[Cite as In re T.B., 2013-Ohio-1157.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
IN RE: Hon. Patricia A. Delaney, P. J.
Hon. William B. Hoffman, J.
Hon. Sheila G. Farmer, J.
T.B., K.B., and N.B. Case Nos. 12CA95, 12CA96, 12CA97
MINOR CHILDREN OPINION
NUNC PRO TUNC - correcting name of
authoring judge on page 2
CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common
Pleas, Juvenile Division, Case Nos. 2008-
DEP-00177, 2008-DEP-00178, 2008-DEP-
00179
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: March 15, 2013
APPEARANCES:
For Appellee RCCS Appellant Father
J. PETER STEFANIUK JOHN S. DILTS
731 Scholl Road 28 South Park Street
Mansfield, Ohio 44907 Mansfield, Ohio 44902
Richland County, Case No. 12CA95, 12CA96, and 12CA97 2
Farmer, J.
{¶1} Appellant Anthony Bishop appeals the decision of the Court of Common
Pleas, Juvenile Division, Richland County, which granted permanent custody of his
three children to Appellee Richland County Children Services (“RCCS”). This is a nunc
pro tunc opinion correcting a scrivener’s error as to the authoring judge’s name on page
2. The relevant facts leading to this appeal are as follows.
{¶2} The children at the center of this case are T.B., born to Appellant and
Paula Timko in 2002; K.B., born to Appellant and Paula Timko in 2004; and N.B., born
to Appellant and Paula Timko in 2006. The mother of the children has separately
appealed.
{¶3} In September 2008, RCCS filed a complaint alleging that appellant’s
aforesaid three children were dependent under R.C. 2151.04. In December 2008, the
trial court adjudicated T.B., K.B., and N.B. as dependent children, with a disposition of
protective supervision by RCCS. The concerns at various points in the case have
included the mother’s mental health and anger issues, her substance abuse, her
criminal activities, lack of suitable housing, and exposure of the children to men with
domestic violence propensities. Appellant Bishop has served prison time and has had
no significant involvement in the case plan services for the family.
{¶4} On November 10, 2009, RCCS obtained temporary custody of T.B., K.B.,
and N.B. pursuant to an emergency shelter care order, following acts of domestic
violence by appellant against the mother in the home. Appellant was subsequently
convicted on three felony counts stemming from the incident and was sentenced to
three years in prison.
Richland County, Case Nos. 12CA95, 12CA96, and 12CA97 3
{¶5} On July 8, 2010, pursuant to a magistrate’s decision, the children were
again placed in the temporary custody of RCCS. The magistrate’s decision was
approved by the trial court on July 28, 2010.
{¶6} On January 13, 2011, RCCS filed a dispositional motion requesting
permanent custody of all three children to the agency.
{¶7} Evidentiary hearings on the permanent custody motion were conducted
before a magistrate on several days between May 3, 2011 and March 1, 2012. The
magistrate issued a decision recommending permanent custody of the children to
RCCS on March 14, 2012.
{¶8} Both sides thereupon filed objections to the decision of the magistrate. On
August 16, 2012, the trial court overruled the objections and approved and adopted the
magistrate’s decision.
{¶9} Appellant Bishop filed a notice of appeal on September 14, 2012. He
herein raises the following sole Assignment of Error in each case:
{¶10} “I. THE COURT ERRED IN DETERMINING THAT THE 12-MONTH OUT
OF 22-MONTH TIME LIMIT IN O.R.C. 2151.413 REGARDING THE 12 MONTHS OUT-
OF-HOME PLACEMENT MEANS TWELVE (12) MONTHS, NOT 368 DAYS.”
I.
{¶11} In his sole Assignment of Error, appellant contends the trial court erred in
relying on the “twelve of twenty-two” rule under R.C. 2151.414(B)(1)(d), supra.1 We
disagree.
1
The text of appellant’s assigned error references R.C. 2151.413(D)(1), which posits
the “twelve of twenty-two” rule in regard to when a children services agency must file for
permanent custody. R.C. 2151.414(B)(1)(d) uses similar language. The wording of the
Richland County, Case Nos. 12CA95, 12CA96, and 12CA97 4
{¶12} One of the alternative criteria under R.C. 2151.414(B)(1)(d) is whether
“[t]he child has been in the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more months of a consecutive
twenty-two month period * * *.”
{¶13} The latter part of R.C. 2151.414(B)(1)(d) additionally states as follows:
{¶14} “For the purposes of division (B)(1) of this section, a child shall be
considered to have entered the temporary custody of an agency on the earlier of the
date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the
date that is sixty days after the removal of the child from home.”
{¶15} Although the case plan in the matter sub judice was approved on
November 20, 2008, the trial court relied on the most recent removal date of November
10, 2009 as the starting point for purposes of R.C. 2151.414(B)(1)(d). Sixty days from
that date was January 9, 2010. The agency thus waited more than twelve months,
specifically until January 13, 2011, to file its motion for permanent custody. During at
least that twelve-month period, the children were in agency custody. We therefore find
proper compliance with the “twelve of twenty-two rule,” and we find no merit in
appellant’s assertion that only “full” months count toward the total.
assigned error is somewhat confusing, as appellant’s actual argument is that the trial
court should have recognized the twelve-month period as meaning twelve full calendar
months.
Richland County, Case Nos. 12CA95, 12CA96, and 12CA97 5
{¶16} Appellant’s sole Assignment of Error is overruled.
{¶17} For the foregoing reasons, the judgment of the Court of Common Pleas,
Juvenile Division, Richland County, Ohio, is hereby affirmed.
By: Farmer, J.
Delaney, P. J., and
Hoffman, J., concur.
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JUDGES
SGF/d 1227
Richland County, Case No. 12CA95, 12CA96, and 12CA97 6
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN RE: :
: JUDGMENT ENTRY
: (NUNC PRO TUNC) - correcting
T.B., K.B., and N.B : name of authoring judge on page
: 2
:
: Case Nos. 12CA95, 12CA96
MINOR CHILDREN : and 12CA97
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas, Juvenile Division, Richland County, Ohio, is
affirmed.
Costs assessed to appellant.
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JUDGES