In re Aiken11/15/2005
{ } Appellant, Joseph Aiken, appeals from the June 6, 2005 judgment entry of the Lake County Court of Common Pleas, Juvenile Division, granting permanent custody of his son, Noah Abraham Aiken ("the minor child"), to appellee, Lake County Department of Job and Family Services.
{ } On June 18, 2003, appellee filed a complaint alleging that the minor child, d.o.b. June 16, 2003, appeared to be an abused child pursuant to R.C. 2151.031.
Appellee also filed a motion for emergency temporary custody on June 18, 2003, and a hearing was held on June 19, 2003. Pursuant to its June 19, 2003 judgment entry, the trial court granted emergency temporary custody of the minor child to appellee.
{ } A case plan was filed on July 28, 2003. On September 11, 2003, an adjudicatory hearing was held in which appellant and Cole-Aiken stipulated that the minor child was an abused child. Pursuant to its September 11, 2003 judgment entry, the trial court found that the minor child was an abused child based on R.C. 2151.031, ordered him to remain in the temporary custody of appellee, and adopted the July 28, 2003 case plan.
{ } An amended case plan was filed on December 18, 2003. Review hearings were held on March 11, 2004, and April 28, 2004, in which the magistrate determined that the parties had not complied with the amended case plan. A second amended case plan was filed on June 11, 2004.
{ } On August 10, 2004, appellee filed a motion for permanent custody.
{ } On November 16, 2004, the guardian ad litem, Amy Marie Freeman ("GAL"), filed her report in which she recommended that appellee be granted permanent custody of the minor child.
{ } A five day permanent custody hearing commenced on November 17, 2004, and was completed on April 7, 2005. At that hearing, Dr. Laura Garlisi ("Dr. Garlisi"), appellant's psychiatrist, testified for appellee that she first saw appellant on August 23, 2001. Based on her assessment, appellant had an adjustment disorder, with depressed and anxious moods, and was diagnosed with polysubstance dependence, and personality disorder, which included antisocial and borderline traits. In May 2002, he was diagnosed with cocaine dependence, alcohol and marijuana abuse, and antisocial personality disorder. Dr. Garlisi's last session with appellant was on January 12, 2004. Because of appellant's problem with impulsivity, aggression, and substance abuse, she was concerned that he would strike the minor child. Dr. Garlisi indicated that even if she had learned that appellant was living a clean and sober life, that would not alleviate her concerns about appellant's past history regarding his ability to care for the minor child, because the best predictor of future aggression is past aggression.
{ } Thomas Coss ("Coss"), a clinical social worker with the Department of Veteran Affairs, testified for appellee that he first met with appellant in 2002, to discuss his income, health, and substance abuse problems. Appellant tested positive for opiates, cocaine, amphetamines, and cannabis. Although appellant was put into programs on three occasions, Coss indicated that he withdrew from treatment each time. Coss opined that appellant's recovery might be detracted if he were to have the minor child in his custody.
{ } Rocky Carroscia ("Carroscia"), an early interventionist specialist at Broadmoor School, testified for appellee that he met with the minor child on September 24, 2003. After conducting a full assessment, it was determined that the minor child had some mild tremors due to his drug exposure, and, thus, underwent therapy. Neither appellant nor Cole-Aiken attended the initial appointment, but wen
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