In re J.A.S.

[Cite as In re J.A.S., 2022-Ohio-2508.] COURT OF APPEALS TUSCARAWAS COUNTY, OHIO FIFTH APPELLATE DISTRICT JUDGES: IN THE MATTER OF: J.A.S. : Hon. Earle E. Wise, P.J. : Hon. W. Scott Gwin, J. : Hon. Craig R. Baldwin, J. : : : Case No. 2021 AP 12 0033 : : : OPINION CHARACTER OF PROCEEDING: Appeal from the Tuscarawas County Court of Common Pleas, Juvenile Division, Case No. 2021 CC 00159 JUDGMENT: Reversed and Remanded DATE OF JUDGMENT ENTRY: July 21, 2022 APPEARANCES: For-Appellant For-Appellee DAVID C. KNOWLTON 111 South Buckeye Street Suite 270 Wooster, OH 44691 Tuscarawas County, Case No. 2021 AP 12 0033 2 Gwin, J. {¶1} Appellant S.S. appeals the December 14, 2021 judgment entry of the Tuscarawas County Court of Common Pleas, Juvenile Division. Facts & Procedural History {¶2} On September 20, 2021, appellant S.S. filed a complaint for custody and specific findings with respect to the eligibility of J.A.S. for Special Immigrant Juvenile Status (“SIJ”). S.S. is the sibling of J.A.S., a minor child. J.A.S. was born on March 1, 2009. The complaint requested the following findings: reunification with one or both of the child’s parents is not viable due to the abandonment, neglect, or abuse of the parents; it is not in the best interest of J.A.S. to be returned to his previous country of nationality or country of last habitual residence, Guatemala, as there is no one in that country who could care for him; and it is in the best interest of J.A.S. to remain in the United States. {¶3} S.S. attached her own affidavit to the complaint. She averred as follows: J.A.S. is currently residing with her in Dover; their father (“Father”) left them when J.A.S. was six years old; Father was very abusive to all of them; their mother (“Mother”) was abusive to J.A.S., and she can no longer provide for J.A.S.; J.A.S. suffers from depression from the pain he experienced living with his parents; S.S. can provide a stable and safe home for J.A.S.; and it is in the best interest of J.A.S. for S.S. to be his sole custodian. {¶4} Appellant also filed the affidavit of Mother stating as follows: Father abandoned her and J.A.S. when J.A.S. was almost six years old; Father has never been present in J.A.S.’s life since he left; Father never provided for J.A.S.; and she does not know Father’s whereabouts. Tuscarawas County, Case No. 2021 AP 12 0033 3 {¶5} The trial court held a hearing on appellant’s complaint on November 16, 2021. Appellant testified she has lived in the United States for eight years. Appellant stated Father was an alcoholic, and abused his children, including J.A.S. Father abandoned J.A.S. when he was six years old. Appellant stated that when J.A.S. was in Guatemala, he was not able to attend school, and did not have food or clothing. {¶6} Appellant testified J.A.S. has been living with her and husband for approximately five or six months. Appellant and her husband both work, and have …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals