[Cite as In re J.C.B., 2022-Ohio-3098.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY IN RE: : CASE NO. CA2022-02-019 J.C.B. : OPINION 9/6/2022 : : : : APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case No. JN2020-0316 Garrett Law Offices, and Dawn S. Garrett, for appellant. Michael T. Gmoser, Butler County Prosecuting Attorney, and Michael Greer, Assistant Prosecuting Attorney, for appellee. Legal Aid society of Southwest Ohio, LLC, and Nancy Braun, Guardian Ad Litem. M. POWELL, P.J. {¶ 1} Appellant ("Mother") appeals a decision of the Butler County Court of Common Pleas, Juvenile Division, granting legal custody of her daughter, Jolie, to the child's paternal aunt and uncle (collectively "Paternal Aunt").1 1. For privacy and readability, we refer to the child using a fictitious name. Butler CA2022-02-019 {¶ 2} Jolie was born on October 28, 2020. On November 3, 2020, the Butler County Department of Job and Family Services (the "Agency") filed a complaint alleging that Jolie was a neglected and dependent child. The complaint alleged that: Jolie tested positive for Subutex and marijuana at birth; Mother admitted having a prescription for Subutex since August 2020 and that prior to that date, she had been using heroin, methamphetamine, and Xanax; and on November 2, 2020, the Butler County Sheriff's Office was forced to remove Jolie from Mother's custody because Mother and the child's alleged biological father refused methadone treatment for Jolie which was prescribed as medically necessary to prevent Jolie from experiencing life-threatening seizures. The complaint sought a disposition of temporary custody to the Agency or to the child's Maternal Great-grandmother, or temporary or legal custody to another party deemed appropriate by the juvenile court. Upon the filing of the complaint, the juvenile court awarded emergency custody of Jolie to Maternal Great-grandmother. Following a shelter care hearing on November 9, 2020, Jolie was placed in the temporary custody of Paternal Aunt. {¶ 3} On December 12, 2020, Jolie was adjudicated dependent; temporary custody of Jolie remained with Paternal Aunt. Following a review hearing held on September 27, 2021, a magistrate issued an order notifying Mother that the Agency had requested a final determination regarding its request for legal custody, that a virtual review hearing was set for December 7, 2021, and that an in-person custody hearing was set for January 4, 2022. The magistrate's order advised Mother of her "duty to be present in court for every scheduled court proceedings" and that "[i]n the event that a parent fails to comply with any or all of those duties, this court may, if deemed to be in this child's best interest, place this child in the legal custody of the child's temporary custodian or with any other appropriate person thereby closing this case with no further notice to that parent." The order further provided, -2- Butler CA2022-02-019 THE PARTIES JOINED IN THIS CASE ARE ORDERED TO APPEAR BEFORE THE COURT AT THE TIME AND DATE AS SET FORTH IN THIS ORDER. IF YOU …
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