[Cite as In re G.B., 2016-Ohio-3001.]
COURT OF APPEALS
TUSCARAWAS COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF G.B., C.B., and L.B. : JUDGES:
: Hon. Sheila G. Farmer, P.J.
: Hon. John W. Wise, J.
: Hon. Craig R. Baldwin, J.
:
:
: Case No. 2015 AP 07 0035
:
: OPINION
CHARACTER OF PROCEEDING: Appeal from the Tuscarawas County
Court of Common Pleas, Juvenile
Division, Case No. 14JN00093
JUDGMENT: Affirmed
DATE OF JUDGMENT: May 13, 2016
APPEARANCES:
For Plaintiff-Appellee For Defendants-Appellants
David and Diana Black
KAREN ROSS QUINLAN
Tuscarawas County Job and Family Services DAVID AND DIANA BLACK, pro se
389 16th Street, SW. 40590 Twp. Rd. 64B
New Philadelphia, Ohio 44663 Dresden, Ohio 43821
Tuscarawas County, Case No. 2015 AP 07 0035 2
Baldwin, J.
{¶1} Appellants David and Diana Black appeal a judgment of the Tuscarawas
County Common Pleas Court, Juvenile Division, awarding legal custody of their children
C.B. and L.B. to appellants’ adult daughter and her husband.1 Appellee is Tuscarawas
County Job and Family Services.
{¶2} C.B. and L.B. were initially placed in foster care in March of 2014. Appellee
became involved with the family upon the filing of an adult protective services case
concerning the maternal grandmother of the children, who was living in the home. The
children were eventually placed with their older sister and her husband. Following a
hearing in the Tuscarawas County Common Pleas Court, Juvenile Division, the court
found that the children were doing well in the home of their sister, and appellants had
made virtually no progress on their case plan. The court therefore granted legal custody
of the children to their sister and brother-in-law, and terminated appellee’s involvement
with the family.
{¶3} Appellants have not set forth assignments of error in their brief, although
they have set forth an argument setting forth their reasons as to why the judgment of the
court was in error. However, the claimed errors rely for their validity on the existence of
a transcript of the proceedings in the trial court, which was not provided to this Court as
required by App. R. 9(B). “When portions of the transcript necessary for resolution of
assigned errors are omitted from the record, the reviewing court has nothing to pass upon
1
G.B. turned eighteen years of age during the pendency of the case, and was therefore not subject to the
legal custody order.
Tuscarawas County, Case No. 2015 AP 07 0035 3
and thus, as to those assigned errors, the court has no choice but to presume the validity
of the lower court's proceedings, and affirm.” Knapp v. Edwards Laboratories, 61 Ohio
St.2d 197, 199, 400 N.E.2d 384, 385 (1980).
{¶4} We overrule appellants’ claimed errors as set forth in the argument section
of their brief. The judgment of the Tuscarawas County Common Pleas Court, Juvenile
Division, is affirmed. Costs are assessed to appellants.
By: Baldwin, J.
Farmer, P.J. and
Wise, J. concur.