident of Grandmother pulling T.W.’s hair,
deeming that type of discipline inappropriate. Batson confirmed there is no reasonable
justification known to her for Father’s 18‑month delay in engaging in mental health and
parenting services after the case filing, despite Agency encouraging early counseling.
NOVEMBER 14, 2025 HEARING
{¶41} The GAL testified she was appointed in October 2023. She first met the
minor children at their aunt and uncle’s home in late October or early November 2023.
The minor children were emotional, protective of Mother, and wanted to return to her at
that time. The minor children have not expressed any desire to return to Father. The
GAL reported the minor children enjoyed some visits with Father when supervised by the
aunt and uncle. However, the minor children greatly feared past incidents and did not
believe Father would protect them in his full-time care.
{¶42} The GAL attempted to meet with Mother but saw little engagement,
observed no visits due to Mother’s cancellations, and met Mother only a few times. The
GAL indicated Father initially engaged, then disengaged after November 2023. Father
briefly re-engaged around Easter 2024, then disengaged again, then re-engaged in July
2024 at Agency. During that visit, the minor children sought Father’s attention and
approval but the GAL observed no close bond. The GAL noted that Father’s anger toward
Agency impacted his responsiveness to the minor children. She verified Father’s
employment via a temp agency. Father’s Lighthouse counseling began in late July 2024
and concluded in October 2024.
{¶43} The GAL had no other observed visits before the Texas move because
Father stopped visiting or calling while the minor children were with their aunt and uncle.
After placement with Grandmother in Texas, the GAL maintained contact via phone and
Zoom. The minor children stated they wanted to live with Mother if she became healthy.
Otherwise, the minor children desired to remain with Grandmother. The minor children
reported fear of Father’s physical discipline, neglect, and poor parenting decisions. The
GAL discussed those concerns with Father and his CommQuest counselor, Karoleski.
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{¶44} The GAL reviewed CommQuest records and believed counseling did not
address the concerns, citing discrepancies between the counselor’s statements to her
and written progress reports, and attributing progress notes to Father’s self-reporting.
The GAL opined Father needed intensive counseling as recommended by Dr. Thomas to
address personality concerns and parenting evaluation issues, including Father
prioritizing a romantic relationship over the minor children and failing to internalize its
impact. The GAL acknowledged Father achieved housing and employment but stated
Goodwill would not accept him until he made significant counseling progress, which she
did not believe had occurred.
{¶45} The GAL listened to some Father-recorded calls. The GAL found most calls
appropriate but noted one call with repetitive questioning that frustrated the minor
children. The GAL had phone contact with Grandmother, found that placement
appropriate, requested counseling for the minor children, and addressed a reported one-
time hair-pulling incident as inappropriate discipline. The GAL reported the minor children
appeared healthy and happy with Grandmother, had basic needs met, and felt
comfortable. Grandmother facilitated phone/video contact with Mother. Grandmother
would comply with court-ordered contact with Father despite a contentious relationship.
{¶46} The GAL revealed the minor children wanted Father more engaged, were
upset when he disappeared, and recounted incidents they feared, including: dislocating
T.W.’s arm; finger bending; smacking and slapping (not G.W. personally); being thrown
down when unresponsive; being left in a hot car while Father took his girlfriend into an
office; and a camping incident involving bug spray. Apparently, Father and his girlfriend
took the minor children camping but had them sleep in separate tents. Father and
girlfriend had bug spray for themselves only. The minor children woke up the next
morning covered in bug bites because Father never shared his bug spray with them. The
GAL testified she saw no significant parenting-style change sufficient to make the minor
children feel safe with Father at that time. The GAL expressed concern that Father did
not internalize lessons from counseling and believed his progress was superficial. She
acknowledged Father’s progress in housing and employment but maintained that he had
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not achieved meaningful change needed for reunification. The GAL opined Grandmother
would follow court orders for contact and recommended ongoing phone/video access and
supervised visits for Father. The GAL supported Grandmother receiving legal custody
while Father pursued more intensive counseling and potentially Goodwill parenting
thereafter.
{¶47} Father testified he shares the three minor children with Mother. The parties
previously had a shared parenting plan with 50/50 time split until allegations by Mother in
August 2023 led to temporary restrictions just before this case commenced. Father
described limited supervised-like public visits under the prior case, and at the start of this
case, he had been evicted, stayed with his brother, then lived in his car from
November 2023 to April 2024. Father moved to a motel before obtaining housing in
Canton in July 2024. Father has maintained employment at Sterilite.
{¶48} Father acknowledged survival mode impeded early service engagement
and visitation. Father said he missed visits with the minor children due to finances.
Father last saw the minor children in person in late July or early August 2024 at Agency.
He had not seen them in person since they moved with Grandmother to Texas on
August 11, 2024.
{¶49} Father testified he began Lighthouse with Dr. Thomas on July 31, 2024. He
received Lighthouse recommendations from the caseworker on December 31, 2024.
Father read the recommendations into the record, including: individual counseling for
anxiety, mood dysregulation, anger strategies, and personality issues; processing
prioritization of a dysfunctional relationship; Goodwill parenting; random drug and alcohol
screens with treatment if positive; and maintaining housing and employment. Father
reported working on coping, communication, and parenting strategies with CommQuest
counselor, Karoleski. Father acknowledged a July 2024 THC positive drug test but said
all later tests were negative. Father said he completed an online parenting course in
February 2025 and later multiple parenting lessons with Ohio Guidestone. Father testified
he was declined by Goodwill.
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{¶50} Regarding the minor children’s great fears and past incidents, Father
disputed that he dislocated T.W.’s arm. Father described the hot car incident involving
the minor children as brief, and stating that it was early morning with mild temperatures.
Father acknowledged he would handle that scenario differently today. Father attributed
much of the minor children’s fear to manipulation by Mother and Grandmother but
accepted some personal responsibility. Father had concerns about Grandmother’s
discipline and opposed the minor children’s move to Texas. On cross-examination,
Father admitted the minor children were not in counseling or current on medical/dental
treatment.
DECEMBER 5, 2025 HEARING
{¶51} Father’s testimony continued on cross-examination. Father indicated he
completed counseling with CommQuest. He discussed anger management topics during
15 weeks of counseling, focusing on positive outlets and calm strategies. Father
characterized himself as a work in progress. He attributed lapses in Agency contact to
his homelessness and financial issues. Father claimed his requests for gas vouchers to
visit the minor children were not fulfilled by the caseworker. He did not escalate voucher
issues to a supervisor, assuming others would also refuse.
{¶52} Father denied refusing a March 4, 2025 home entry, claiming the
caseworker came only for a drug screen. Father also denied prioritizing a romantic
relationship over the minor children, discussing an on‑and‑off relationship with his
girlfriend. Father identified high stress as an anger trigger. Father described control
issues that contributed to job losses. Father had never priced travel to visit the minor
children in Texas.
{¶53} On re-direct, Father identified physical manifestations of anger he learned
to recognize through Counselor Karoleski as part of anger management.
{¶54} Supervisor Batson testified that Agency supervised visits. She confirmed
visits were allowed in foster care and did not recall any denial of visits. Batson stated
contact lapses hindered aiding Father’s service engagement, as Agency sometimes
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lacked a way to reach him and was not contacted by him. She said assistance discussed
included homeless shelter contacts and gas vouchers requiring use at contracted county
vendors, and similar support could have been arranged for Lighthouse appointments.
She was unaware of any denial of aid and said Father could have contacted a supervisor.
Batson confirmed the minor children felt safe with Grandmother in Texas.
DECEMBER 30, 2025 JUDGMENT
{¶55} The juvenile court granted legal custody of the minor children to
Grandmother following the hearings. The court weighed and considered the wishes of
the parents. Mother wanted the minor children placed with Grandmother. Father wished
to have legal custody. In its judgment, the court issued findings of fact and considered
the best interests of the children under R.C. 3109.04(F)(1), specifically stating the
following:
Based upon the evidence and testimony provided over the course of
the hearing on the competing Motions for Legal Custody, the Court finds
that the children have been continuously in the temporary custody of
[Agency] since the shelter care hearing on October 4, 2023.
The Court further finds that at the hearing on September 5, 2024,
Mother, through her counsel, stipulated to the grant of legal custody of the
children to Grandmother as requested in [Agency’s] motion.
The Court further finds that at the time the case was filed on October
4, 2023, Father had been evicted from his residence and was living with his
brother. Father continued to live with his brother until approximately
November 6, 2023.
The Court further finds that Father was homeless and living in his car
from approximately November 5, 2023, until late April of 2024.
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The Court further finds that Father was living in the Crown Motel in
Massillon, Ohio from late April 2024 until July 24, 2024.
The Court further finds that following the children’s removal from the
home of their paternal uncle and aunt . . . the children were in foster care
from May 10, 2024, until August 11, 2024.
The Court further finds that Father did not visit his children from late
April 2024 until shortly before the children went to Texas to be with
Grandmother in August of 2024, despite his ability to do so.
The Court further finds that the initial Case Plan signed by Father on
November 2, 2023, referred him to Lighthouse Family Center for a parenting
assessment and mental health counseling. He was to follow through with
all recommendations made by Lighthouse Family Center and his mental
health provider.
The Court further finds that although referred to Lighthouse Family
Center in November of 2023, Father did not engage with Lighthouse until
July 31, 2024.
The Court further finds that Father’s delay in engaging with
Lighthouse [F]amily Services was due to his prioritizing his romantic
relationship over his children.
The Court further finds that Father’s completed Lighthouse Family
Services parenting assessment was not received by [Agency] until
December 11, 2024, over a year since the filing of the case and the initial
referral.
The Court further finds that the Lighthouse Family Center report
recommended that Father:
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Participate in individual mental health counseling;
Successfully complete Goodwill parenting classes;
Submit to random drug and alcohol screens and, should he test
positive, participate in substance abuse treatment services[;]
Demonstrate his ability to maintain gainful employment and housing
that is safe and appropriate for himself and his children.
The Court further finds that Father chose not to engage in mental
health counseling when recommended by Lighthouse Family Services
because, in his words, he got everything “fixed” in that he had a job and a
place to live.
The Court further finds that Father finally engaged with CommQuest
for his mental health and substance abuse assessment until [sic] March 20,
2025, approximately eighteen (18) months since the filing of the case.
The Court further finds that Father was discharged from CommQuest
on July 9, 2025, without an independent, objective mental health
determination of his success, but rather because he “self-reported” that he
had met his goals.
The Court further finds that in April of 2025, Father engaged in a
parenting skills program through Ohio Guidestone with Shanna Kuikahi.
The Court further finds that Father completed the Ohio Guidestone
parenting skills program, but that the Ohio Guidestone program is not the
equivalent of the Goodwill parenting program as recommended. The
specialist who administered Ohio Guidestone’s program never observed
Father with his children, permitted Father to participate in his lessons over
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the telephone, and notably pointed out that she has never had a parent in
her program who didn’t pass.
The Court further finds that while Father has completed a parenting
program, he has not acknowledged, nor does he understand the impact of
his choices on his children. In general, Father has exhibited a lack of
introspection regarding his behaviors and their effect on his children.
The Court further finds that Father has failed to internalize [the]
changes which he needs to make in his own behaviors in order to safely
parent his children.
The Court further finds that the children do not have a close bond
with their Father.
The Court further finds that since the outset of this case[,] the
children have expressed a genuine fear of their father.
The Court further finds that the children do not wish to be placed in
Father’s custody but wish to remain in Grandmother’s custody or be
returned to their Mother if she were well.
The Court further finds that the children do not wish to be in Father’s
custody because of their fear of physical discipline, their fear of overall
neglect by their Father, and because of Father’s history of poor parenting
decisions and a fear that those poor decisions would continue.
The Court further finds that since August 11, 202[4], when the
children were placed with Grandmother, Father has never provided gifts or
any basic necessities to his children; nor has he ever sent birthday or
Christmas gifts or cards, nor has he provided any sort of financial support,
nor has he ever . . . asked if he could visit his children.
Case No. 26 CA 0989
– 19 –
The Court further finds that Grandmother’s home is an appropriate
placement for the children and that the children are healthy, happy,
comfortable, and bonded to Grandmother.
The Court further finds that Father has a general attitude of blaming
others for his failures in this matter. He blames his failure to visit with his
children on his lack of money to purchase gas for his car even though he
was offered free gas cards by [Agency]. He blames his delay in initiating his
parenting evaluation at Lighthouse Family Services on his own financial
issues even though he was not required to pay for such services. When
confronted with certain child safety services recommended by a counselor,
Father simply stated that the counselor