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In re Moore9/5/2000
Appellant, Cathy Williams, appeals a decision of the Butler County Court of Common Pleas, Juvenile Division, terminating her parental rights and responsibilities and placing permanent custody of her son, Zachary Moore, with the Butler County Children Services Board ("BCCSB").
Zachary was born to Williams and Barry Moore on April 7, 1997. Shortly after Zachary's birth, BCCSB became involved with the family upon receiving a referral which alleged that Moore had an alcohol abuse problem and that both parties lacked adequate parenting skills. A BCCSB caseworker first contacted the family on April 21, 1997. During this initial visit, Moore became belligerent toward the caseworker and threatened to move the family out of state. Williams said little.
On May 1, 1997, BCCSB filed a complaint alleging that Zachary was a dependent child pursuant to R.C. 2151.04. The complaint alleged that Williams lacked adequate parenting skills and that both parents had a history of alcohol abuse. Zachary remained in the custody of his parents at this time, and a case plan was developed which required that Williams and Moore undergo psychiatric assessments. After an amended complaint was filed, the case plan was expanded to include individual therapy for both parents, couples counseling, participation in the Development of Living Skills ("DLS") program, and participation by Moore in anger management counseling and drug screening.
On March 17, 1998, BCCSB filed a second complaint alleging that Zachary was a dependent child. BCCSB also requested temporary custody of Zachary. The complaint alleged that Williams was incapable of caring for Zachary and noted that since the filing of the previous complaint, Moore had pled no contest to contributing to the delinquency of a minor and had been charged with domestic violence after striking Williams. At this time, the family was being evicted from their home, and Williams and Moore had failed to participate in counseling as required by the case plan.
BCCSB was granted temporary custody of Zachary after a shelter care hearing held on March 27, 1998. On May 26, 1998, the trial court found that Zachary was a dependent child after Williams agreed to the dependency finding and Moore failed to appear for the scheduled pretrial hearing.
BCCSB filed a motion for permanent custody of Zachary on June 29, 1998. At this time, BCCSB had been involved with the family for more than a year, and had seen little progress by Zachary's parents. Williams and Moore had been evicted from their home and neither had secured appropriate housing. Williams was living in a homeless shelter while Moore was renting a "sleeping room." Moore had been convicted of contributing to the delinquency of a minor, Williams' niece. He left Ohio for a period of six months and was incarcerated on his return. In spite of a no contact order arising from the domestic violence charge, Williams continued to see Moore. BCCSB expressed concern that Williams lacked the cognitive ability to master appropriate parenting skills.
The trial court held a hearing on the motion for permanent custody on March 18, 1999, and concluded the proceeding on May 26, 1999. Dr. Walters of the Children's Diagnostic Center completed an evaluation of Williams which was entered into evidence. Dr. Walters also testified at the hearing and stated that Williams' I.Q. was in the borderline range. As a result, Dr. Walters felt that Williams' ability to benefit from parenting and life skills classes was limited. Walters noted that this limited Williams' ability to budget money, to keep adequate food and diapers on hand, and to utilize the advice of pediatricians, counselors, and other professiona
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