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In re Speaks6/20/2005
JUDGMENT: Affirmed
{ } Appellant Dawn Mills appeals from the October 14, 2004, Judgment Entry of the Licking County Court of Common Pleas, Juvenile Division, which granted permanent custody to the appellee, Licking County Department of Job and Family Services [hereinafter the agency].
STATEMENT OF THE FACTS AND CASE
{ } Appellant is the biological mother of three children: Austin Speaks, Blake Mills and Catelynne Mills. The agency first became involved with appellant in November of 2002, pursuant to an investigation. The investigation revealed that appellant's paramour, Bryan Murphy, had abused appellant's youngest child Catelynne Mills and left bruises on her. At that time, a safety plan was developed with and signed by appellant. One of the conditions of the safety plan was that appellant agreed to remove Bryan Murphy from her home.
{ } In February of 2003, appellee received another referral regarding appellant. The referral alleged that Bryan Murphy had once again abused Catelynne Mills. After investigation, appellee requested and was granted an ex parte order giving appellee emergency custody of appellant's three children. Austin Speaks was four years old and the whereabouts of his father, John Speaks, was unknown and remained unknown throughout the case. Blake Mills was three years old and his father Bryan Eakin was and remains incarcerated for murder and felonious assault. Catelynne Mills was one year old and paternity of Catelynne had not been established.
{ } A complaint was filed on February 24, 2003, alleging that appellant's children were dependent. The three children were removed from appellant's custody following an emergency shelter care hearing held on February 24, 2003. The children were subsequently adjudicated dependent on May 12, 2003. By Judgment Entry filed May 13, 2003, the children were placed in the temporary custody of the agency.
{ } A case plan was developed and implemented. The case plan that was developed addressed the following problems: appellant's drug use; appellant having allowed persons who are physically abusive to be around the children; appellant having been physically and verbally abusive towards the children; and establishing paternity of Catelynne Mills.
{ } All three of the children were originally placed in foster care. Austin and Catelynne remained in the same foster home. Blake was subsequently placed with his paternal grandparents.
{ } Initially, appellant tried to comply with case plan requirements. However, appellant was not truthful with her mental health counselors, as well as her drug and alcohol counselors. Transcript of Permanent Custody Hearing [hereinafter Tr.], pgs. 16-17. Thereafter, on October 7, 2003, appellant was convicted of driving under the influence [hereinafter "DUI"]. This was appellant's second DUI conviction. Appellant was sentenced to 180 days in jail, with 160 of those days suspended. Appellant was placed on probation for a period of three years. One of the terms of appellant's probation was that she submit to a random drug test. On March 2, 2004, and March 23, 2004, appellant tested positive for cocaine. In addition, in March, 2004, appellant failed to take at least one drug screen requested by her probation officer. A motion to revoke appellant's probation was filed and appellant admitted to violating the terms of her probation. Therefore, in April, 2004, appellant's probation was revoked and the 160 days sentence was imposed.
{ } Subsequently, on June 17, 2004, appellant was convicted of complicity to commit aggravated robbery, a felony of the first degree. Appellant was sentenced to three years in prison. Prior t
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