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LED
OBLIGEE i FY ATIONS COURT
| UIZMAY -4 PH 3: 32
sensei ry BUSH
CLERK oF GOURTS
MONTGOMERY CO. OHIO
1 scs
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
DIVISION OF DOMESTIC RELATIONS
MERCEDES C LUCAS Case No, 2010 DR 00411
PO BOX 4306 SETS No. 7025458931
DAYTON, OH 45401
DOB 06/07/1982
PLAINTIFF OBLIGEE
Judge: DENISE L. CROSS
vs.
LEO C LUCAS 11 ENTRY AND ORDER SUSPENDING
4825 ST JOHNS AVE CHILD SUPPORT OBLIGATION
DAYTON, OH 45406
DOB 12/20/1979
DEFENDANT OBLIGOR
:
This matter is before the Court for an Order suspending the child support obligation.
It appearing to the Court, as evidence by the attached documentation, that the Montgomery
County Juvenile Court filed an Order on March 9, 2012, whereby assuming jurisdiction over the issue
of| custody and support of the parties’ minor child, LEO LUCAS, born 08/14/2001, effective December
912011.
The current child support order is for 1 child at $450.00 per month per child and $ 90.00 per
month on the child support arrearage. There is a Notice/Order to Withhold currently in effect. The
records of the Support Enforcement Agency show no arrearage in the child support account.
, IT IS THEREFORE ORDERED AND THE SUPPORT ENFORCEMENT AGENCY SHALL
ADJUST ITS RECORDS ACCORDINGLY:
: 1. Support for the parties’ minor child, LEO C LUCAS, Ill, born 08/14/2001, is hereby
suspended effective December 09, 2011, pursuant to the attached documentation.
2. An Order to terminate the Notice/Order to Withhold shall issue herewith.
3. The Support Enforcement Agency shall release forthwith to the Obligor any funds being
held or subsequently received which are in excess of the support obligation except, any funds being
held by the Support Enforcement Agency pursuant to an Injured Spouse Claim resulting from an IRS
intercept.|!
ve
Gage No.» 2010 DR 00411.
SETS No. 7025458931
Page 2
| 4. IT IS FURTHER ORDERED by the Court that the OBLIGOR shall pay the remaining Clerk
administrative fees in this action. Said payment should be remitted forthwith upon receiving an
invoice by cash, check, or money order to: Montgomery County Clerk of Courts, Division of Domestic
Rélations, 41 N. Perry Street, P, O. Box 972, Dayton, Ohio 45422. (Be sure to include your case
number.)
DENISE L. CROSS, JUDGE
& ty
NOTICE OF FINAL APPEALABLE ORDER
ebpies of the foregoing Entry and Order, which may be a final appealable order, were mailed to
parties herein on the date indicated below, by regular mail.
‘|
GREGORY A. BRUSH Clerk of Courts By: SHARON HARNESS Date:
“ 2/TE/ABS
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YOVENILE Divesig
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(by
COMME SP
MON ToOMERGLEAS
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, onto UNTY
: JUVENILE DIVISION
IN RE: Leo Lucas, III S\N DOB 8-14-01 JC NO. C 2011-9765 01
Judge Anthony Capizzi
Magistrate Kimberly Harshbarger
IV-D SETS 7090222089 (Mother) $44)
IV-D SETS 7090222154 (Father) 4)
MAGISTRATE'’S DECISION AND JUDGE’S
ORDER OF ADJUDICATION AND
DISPOSITION OF TEMPORARY CUSTODY
This case came before Magistrate Kimberly Harshbarger on February 23, 2012, for an adjudication and
dispositional hearing regarding the complaint as to dependency filed on December 5, 2011 by the Assistant Prosecuting
Attomey; amended at bar to a complaint as to dependency as the Assistant Prosecuting Attorney orally amended the
ording within the complaint pursuant to an agreement reached between the parties. The Assistant Prosecuting Attomey
pioceeded with 2 requested adjudication of dependency. The mother and father waive service of the amended complaint.
Present at the hearing were: Mercedes Culp Lucas, Mother; Leo Lucas, Jr., Father, Mary Lucas, Guardian; Leo
Lucas, Sr., Guardian; Larry Cartwright, Intervention; Matthew Barbatos, Attorney/Substitute for Jon Paul Rion; Sonia a
Dejesus- Jordan, Montgomery County Children Services; Jeremiah Denslow, Guardian ad Litem for the Child; Tracy
Hughes, Montgomery County Children Services; Julia Kolber, Attorney for the Mother; Patricia Rousseau, Attorney for
the Child; Michele Williams, Montgomery County Children Services; and Laura Woodruff, Assistant Prosecuting
Attomey.
All interested parties or persons have appeared or have been served duc legal notice of this proceeding. This
Court fully explained to all parties present their legal rights, including the right to counsel, and the possible consequences
of this hearing, whereupon said parties acknowledged to the Court that they understood the same.
The Court makes the following findings of fact: (1) the Agency has made reasonable efforts to prevent the
removal of the child from the child’s home, to eliminate the continued removal of the child from the child’s home, or to
make it possible for the child to return home; (2) the relevant services provided by the Agency to the family of the child
are: case management, substitute foster care, information referral, and home study; (3) those services did not prevent the
removal of the child from the child's home or enable the child to return home; (4) the child has mental health issues; (5)
the parents and child have not completed their case plan objectives; (6) a relative or non-relative is willing, able, and
suitable for the care of the child;(7) a home study has been approved on a relative; (8) a criminal background check has
béen completed on a relative; (9) there is reasonable cause to believe that the child will be reunified with one/both of the
parent(s); (20),the West Carrollton City School District is ordered to be responsible for the cost of educating the child,
including but not limited to, any summer courses or tutoring sessions, because at the time of removal, the parent of the
child resided at 4765 Rolling Street, West Carrollton, Ohio 45439; and (11) the Guardian ad Litem recommends granting
temporary custody to the paternal grandparents, Mary and Leo Lucas, Sr.
The Court, having received the case plan by Montgomery County Job and Family Services - Children Services
Division (MCCS), and in accordance with §2151.353(D) of the Ohio Revised Code, approves the same and orders that the
case plan be and hereby is incorporated herein as the Order of the Court.
Based upon the evidence and testimony presented, the Court finds that the child is within the provisions of Title
2151 of the Ohio Revised Code and is a dependent child. There is an agreement of the parties as follows: The parties agree
that the child is dependent based upon the facts alleged within the complaint with the following modifications:ENTRY | Page 2
JC NO. C 2011-9765 01. .
1) Paragraph 3, Lines 2 through 4- The sentence “The child punched his brother and then grabbed a knife
from the kitchen and is walking through the house threatening the brother.” is deleted;
2) Page 2 of the complaint, first full paragraph, Line 7 & 8, the sentence beginning, “Mother informed this
caseworker...” is modified to the following: “Mother informed this caseworker of her concerns that the
father is abusing illegal substances and does not have the ability to care for the child.” The remainder of
the complaint shall remain unchanged and the facts are stipulated as true by the parties.
The Court adjudicates the child as dependent based upon the stipulated facts of the orally amended complaint
as indicated herein.
The Assistant Prosecuting Attomey’s motion requesting temporary custody to be granted to the paternal
grandparents Mary and Leo Lucas, Sr. is granted pursuant to the evidence presented, the agreement between the parties,
and the recommendation of the Guardian ad Litem. For good’cause shown and the Court finding that it appears to be in the
child’s best interests, orders that temporary custody be and hereby is granted to Mary and Leo Lucas, Sr., 4966 Glencross
Drive, Dayton, Ohio 45406. Temporary custody will expire on December $, 2012.
It is further ordered that the former order filed herein granting interim temporary custody to Montgomery County
Job and Family Services Children Services Division (MCCS) be and hereby is terminated.
St is further ordered that parenting time with the child be and hereby is granted, as agreed by the parties, The
patemal grandparents agreed to provide transportation for the child to visit at his mother’s home on a weekly basis.
The Court respectfully requests the Montgomery County Domestic Relations Court to terminate the child support
obligation of the father, Leo Lucas, Jr. (SETS Number 7025458931, Case Number 2010DR41}), effective December 9,
‘ 2011, as the mother, Mercedes Culp Lucas, has not had custody of the child since that date. The Montgomery County
Suvenile Court is setting forth an order regarding child support to reflect the child’s current circumstances.
1 It is further ordered pursuant to §2151.415 of the Ohio Revised Code an Annual Revicw/Permanency Planning
Hearing will be held on October 31, 2012 at 2:00 p.m. before Magistrate Kimberly Harshbarger, at the Juvenile
Justice Center, 380 W. Second St., Dayton, Ohio 45422.
‘The Court orders that the parents are ordered to pay child support for their child.
For the purposes of child support, this Court makes the following findings: (1) The Obligee is Leo Lucas, Sr.; (2)
‘The Obligor, Mercedes Culp Lucas, is not employed, is not self-employed, is not receiving Worker's Compensation, is
not receiving Unemployment Compensation, and has no other income; and (3) The Obliger, Leo Lucas, Jr., has a
deviation in support from the State guidelines granted because of significant in-kind contributions from a parent,
SUPP! ORDER
IT IS THEREFORE ORDERED that when private health insurance IS being provided by a party in accordance
with this order for the child named above, the Obligor, Mercedes Culp Lucas shall pay child support for the minor child
in the amount of $50.00 per month, per child, for one (1) child, plus the 2% processing fee.
IT IS FURTHER ORDERED that when private health insurance IS NOT being provided by a party in accordance
with this order for the child named above, the Obligor, Mercedes Culp Lucas shail pay child support for the minor child
in the amount of $50.00 per month, per child, for one (1) child and $0.00 per month cash medical support, plas the 2%
processing fee.
IT IS THEREFORE ORDERED that when private health insurance IS being provided by a party in accordance
with this order for the child named above, the Obligor, Leo Lucas, Jr. shall pay child support for the minor child in the
amount of $50.00 per month, per child, for one (1) chitd, plus the 2% processing fee.
IT IS FURTHER ORDERED that when private health insurance IS NOT being provided by a party in accordance with this
order for the child named above, the Obligor, Leo Lucas, Jr., shall pay child support for the minor child in theENTRY Page 3
SC NO. C 2011-9765 01
amount of $50.00 per month, per child, for one (1) child and $0.00 per month cash medical support, plus the
2% processing fee.
If private health insurance coverage is being provided and becomes unavailable or is terminated, the Child
Support Obligor shall begin paying cash medical support in the amonnt as determined by the child support
computation worksheet pursuant to Sec 3119.022 and 3119023 Ohio Revised Code commencing the first day of the
month immediately following the month in which private health insurance coverage becomes unavailable or is
terminated, and shall cease paying cash medical support on the last day of the month immediately preceding the
month in which private health insurance coverage begins or resumes. Cash medical support shall be paid in
addition to child support and MCSEA may change the financial obligation of the parties to pay child support and
éash medical support without a bearing or additional notice to the parties.
IT IS THEREFORE ORDERED that the Obligor, Mercedes Culp Lucas, shal! pay as and for child support under
SETS account number M2089, $50.00 per child per month for one (1) child and $0.00 cash medical support, to be
discharged in equal aniounts according to the pay schedule of the Obligor. These payments musi be made through the
Ohio Child Support Payment Central (CSPC), P.O. Box 182394, Columbus, Ohio 43218, and OBLIGOR SHALL MAKE
SAID PAYMENTS BY CERTIFIED CHECK, OR MONEY ORDER, PLUS THE 2% SERVICE FEE TO THE OCSPC
UNTIL SUC! E_AS SAID AMOUNTS ARE WI LD_ BY THE WI (OLD) RDER_ISSUED
ITH.
The obligation to pay this order shall commence on: February 23, 2012.
Obligor is not employed and does not have funds or assets from which support can be paid or secured. An Order
to Seek Work shall issue. .
IT IS FURTHER ORDERED that the Obligor shall report to the Job Bank (937-225-5275), located at the
Job Center, 1111 South Edwin C. Moses Boulevard, Dayton, Ohio 45408, to the ATTENTION OF ACS, WITHIN
SEVEN (7) DAYS OF THE TIME-STAMPED DATE OF THIS ORDER, and is ordered to successfully complete all
‘assessment and training programs which are found to be appropriate. THE OBLIGOR SHALL REPORT TO
THE JOB CENTER AT 8:30 A.M. ON A TUESDAY, WEDNESDAY, OR THURSDAY.
QBLIGOR IS WARNED: Obligor’s failure to attend the Job Center program may result in a citation for contempt
‘of court. Obligor is not released from the continuing jurisdiction of the Court on this case and a continuing
obligation to comply with all orders of the Court, and is hereby so advised.
IT IS THEREFORE ORDERED that the Obligor, Leo Lucas, Jr, shall pay as and for child support under SETS
account number MN? 154, $50.00 per child per month for one (1) child and $0.00 cash medical support, to be
discharged in equal amounts according to the pay schedule of the Obligor, These payments must be made through the
‘Ohio Child Support Payment Central (CSPC), P.O. Box 182394, Columbus, Ohio 43218, and OBLIGOR SHALL MAKE
‘SAID PAYMENTS BY CERTIFIED CHECK, OR MONEY ORDER, PLUS. 2% SERVICE FE!
Ss)
UNTIL SUCH TIME AS SAID AMOUNTS ARE WITHHELD BY THE WITHHOLDING ORDER ISSUED
‘HEREWITH.
The obligation to pay this order sha!] commence on: February 23, 2012.
Obtigor is employed. An Employer Notice to Withhold shal! issue to: WC Jones Asphalt Paving, Attention:
Payroll, 905 South Broadway Street, Dayton, Ohio 45408-1914.
All child support ordered by this order shall be withheld or deducted from the wages income, or assets of the
Obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordance with Section 3121.03
of the Revised Code or a withdrawal directive issued pursuant to Section 3121.03 of the Revised Code and shall be
forwarded ta the Obligee in accordance with Section 3121.03 of the Revised Code. The specific withholding or deduction
requirements or other appropriate requirements to be used to collect the support shall be set forth in and determined by
‘reference to the notices that are mailed by the Court or the Child Support Enforcement Agency in accordance with
Divisions (A){2) and (d) of Section 3121.03 of the Revised Code or the court orders that are issued and sent out inENTRY Page 4
JC NO. C 2011-9765 01
accordance with 3121.03 of the Revised Code and shall be determined without the need for any amendment to the support
order. Those notices and court orders, plus the notices provided by the Court or the agency that require the person who is
required to pay the support to notify the Child Support Enforcement Agency of any changes in employment status or any
other change in the status of assets, are final and are enforceable by the Court.
IT IS FURTHER ORDERED that Obligor is restrained from making said payments directly to the Obligee and the
Obligee is enjoined from accepting direct payments from the Obligor. Any payments of support not made through the SEA
shall be deemed a gift.
IT IS FURTHER ORDERED that Obligor and Obligce notify the SEA immediately, in writing, of their current
mailing address, current residential address, current residence telephone number and current driver's license number. This
duty to notify the SEA immediately of any change in either addresses, phone numbers or driver license numbers shall
continue until further notice of the Court.
IT IS FURTHER ORDERED that the Obligor shal] notify the SEA immediately, in writing, of any change in
employment status or employer. This duty to notify the SEA immediately shall continue until further notice of the Court,
and a failure to provide such notification may make the Obligor liable for retroactive support that would have been ordered.
IT IS FURTHER ORDERED that the Obligor and Obligee shall notify the SEA immediately, in writing, of any
change in the status of the minor children of the parties which would terminate the duty of Obligor to pay child support.
IT IS FURTHER ORDERED that the Obligor and Qbligee shall notify the other party immediately, in writing of
any change in status which would effect child support and/or spousal support.
IT IS FURTHER ORDERED that both parties shall take notice of the Obligee’s Rights and Remedies for
Enforcement of Support, attached hereto, available to the Obligee in the event the Obligor fails to make ‘payment of support
as ordered herein.
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT
AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE
ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER,
AND OF ANY CHANGES IN THAT INFORMATION, EACH PARTY MUST NOTIFY THE AGENCY OF ALL
CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE THE OBLIGOR UNDER A
CHILD SUPPORT ORDER AND FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FINED
UP TO $50 FORA FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER AND YOU
‘WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FOUND IN CONTEMPT
OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN
90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU
MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU:
IMPOSITION OF LIENS AGAINST YOUR PROPERTY: LOSS OF YOUR PROFESSIONAL OR
OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM
YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO
SATISFY YOUR SUPPORT OBLIGATION.
The services of all appointed counsel, except the Public Defender and Guardian ad Litem, will terminate after the
Statutory period for filing a timely Objection and Appeal has expired. Any party requesting the re-appointment of counsel
must contact the Juvenile Court.
MAGISTRATE KIMBERLY HARSHBARGER
Magistrate Kimberly Harshbargerl
V ENTRY Page S '
: JCNO. 2011-9765 01
JUDGE'S ORDER ADOPTING MAGISTRATE'S DECISION .
The above Magistrate’s Decision is hereby adopted as an Order of this Court. The parties have fourteen (14) days
:to object to this decision and may request Findings of Fact and Conclusion of Law pursuant to Civil Rule 52 and
| Montgomery County Juvenile Court Rule 5.11.2. A party shall not assign as error on appeal the Court’s adoption of any
finding of fact or conclusion of law, in that decision, unless the party timely and specifically objects to that finding or
“epnelusion as required by Juvenile Court Rute 40(£)(3).
! IT IS SO ORDERED.
JUDGE ANTHONY CAPIZZI
Judge Anthony Capizzi
:ENDORSEMENT: The Clerk of Courts is hereby directed to serve upon all parties not in default for failure to appear,
notice of the judgment and its date of entry upon the journal.
NOTICE OF FINAL APPEALABLE ORDER
‘Copies of the foregoing Entry and Order, which may be a Final Appealable Order, were entered upon the journal and
mailed to the parties indicated below, via regutar mail, on or within three (3) days of the time stamped date on this Order.
|JUDGE NICK KUNTZ, By: J. Petrella, (Chief Deputy Clerk), Juvenile Division
IMCIES, ATTN: Mandated Services, 3304 North Main Street, Dayton, Ohio 45405
[Laura Woodruff, Assistant Prosecuting Attorney for MCJFS - Children Services Division, CPU
‘tho bes Culp Lucas, 4765 Rolling Street, Dayton, Ohio 45439
Leo Lucas, Jr., 4325 Saint Johns Avenue, Dayton, Ohio 45406
[Leo and Mary. Lucas, 4966 Glenncross Drive, Dayton, Ohio 45406
Guardian ad Litem for the Child, Jeremiah Denslow, Atty., 130 West Second Street, Suite 1818, Dayton, Ohio 45402
|Attomey for the Child, Patricia Rousseau, Law Office of the Public Defender
[Ajtomey for the Mother, Julia Kolber, Atty., 12 W. Monument Ave., Dayton, Ohio 45402
Altamey for the Father, John P. Rion, Atty., 2150 One First National Plaza, 130 W. Second St., Dayton, Ohio 45402
|Attomey/Substitute for Jon P. Rion, Matt Barbato, Atty., 130 West Second Street, Ste. 2150, Dayton, Ohio 45402
Montgomery County Domestic Refations Compliance Office
West Carrollton City Schools, ATTN: Dr. Rusty Clifford, 430 E. Pease Ave., West Carrollton, Ohio 45449
(MCIFS - Support Enforcement Agency
(Citizen Review Board
‘sl Catrine, Case Management Specialist
at CESS TC ADNDISPO Reviesa 1077018
Preview
| mo, , : Redacted by Clerk of Court . ojon cor . eile LED OBLIGEE i FY ATIONS COURT | UIZMAY -4 PH 3: 32 sensei ry BUSH CLERK oF GOURTS MONTGOMERY CO. OHIO 1 scs IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS MERCEDES C LUCAS Case No, 2010 DR 00411 PO BOX 4306 SETS No. 7025458931 DAYTON, OH 45401 DOB 06/07/1982 PLAINTIFF OBLIGEE Judge: DENISE L. CROSS vs. LEO C LUCAS 11 ENTRY AND ORDER SUSPENDING 4825 ST JOHNS AVE CHILD SUPPORT OBLIGATION DAYTON, OH 45406 DOB 12/20/1979 DEFENDANT OBLIGOR : This matter is before the Court for an Order suspending the child support obligation. It appearing to the Court, as evidence by the attached documentation, that the Montgomery County Juvenile Court filed an Order on March 9, 2012, whereby assuming jurisdiction over the issue of| custody and support of the parties’ minor child, LEO LUCAS, born 08/14/2001, effective December 912011. The current child support order is for 1 child at $450.00 per month per child and $ 90.00 per month on the child support arrearage. There is a Notice/Order to Withhold currently in effect. The records of the Support Enforcement Agency show no arrearage in the child support account. , IT IS THEREFORE ORDERED AND THE SUPPORT ENFORCEMENT AGENCY SHALL ADJUST ITS RECORDS ACCORDINGLY: : 1. Support for the parties’ minor child, LEO C LUCAS, Ill, born 08/14/2001, is hereby suspended effective December 09, 2011, pursuant to the attached documentation. 2. An Order to terminate the Notice/Order to Withhold shall issue herewith. 3. The Support Enforcement Agency shall release forthwith to the Obligor any funds being held or subsequently received which are in excess of the support obligation except, any funds being held by the Support Enforcement Agency pursuant to an Injured Spouse Claim resulting from an IRS intercept.|! ve Gage No.» 2010 DR 00411. SETS No. 7025458931 Page 2 | 4. IT IS FURTHER ORDERED by the Court that the OBLIGOR shall pay the remaining Clerk administrative fees in this action. Said payment should be remitted forthwith upon receiving an invoice by cash, check, or money order to: Montgomery County Clerk of Courts, Division of Domestic Rélations, 41 N. Perry Street, P, O. Box 972, Dayton, Ohio 45422. (Be sure to include your case number.) DENISE L. CROSS, JUDGE & ty NOTICE OF FINAL APPEALABLE ORDER ebpies of the foregoing Entry and Order, which may be a final appealable order, were mailed to parties herein on the date indicated below, by regular mail. ‘| GREGORY A. BRUSH Clerk of Courts By: SHARON HARNESS Date: “ 2/TE/ABS ' } “| !Ww Su) MLey YOVENILE Divesig iH I2H0R-9 PH a5 My, (by COMME SP MON ToOMERGLEAS IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, onto UNTY : JUVENILE DIVISION IN RE: Leo Lucas, III S\N DOB 8-14-01 JC NO. C 2011-9765 01 Judge Anthony Capizzi Magistrate Kimberly Harshbarger IV-D SETS 7090222089 (Mother) $44) IV-D SETS 7090222154 (Father) 4) MAGISTRATE'’S DECISION AND JUDGE’S ORDER OF ADJUDICATION AND DISPOSITION OF TEMPORARY CUSTODY This case came before Magistrate Kimberly Harshbarger on February 23, 2012, for an adjudication and dispositional hearing regarding the complaint as to dependency filed on December 5, 2011 by the Assistant Prosecuting Attomey; amended at bar to a complaint as to dependency as the Assistant Prosecuting Attorney orally amended the ording within the complaint pursuant to an agreement reached between the parties. The Assistant Prosecuting Attomey pioceeded with 2 requested adjudication of dependency. The mother and father waive service of the amended complaint. Present at the hearing were: Mercedes Culp Lucas, Mother; Leo Lucas, Jr., Father, Mary Lucas, Guardian; Leo Lucas, Sr., Guardian; Larry Cartwright, Intervention; Matthew Barbatos, Attorney/Substitute for Jon Paul Rion; Sonia a Dejesus- Jordan, Montgomery County Children Services; Jeremiah Denslow, Guardian ad Litem for the Child; Tracy Hughes, Montgomery County Children Services; Julia Kolber, Attorney for the Mother; Patricia Rousseau, Attorney for the Child; Michele Williams, Montgomery County Children Services; and Laura Woodruff, Assistant Prosecuting Attomey. All interested parties or persons have appeared or have been served duc legal notice of this proceeding. This Court fully explained to all parties present their legal rights, including the right to counsel, and the possible consequences of this hearing, whereupon said parties acknowledged to the Court that they understood the same. The Court makes the following findings of fact: (1) the Agency has made reasonable efforts to prevent the removal of the child from the child’s home, to eliminate the continued removal of the child from the child’s home, or to make it possible for the child to return home; (2) the relevant services provided by the Agency to the family of the child are: case management, substitute foster care, information referral, and home study; (3) those services did not prevent the removal of the child from the child's home or enable the child to return home; (4) the child has mental health issues; (5) the parents and child have not completed their case plan objectives; (6) a relative or non-relative is willing, able, and suitable for the care of the child;(7) a home study has been approved on a relative; (8) a criminal background check has béen completed on a relative; (9) there is reasonable cause to believe that the child will be reunified with one/both of the parent(s); (20),the West Carrollton City School District is ordered to be responsible for the cost of educating the child, including but not limited to, any summer courses or tutoring sessions, because at the time of removal, the parent of the child resided at 4765 Rolling Street, West Carrollton, Ohio 45439; and (11) the Guardian ad Litem recommends granting temporary custody to the paternal grandparents, Mary and Leo Lucas, Sr. The Court, having received the case plan by Montgomery County Job and Family Services - Children Services Division (MCCS), and in accordance with §2151.353(D) of the Ohio Revised Code, approves the same and orders that the case plan be and hereby is incorporated herein as the Order of the Court. Based upon the evidence and testimony presented, the Court finds that the child is within the provisions of Title 2151 of the Ohio Revised Code and is a dependent child. There is an agreement of the parties as follows: The parties agree that the child is dependent based upon the facts alleged within the complaint with the following modifications:ENTRY | Page 2 JC NO. C 2011-9765 01. . 1) Paragraph 3, Lines 2 through 4- The sentence “The child punched his brother and then grabbed a knife from the kitchen and is walking through the house threatening the brother.” is deleted; 2) Page 2 of the complaint, first full paragraph, Line 7 & 8, the sentence beginning, “Mother informed this caseworker...” is modified to the following: “Mother informed this caseworker of her concerns that the father is abusing illegal substances and does not have the ability to care for the child.” The remainder of the complaint shall remain unchanged and the facts are stipulated as true by the parties. The Court adjudicates the child as dependent based upon the stipulated facts of the orally amended complaint as indicated herein. The Assistant Prosecuting Attomey’s motion requesting temporary custody to be granted to the paternal grandparents Mary and Leo Lucas, Sr. is granted pursuant to the evidence presented, the agreement between the parties, and the recommendation of the Guardian ad Litem. For good’cause shown and the Court finding that it appears to be in the child’s best interests, orders that temporary custody be and hereby is granted to Mary and Leo Lucas, Sr., 4966 Glencross Drive, Dayton, Ohio 45406. Temporary custody will expire on December $, 2012. It is further ordered that the former order filed herein granting interim temporary custody to Montgomery County Job and Family Services Children Services Division (MCCS) be and hereby is terminated. St is further ordered that parenting time with the child be and hereby is granted, as agreed by the parties, The patemal grandparents agreed to provide transportation for the child to visit at his mother’s home on a weekly basis. The Court respectfully requests the Montgomery County Domestic Relations Court to terminate the child support obligation of the father, Leo Lucas, Jr. (SETS Number 7025458931, Case Number 2010DR41}), effective December 9, ‘ 2011, as the mother, Mercedes Culp Lucas, has not had custody of the child since that date. The Montgomery County Suvenile Court is setting forth an order regarding child support to reflect the child’s current circumstances. 1 It is further ordered pursuant to §2151.415 of the Ohio Revised Code an Annual Revicw/Permanency Planning Hearing will be held on October 31, 2012 at 2:00 p.m. before Magistrate Kimberly Harshbarger, at the Juvenile Justice Center, 380 W. Second St., Dayton, Ohio 45422. ‘The Court orders that the parents are ordered to pay child support for their child. For the purposes of child support, this Court makes the following findings: (1) The Obligee is Leo Lucas, Sr.; (2) ‘The Obligor, Mercedes Culp Lucas, is not employed, is not self-employed, is not receiving Worker's Compensation, is not receiving Unemployment Compensation, and has no other income; and (3) The Obliger, Leo Lucas, Jr., has a deviation in support from the State guidelines granted because of significant in-kind contributions from a parent, SUPP! ORDER IT IS THEREFORE ORDERED that when private health insurance IS being provided by a party in accordance with this order for the child named above, the Obligor, Mercedes Culp Lucas shall pay child support for the minor child in the amount of $50.00 per month, per child, for one (1) child, plus the 2% processing fee. IT IS FURTHER ORDERED that when private health insurance IS NOT being provided by a party in accordance with this order for the child named above, the Obligor, Mercedes Culp Lucas shail pay child support for the minor child in the amount of $50.00 per month, per child, for one (1) child and $0.00 per month cash medical support, plas the 2% processing fee. IT IS THEREFORE ORDERED that when private health insurance IS being provided by a party in accordance with this order for the child named above, the Obligor, Leo Lucas, Jr. shall pay child support for the minor child in the amount of $50.00 per month, per child, for one (1) chitd, plus the 2% processing fee. IT IS FURTHER ORDERED that when private health insurance IS NOT being provided by a party in accordance with this order for the child named above, the Obligor, Leo Lucas, Jr., shall pay child support for the minor child in theENTRY Page 3 SC NO. C 2011-9765 01 amount of $50.00 per month, per child, for one (1) child and $0.00 per month cash medical support, plus the 2% processing fee. If private health insurance coverage is being provided and becomes unavailable or is terminated, the Child Support Obligor shall begin paying cash medical support in the amonnt as determined by the child support computation worksheet pursuant to Sec 3119.022 and 3119023 Ohio Revised Code commencing the first day of the month immediately following the month in which private health insurance coverage becomes unavailable or is terminated, and shall cease paying cash medical support on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. Cash medical support shall be paid in addition to child support and MCSEA may change the financial obligation of the parties to pay child support and éash medical support without a bearing or additional notice to the parties. IT IS THEREFORE ORDERED that the Obligor, Mercedes Culp Lucas, shal! pay as and for child support under SETS account number M2089, $50.00 per child per month for one (1) child and $0.00 cash medical support, to be discharged in equal aniounts according to the pay schedule of the Obligor. These payments musi be made through the Ohio Child Support Payment Central (CSPC), P.O. Box 182394, Columbus, Ohio 43218, and OBLIGOR SHALL MAKE SAID PAYMENTS BY CERTIFIED CHECK, OR MONEY ORDER, PLUS THE 2% SERVICE FEE TO THE OCSPC UNTIL SUC! E_AS SAID AMOUNTS ARE WI LD_ BY THE WI (OLD) RDER_ISSUED ITH. The obligation to pay this order shall commence on: February 23, 2012. Obligor is not employed and does not have funds or assets from which support can be paid or secured. An Order to Seek Work shall issue. . IT IS FURTHER ORDERED that the Obligor shall report to the Job Bank (937-225-5275), located at the Job Center, 1111 South Edwin C. Moses Boulevard, Dayton, Ohio 45408, to the ATTENTION OF ACS, WITHIN SEVEN (7) DAYS OF THE TIME-STAMPED DATE OF THIS ORDER, and is ordered to successfully complete all ‘assessment and training programs which are found to be appropriate. THE OBLIGOR SHALL REPORT TO THE JOB CENTER AT 8:30 A.M. ON A TUESDAY, WEDNESDAY, OR THURSDAY. QBLIGOR IS WARNED: Obligor’s failure to attend the Job Center program may result in a citation for contempt ‘of court. Obligor is not released from the continuing jurisdiction of the Court on this case and a continuing obligation to comply with all orders of the Court, and is hereby so advised. IT IS THEREFORE ORDERED that the Obligor, Leo Lucas, Jr, shall pay as and for child support under SETS account number MN? 154, $50.00 per child per month for one (1) child and $0.00 cash medical support, to be discharged in equal amounts according to the pay schedule of the Obligor, These payments must be made through the ‘Ohio Child Support Payment Central (CSPC), P.O. Box 182394, Columbus, Ohio 43218, and OBLIGOR SHALL MAKE ‘SAID PAYMENTS BY CERTIFIED CHECK, OR MONEY ORDER, PLUS. 2% SERVICE FE! Ss) UNTIL SUCH TIME AS SAID AMOUNTS ARE WITHHELD BY THE WITHHOLDING ORDER ISSUED ‘HEREWITH. The obligation to pay this order sha!] commence on: February 23, 2012. Obtigor is employed. An Employer Notice to Withhold shal! issue to: WC Jones Asphalt Paving, Attention: Payroll, 905 South Broadway Street, Dayton, Ohio 45408-1914. All child support ordered by this order shall be withheld or deducted from the wages income, or assets of the Obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordance with Section 3121.03 of the Revised Code or a withdrawal directive issued pursuant to Section 3121.03 of the Revised Code and shall be forwarded ta the Obligee in accordance with Section 3121.03 of the Revised Code. The specific withholding or deduction requirements or other appropriate requirements to be used to collect the support shall be set forth in and determined by ‘reference to the notices that are mailed by the Court or the Child Support Enforcement Agency in accordance with Divisions (A){2) and (d) of Section 3121.03 of the Revised Code or the court orders that are issued and sent out inENTRY Page 4 JC NO. C 2011-9765 01 accordance with 3121.03 of the Revised Code and shall be determined without the need for any amendment to the support order. Those notices and court orders, plus the notices provided by the Court or the agency that require the person who is required to pay the support to notify the Child Support Enforcement Agency of any changes in employment status or any other change in the status of assets, are final and are enforceable by the Court. IT IS FURTHER ORDERED that Obligor is restrained from making said payments directly to the Obligee and the Obligee is enjoined from accepting direct payments from the Obligor. Any payments of support not made through the SEA shall be deemed a gift. IT IS FURTHER ORDERED that Obligor and Obligce notify the SEA immediately, in writing, of their current mailing address, current residential address, current residence telephone number and current driver's license number. This duty to notify the SEA immediately of any change in either addresses, phone numbers or driver license numbers shall continue until further notice of the Court. IT IS FURTHER ORDERED that the Obligor shal] notify the SEA immediately, in writing, of any change in employment status or employer. This duty to notify the SEA immediately shall continue until further notice of the Court, and a failure to provide such notification may make the Obligor liable for retroactive support that would have been ordered. IT IS FURTHER ORDERED that the Obligor and Obligee shall notify the SEA immediately, in writing, of any change in the status of the minor children of the parties which would terminate the duty of Obligor to pay child support. IT IS FURTHER ORDERED that the Obligor and Qbligee shall notify the other party immediately, in writing of any change in status which would effect child support and/or spousal support. IT IS FURTHER ORDERED that both parties shall take notice of the Obligee’s Rights and Remedies for Enforcement of Support, attached hereto, available to the Obligee in the event the Obligor fails to make ‘payment of support as ordered herein. EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION, EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FORA FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER AND YOU ‘WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY: LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. The services of all appointed counsel, except the Public Defender and Guardian ad Litem, will terminate after the Statutory period for filing a timely Objection and Appeal has expired. Any party requesting the re-appointment of counsel must contact the Juvenile Court. MAGISTRATE KIMBERLY HARSHBARGER Magistrate Kimberly Harshbargerl V ENTRY Page S ' : JCNO. 2011-9765 01 JUDGE'S ORDER ADOPTING MAGISTRATE'S DECISION . The above Magistrate’s Decision is hereby adopted as an Order of this Court. The parties have fourteen (14) days :to object to this decision and may request Findings of Fact and Conclusion of Law pursuant to Civil Rule 52 and | Montgomery County Juvenile Court Rule 5.11.2. A party shall not assign as error on appeal the Court’s adoption of any finding of fact or conclusion of law, in that decision, unless the party timely and specifically objects to that finding or “epnelusion as required by Juvenile Court Rute 40(£)(3). ! IT IS SO ORDERED. JUDGE ANTHONY CAPIZZI Judge Anthony Capizzi :ENDORSEMENT: The Clerk of Courts is hereby directed to serve upon all parties not in default for failure to appear, notice of the judgment and its date of entry upon the journal. NOTICE OF FINAL APPEALABLE ORDER ‘Copies of the foregoing Entry and Order, which may be a Final Appealable Order, were entered upon the journal and mailed to the parties indicated below, via regutar mail, on or within three (3) days of the time stamped date on this Order. |JUDGE NICK KUNTZ, By: J. Petrella, (Chief Deputy Clerk), Juvenile Division IMCIES, ATTN: Mandated Services, 3304 North Main Street, Dayton, Ohio 45405 [Laura Woodruff, Assistant Prosecuting Attorney for MCJFS - Children Services Division, CPU ‘tho bes Culp Lucas, 4765 Rolling Street, Dayton, Ohio 45439 Leo Lucas, Jr., 4325 Saint Johns Avenue, Dayton, Ohio 45406 [Leo and Mary. Lucas, 4966 Glenncross Drive, Dayton, Ohio 45406 Guardian ad Litem for the Child, Jeremiah Denslow, Atty., 130 West Second Street, Suite 1818, Dayton, Ohio 45402 |Attomey for the Child, Patricia Rousseau, Law Office of the Public Defender [Ajtomey for the Mother, Julia Kolber, Atty., 12 W. Monument Ave., Dayton, Ohio 45402 Altamey for the Father, John P. Rion, Atty., 2150 One First National Plaza, 130 W. Second St., Dayton, Ohio 45402 |Attomey/Substitute for Jon P. Rion, Matt Barbato, Atty., 130 West Second Street, Ste. 2150, Dayton, Ohio 45402 Montgomery County Domestic Refations Compliance Office West Carrollton City Schools, ATTN: Dr. Rusty Clifford, 430 E. Pease Ave., West Carrollton, Ohio 45449 (MCIFS - Support Enforcement Agency (Citizen Review Board ‘sl Catrine, Case Management Specialist at CESS TC ADNDISPO Reviesa 1077018