JC No. C-2017-000499-01 SETS#: 7067755731 IC No. C-2017-000500-01 SETS#: 7013268219 Judge Anthony Capizzi Magistrate Kathleen Lenski MAGISTRATE'S INTERIM ORDER This matter came before the Court for a hearing on January 26, 2017. All interested parties or persons have appeared or have been served due legal notice of this proceeding. The following persons were present at this hearing: Shannon Nicole Gaver (BIO MOTHER); Sherree ‘Spence/MCJFS/CSD (MCCS CASEWORKER); Paige Shockey (AUNT); Jenny Heckman (CASE MANAGER); Kim Ellis (MCJFS-CSD CASEWORKER); John Amarante (APA CPU); Catherine Mecarthy (GAL FOR CHILD). For purposes of support, the following parties are identified: SETS#: 7067755731: Obligee-Shannon Gaver(Confidential) (Bio Mother) SETS#: 7067755731: Obligor-Joshua Schwarck (Bio Father) SETS#: 7013268219: Obligee-Shannon Gaver(Confidential) (Bio Mother) SETS#: 7013268219: Obligor-Jason Schwarck (Legal Father) The Court finds the following: For 2017-000499-01 and 2017-000500-01: This case came before the court for a hearing on DEPENDENCY AND NEGLECT filed on January 26, 2017 by the MCJFS-CHILDREN'S SERVICES DIV. ‘ ‘* Appropriate notice was provided, or reasonable efforts were made to notify the parents and/or legal custodian(s) of the hearing. The relevant services provided by the Agency to the family of the child(ren) are: * Case Management * Information/Referral * Substitute Care * Home Studydid not prevent the removal of the child from the child's home or enat home because the parent(s)/legal custodian(s) have failed to remedy the cone: in the child's removal and continued removal from their care. These concerns are: © Mental health issues © Parenting Issues * Substance abuse issues Pursuant to R.C. 2151.412, MCCS shall file the case plan with the court prior to the adjudicatory hearing but no later than 30 days after the date the complaint is filed or the child was first placed in shelter care whichever occurs earlier in time, In the event, the case plan cannot be filed as described above then the case plan shall be filed prior to the dispositional hearing or presented to the court at the dispositional hearing and filed as part of the dispositional order. ‘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 possible for the child to return home. ‘The child(ren) were removed from the parent or custodian and placed into Shelter Care under the following circumstances: a law enforcement department removed and placed the children into the possession of Montgomery County Job & Family Services - Children Services Division, or other agency. The placement addressed herein is in the best interest of the child, The Mother is in agreement with a grant of interim temporary custody of Haley to the Agency and Wyatt to Maternal Aunt/Paige Shock: There are no appropriate relatives or non-relatives of the child(ren) who are able or willing to take custody of the child/Haley at this time. + A relative is willing and able to care for the child/ Wyatt. «The Court finds that the child is not a special education student and KETTERING CITY SCHOOLS shall be designated as the responsible school district for the cost of educating the child, including, but not limited to, any summer courses or tutoring sessions, because the mother/father resided at 4440 Flowedale Ave., Dayton, OH 45429 at the time of removal. The determination of which school district is responsible to bear the costs of educating the child is subject to redetermination by the Department of Education pursuant to R.C. 2151.326(A)(2). © The former order of support should be suspended/terminated due to a change in custody. It appearing to be in the child's best interest, the Court orders: For 2017-000499-01 and 2017-000500-01: a * An attorney will be appointed for the parents if they promptly contact Jessica Lunsford at (937) 496-7201 to obtain eligibility information and are deemed eligible. + INTERIM TEMPORARY CUSTODY of Wyatt is granted to Paige Shockey effective with the filing of this order. * INTERIM TEMPORARY CUSTODY of Haley is granted to Montgomery County Job & Family Services - Children Services Division effective with the filing of this order. Page 2of 3Cates aes the finding above, the school district to bear the cost of educating the IG CITY SCHOOLS. 1¢ MCSEA shall suspend the Obligor’s child support obligation as of January 26, 2017 in Famuestion with SETS No. 7067755731 subject to further order ofthe Court and/or operation of Ww. Obligor shall repay any child support arrearage presently due and owing (if any) under SETS No. 67755731 and 7013268219 in the amount of $50.00 per month, plus the 2% processing fee. This arrearage repayment shall remain in effect until all arrears are paid in full. This matter is being set for ADJUDICATION (CIC) on Thursday, March 16, 2017 at 11:00 AM before MAGISTRATE KATHLEEN LENSKI. Parties in this case shall appear in Court at said date and time, Failure of any party to appear may result in the Court taking action that could adversely affect their legal rights. of the Entry / Order, and any attachments thereto, were distributed to parties and/or their counsel on the of time-stamp. (Ca ee Magistrate Paula Durden A party may request that the court set aside this order by filing a "Motion to Set Aside Magistrate's Order" with ‘the Juvenile Clerk of Courts within ten (10) days of the above-time-stamped date. GG: Shannon Nicole Gaver, Bio Mother Jason Schwarck, Legal Father, 2262 E Bataan Dr, Kettering, 45420 hua L Schwarck, Bio Father, 1640 S. Smithville Rd., Dayton, OH 45410 ‘Sherree Spence/MCJFS/CSD, MCCS Caseworker, 3304 N. Main St., Dayton, OH 45405 Shockey, Aunt, 1310 Uhlwood Drive, Miamisburg, OH 45342 ing City Schools, ATTN: L Scott Inskeep, 3750 Far Hills Ave., Kettering, Ohio 45429 ny Heckman, Case Manager , MCIFS-CSD Caseworker ed Services, MCJFS-CSD CSEA, Caseworker ite, APA CPU jew Board, General Association, 380 W Second St, Dayton, OH 45402 WY, GAL For Child, 2600 Far Hills Avenue, Suite 315, Dayton, OH 45419 Page 3 of 3