In re C.L. , 2023 Ohio 462 ( 2023 )


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  • [Cite as In re C.L., 
    2023-Ohio-462
    .]
    COURT OF APPEALS OF OHIO
    EIGHTH APPELLATE DISTRICT
    COUNTY OF CUYAHOGA
    IN RE C.L., ET AL.                           :
    Minor Children                               :              No. 111667
    :
    [Appeal by Mother, G.D.]                     :
    JOURNAL ENTRY AND OPINION
    JUDGMENT: AFFIRMED
    RELEASED AND JOURNALIZED: February 16, 2023
    Civil Appeal from the Cuyahoga County Court of Common Pleas
    Juvenile Division
    Case Nos. AD-20902706 and AD 20902707
    Appearances:
    Edward F. Borkowski, Jr., for appellant.
    Michael C. O’Malley, Cuyahoga County Prosecuting
    Attorney, Rachel Matgouranis and Joseph C. Young,
    Assistant Prosecuting Attorneys, for appellee.
    ANITA LASTER MAYS, A.J.:
    Appellant G.D. (“Mother”) appeals from the judgment of the
    Cuyahoga County Common Pleas Court, Juvenile Division, that terminated the
    parental rights of Mother and the fathers of two children, C.L. (born in 2006) and
    B.D. (born in 2012), and awarded permanent custody to appellee Cuyahoga County
    Division of Children and Family Services (“CCDCFS”). The father of B.D. (“Father
    B.D.”) has appealed the judgment in the companion case of In Re C.L., 8th District
    Cuyahoga No. 111767. Mother’s challenge to the award is the focus of this appeal.
    We affirm the juvenile court’s judgment.
    I.   Procedural Summary
    On February 28, 2020, the agency moved for predispositional
    emergency custody and filed a complaint for temporary custody alleging that the
    children were neglected as defined in R.C. 2151.03(A)(3).         The children were
    previously committed to the legal custody of Mother’s cousin in Cuyahoga J.C.
    Nos. AD17914599 and AD17915500. The relative was no longer willing to provide
    care for the children, and Mother had failed to adequately resolve the removal
    concerns. Father of B.D. had not yet established paternity, support, visitation, or
    communication with B.D. The father of C.L. (“Father C.L.”) had failed to support,
    visit, or communicate with C.L.
    On March 19, 2020, the temporary custody hearing was held. Mother
    stipulated that the children were dependent under R.C. 2151.04 pursuant to the
    amended complaint. The social worker opined that foster care was in the best
    interest of the children. The GAL testified that the children were doing well in foster
    care, agreed temporary custody was in the best interest of the children, and
    recommended counseling. The juvenile court found by “clear and convincing
    evidence” “based on Mother’s stipulation and the testimony that a danger to the
    children exists and the children are adjudicated dependent,” that temporary custody
    was appropriate, and the parties agreed to proceed to disposition.
    On July 21, 2020, the adjudicatory and dispositional hearing was
    held, the children were adjudicated dependent based on the amended complaint,
    and temporary custody was granted to the agency on August 7, 2020.             On
    January 27, 2021, CCDCFS moved to modify temporary custody to permanent. On
    February 1, 2022, the juvenile court granted a continuance requested by Father B.D.
    who advised that paternity had been established. On May 25, and May 26, 2021,
    trial was held, and in a May 31, 2022 entry, the juvenile court awarded permanent
    custody to the agency. On June 14, 2022, Mother appealed.
    II. Permanent Custody
    CCDCFS moved to modify temporary custody to permanent custody
    pursuant to Juv.R. 19 and R.C. 2151.413(A). The agency asserted that clear and
    convincing evidence supported the grant of permanent custody under
    R.C. 2151.414(B)(1), 2151.414(E), and in the best interest of the children under
    2151.414(D)(1)(a)-(e).
    The supporting affidavit avers in part that the children had been
    adjudicated abused, neglected, or dependent at least three separate times. The
    children had five placements in the last three years with the last eight months in
    foster care. The children received trauma counseling, and B.D. received counseling
    and medication for her special needs. Mother had a chronic substance abuse
    problem dating back to at least 2012, tested positive for cocaine in February 2020,
    and had not completed random screens since March 2020.                      Mother was
    incarcerated in Cuyahoga County Jail with pending theft charges at the time the
    affidavit was executed and had repeatedly been incarcerated during the last four
    years.
    A. Permanent Custody Dispositional Hearing
    Mother and Father B.D. appeared with counsel at the May 25, 2022
    trial. Mother was reportedly in favor of an award of custody to Father B.D. Father
    B.D.’s request for a second trial continuance was denied.
    B.D.’s school intervention specialist had been working with B.D. for
    approximately six months. The specialist was involved with implementing B.D.’s
    Individualized Education Plan (“I.E.P.”) to assist B.D. with behavioral management
    and coping mechanisms.1 B.D.’s behavior deteriorated around January to February
    2022, and she was suspended multiple times. The specialist recounted incidents of
    B.D. hitting, fighting, running the halls, tearing up classrooms, and throwing chairs,
    and once bringing marijuana to school.
    The specialist stated B.D. was very smart and she liked B.D. a lot, but
    B.D. had not been receptive to the behavioral modification efforts. “She is just an
    angry, angry child, and there’s nothing or anything — if she perceives something,
    that is her reality and it’s a fight-or-flight kind of thing.” (Tr. 31.) The specialist had
    secured permission to have B.D. be placed in an intensive behavioral classroom with
    1
    Via an I.E.P., school districts, in conjunction with county boards of disabilities
    and other educational agencies, provide for individualized education programs for
    children with disabilities. See Ohio Adm.Code 3301-51-07.
    fewer students to work on her social and emotional issues for the next school year.
    Academically B.D. was doing well.
    While the specialist had not observed B.D. with either parent, she was
    informed by the principal that a male who B.D. introduced as her father attended a
    “March Dadness” event with B.D. and the interaction was positive. However, B.D.’s
    behavioral issues did not improve after the March event up to the day of trial.
    The specialist did not interact with the parents, but communicated
    with the foster mother, listed guardian, and the agency. The foster mother also
    expressed concern regarding B.D.’s behavior.
    Foster mother L.F. (“Foster Mother”) testified that she had been
    caring for the children for a little over two years. B.D. arrived with behavioral issues
    and her negative behaviors had escalated. B.D. was diagnosed with post-traumatic
    stress disorder (“PTSD”), attention deficit hyperactivity disorder (“ADHD”), bipolar
    disorder, paranoid schizophrenia, and mood disorder. B.D. had begun to hear
    voices, experienced suicidal ideations, and engaged in self-harming activities.
    Foster Mother said that things were “spiraling out of control,” and she had
    summoned police for assistance six times in six weeks prior to trial. (Tr. 50.)
    Older brother C.L. also suffered from PTSD and ADHD but was doing
    relatively well. C.L. also tried to assist with managing B.D.’s outbursts. Foster
    Mother believed Father C.L. lived nearby because C.L. often said he would run into
    Father C.L. when he visited a local store. Father C.L. had stopped by the house to
    speak with C.L. a couple of times but made no other efforts at involvement in C.L.’s
    life or with the agency.
    Mother’s visits with the children were primarily via video calls,
    though Mother was sometimes unavailable for video calls due to incarceration.
    Foster Mother suspended Mother’s in-person visits after B.D. advised hospital
    personnel that seeing Mother was a behavioral trigger for her. On occasion, Foster
    Mother took the children to the beauty shop where Mother sometimes worked to get
    their hair done.
    Mother contacted Foster Mother weekly to speak with the children or
    ask how they are doing. Foster Mother updated Mother about B.D.’s behavioral
    issues and C.L. and Mother were in contact through social media. Foster Mother
    also communicated with the social worker, the SAFY2 foster care agency supervisor,
    and more recently, Father B.D. Foster Mother explained that it had been difficult to
    schedule visits with B.D. and Father B.D. due to Father B.D.’s rotating three-shift
    schedule, Foster Mother’s work schedule, and B.D.’s school schedule. Foster Mother
    offered that B.D. should be hospitalized and properly diagnosed instead of merely
    having her medications switched.
    The social worker testified she began working with the family in
    September 2021 but had reviewed the case file and history. The family’s history with
    the agency began in 2012 when B.D. was born with a positive test for phencyclidine
    2 SAFY is an agency that provides therapeutic foster care, behavioral health, family
    preservation, older youth services, and adoption services. safy.org/ohio/Cleveland
    (“PCP”). Protective supervision was granted and later terminated. In 2016, the
    children were found wandering the streets. Mother was incarcerated at the time and
    had left the children with an older sibling who was unable to care for them.
    In 2017, the children were again removed from the home due to
    Mother’s failure to address alcohol and substance-abuse issues (primarily PCP and
    cocaine), outstanding warrants, and domestic violence concerns. Legal custody was
    awarded to Mother’s cousin who advised the agency in 2019 that she could no longer
    care for the children. Mother was not yet substance-abuse compliant.
    Mother had not been appearing for screening but claimed she had
    been clean since a positive test in February 2020. Mother advised CCDCFS that she
    was tired of the process and was no longer going to participate, and she has never
    completed a case plan. Proper housing had not been secured, and Mother informed
    the agency that current housing was not appropriate for the children due to
    undesirable activities in the area. Mother was attempting to secure subsidized
    housing, sometimes assisted at a hair salon, and said that she sat with 24-hour-
    health-care clients on weekends. The social worker believed Mother was working,
    but Mother had not provided pay stubs or proof of employment.
    The permanency plan was reunification. If infeasible, the concurrent
    plan was permanent custody and adoption. Mother, Father B.D., C.L., and B.D.
    were listed as plan participants. Father C.L. was an absent parent who was not
    engaged with the agency or with C.L.
    B.D’s negative behaviors escalated in February 2022. B.D.’s “suicidal
    ideations and * * * her behaviors in general [were] progressing. * * * [I]nstead of
    getting better, she is kind of regressing and getting worse in a way.” (Tr. 110.)
    During one incident, police had to escort B.D. to the hospital because she was biting
    and kicking the EMS workers. The social worker did not believe Mother or Father
    B.D. could meet B.D.’s behavioral and mental health needs.          Also a pending
    felonious assault charge against Father B.D. that reportedly involved a female victim
    was discovered by the agency during a review of the criminal case dockets.
    The social worker confirmed that Foster Mother was authorized to
    manage parental visitation with the children but the social worker had not had a
    chance to observe the visits. Both parents expressed love for the children and said
    they wanted what was best. C.L. preferred to remain with Foster Mother if family
    members were not an option and he was not interested in adoption. B.D. was willing
    to stay with Foster Mother but also said she wanted to be with family or with Father
    B.D. Foster Mother was willing to have C.L. remain until the age of 18 but requested
    removal of B.D. at the end of the school year. B.D.’s next placement would depend
    on the level of care needed.
    Neither Mother nor Father B.D. appeared for the second day of trial.
    Counsel was unable to reach their clients by phone and each requested a short
    continuance. The continuance was denied.
    The final witness was the children’s GAL who had been on the case
    since March 2020. The GAL recommended awarding permanent custody of C.L. to
    the agency and stated that Mother’s sincere desire to parent C.L. was not outweighed
    by her ongoing substance abuse and mental-health issues. The GAL lauded the
    efforts of Foster Mother and stated that C.L. was doing well with her and should
    remain.
    The GAL also spoke well of Father B.D. and recommended that legal
    custody be granted to Father B.D. However, the GAL admitted that his interaction
    with Father B.D. occurred only several months prior to trial, the living conditions
    were not ideal, and Father B.D.’s work schedule was erratic. A caregiver would be
    required to assist with B.D. whose behavioral and mental health issues were
    substantial. Father B.D.’s pending criminal case could also be an impediment.
    The juvenile court awarded permanent custody of the children to
    CCDCFS. Mother appeals.
    III. Assignment of Error:
    Mother assigns the following error:
    The juvenile court abused its discretion by granting permanent custody
    of appellant’s children to CCDCFS against the manifest weight of the
    evidence.
    IV. Law and Analysis
    The juvenile court has been vested with exclusive jurisdiction to
    determine the custody of any child not a ward of another court of this state.
    R.C. 2151.23(A)(2). “Parents have a ‘fundamental liberty interest’ in the care,
    custody and management of the child.” In re Murray, 
    52 Ohio St.3d 155
    , 157, 
    556 N.E.2d 1169
     (1990), quoting Santosky v. Kramer, 
    455 U.S. 745
    , 753, 
    102 S.Ct. 1388
    ,
    
    71 L.Ed.2d 599
     (1982). “A parent’s right to raise a child is ‘an essential and basic
    civil right.’” In re N.B., 8th Dist. Cuyahoga No. 101390, 
    2015-Ohio-314
    , ¶ 67,
    quoting In re Hayes, 
    79 Ohio St.3d 46
    , 48, 
    679 N.E.2d 680
     (1997). The right is not
    absolute but is “‘always subject to the ultimate welfare of the child, which is the
    polestar or controlling principle to be observed.’” In re L.D., 
    2017-Ohio-1037
    , 
    86 N.E.3d 1012
    , ¶ 29 (8th Dist.), quoting In re Cunningham, 
    59 Ohio St.2d 100
    , 106,
    
    391 N.E.2d 1034
     (1979).
    The decision of a juvenile court to grant permanent custody will not
    be reversed as being against the manifest weight of the evidence where the record
    contains competent, credible evidence that the essential statutory elements for
    permanent custody have been established by clear and convincing evidence. In re
    A.P., 8th Dist. Cuyahoga No. 104130, 
    2016-Ohio-5849
    , ¶ 16.
    “‘Clear and convincing evidence’” is that measure or degree of proof
    that is more than a “‘preponderance of the evidence,’” but does not rise to the level
    of certainty required by the “‘beyond a reasonable doubt’” standard in criminal
    cases. In re K.S., 8th Dist. Cuyahoga No. 109928, 
    2021-Ohio-694
    , ¶ 15, quoting In
    re M.S., 8th Dist. Cuyahoga Nos. 101693 and 101694, 
    2015-Ohio-1028
    , ¶ 15, citing
    In re Awkal, 
    95 Ohio App.3d 309
    , 315, 
    642 N.E.2d 424
     (8th Dist.1994), citing
    Lansdowne v. Beacon Journal Publishing Co., 
    32 Ohio St.3d 176
    , 180-181, 
    512 N.E.2d 979
     (1987). It “produces in the mind of the trier of fact a firm belief or
    conviction as to the facts sought to be established.” In re M.S. at ¶ 8.
    The agency moved for custody under R.C. 2151.413(A) and 2151.414.
    R.C. 2151.414 contains a two-prong test that courts must apply in deciding whether
    to award permanent custody to the agency.               In this case, the record must
    demonstrate by clear and convincing evidence “(1) the existence of one of the
    conditions set forth in R.C. 2151.414(B)(1)(a) through (e); and (2) [that] granting
    permanent custody to the agency is in the best interest of the child” under
    R.C. 2151.414(D)(1). In re J.F., 
    2018-Ohio-96
    , 
    102 N.E.3d 1264
    , ¶ 45 (8th Dist.).
    When     determining    the    child’s    best   interest   pursuant   to
    R.C. 2151.414(D)(1), courts analyze “(1) the interaction and interrelationship of the
    child with others; (2) the wishes of the child; (3) the custodial history of the child;
    (4) the child’s need for a legally secure placement and whether such a placement can
    be achieved without permanent custody; and (5) whether any of the factors in
    divisions R.C. 2151.414(E)(7) to (11) apply.”       In re S.H., 8th Dist. Cuyahoga
    Nos. 97992, 97993, and 97994, 
    2012-Ohio-4064
    , ¶ 28.
    The “best interest determination” focuses on the child, not the parent.
    R.C. 2151.414(C); In re Awkal, 95 Ohio App.3d at 315, 
    642 N.E.2d 424
    . “The
    discretion [that] the juvenile court enjoys in [deciding] whether an order of
    permanent custody is in the best interest of a child should be accorded the utmost
    respect, given the nature of the proceeding and the impact the court’s decision will
    have on the lives of the parties concerned.” Id. at 316.
    Thus, we review “a trial court’s determination of a child’s best interest
    under R.C. 2151.414(D) for abuse of discretion.” In re V.C., 8th Dist. Cuyahoga
    Nos. 102903, 103061, and 103367, 
    2015-Ohio-4991
    , ¶ 52, citing In re L.O., 8th Dist.
    Cuyahoga No. 101805, 
    2015-Ohio-1458
    , ¶ 22. “An abuse of discretion implies that
    the court’s decision was unreasonable, arbitrary or unconscionable.” 
    Id.,
     citing
    Blakemore v. Blakemore, 5 Ohio St.3d at 219, 
    450 N.E.2d 1140
     (1983).
    A. B.D. Findings
    1.   R.C. 2151.414(B)(1)(a)-(e) Conditions
    Only one of the five factors listed in R.C. 2151.414(B)(1)(a)-(e) is
    required to satisfy the first prong of the permanent custody analysis. In re L.W., 8th
    Dist. Cuyahoga No. 104881, 
    2017-Ohio-657
    , ¶ 28.
    The juvenile court determined that, based on clear and convincing
    evidence under R.C. 2151.414(B)(1)(a), B.D. “cannot be placed with either of [her]
    parents within a reasonable time or should not be placed with [her] parents.”
    Journal entry No. 0915782461, p. 2. (May 31, 2022). The 16 factors listed in
    R.C. 2151.414(E) must be consulted to determine whether a child cannot or should
    not be placed with the parents within a reasonable time.
    The juvenile court made the following findings as to why B.D. could
    not or should not be placed with Mother:
    (1) Following the placement of [B.D.] outside of [her] home and
    notwithstanding reasonable case planning and diligent efforts by the
    agency to assist Mother to remedy the problems that initially caused
    [B.D.] to be placed outside the home, Mother has failed continuously
    and repeatedly to substantially remedy the conditions causing the child
    to be placed outside the child’s home;
    (2) [Mother’s] chronic mental illness, chronic emotional illness, mental
    retardation, physical disability, or chemical dependency * * * is so
    severe that it makes [Mother] unable to provide an adequate
    permanent home for the child at the present time and, as anticipated,
    within one year.
    (4) [Mother] has demonstrated a lack of commitment toward the child
    by failing to regularly support, visit, or communicate with the child
    when able to do so, or by other actions showing an unwillingness to
    provide an adequate permanent home for the child.
    (6) [Mother] has been convicted of or pleaded guilty to an offense under
    [R.C. 2919.22(A), child endangering] * * * and the child or a sibling of
    the child was a victim of the offense * * * and [Mother] who committed
    the offense poses an ongoing danger to the child or a sibling of the child.
    (14) [Mother] for any reason is unwilling to provide food, clothing,
    shelter, and other basic necessities for the child or to prevent the child
    from suffering physical, emotional, or sexual abuse or physical,
    emotional, or mental neglect.
    (15) [Mother] has committed abuse as described in section 2151.031 of
    the Ohio Revised Code against the child or caused or allowed the child
    to suffer neglect as described in section 2151.03 of the Ohio Revised
    Code, and the court determines that the seriousness, nature, or
    likelihood of recurrence of the abuse or neglect makes the child’s
    placement with [Mother] a threat to the child’s safety.
    (16) Any other factor the Court finds relevant: Mother is in agreement
    with legal custody to father. Father has a pending criminal case for
    felonious assault with firearm specifications, which allegedly occurred
    in December 2021.
    Journal entry No. 0915782461, p. 3 (May 31, 2022).
    Notwithstanding that the single factor has been satisfied, the juvenile
    court also found under R.C. 2151.414(B)(1)(e) that B.D. has been adjudicated an
    abused, neglected, or dependent child on three prior occasions, that returning to
    Mother’s home would be contrary to B.D.’s best interest, and
    that reasonable efforts were made to prevent the removal of the child
    from the home, or to return the child to the home and finalize a
    permanency plan, to wit: reunification. Relevant services provided to
    the family include: Mother was referred for Substance Abuse and
    Housing Services. * * * Child receives mental health services.
    Journal entry No. 0915782461, p. 2 (May 31, 2022).
    2. R.C. 2151.414(D)(1) Best Interest Factors
    The juvenile court considered the following R.C. 2151.414(D)(1)
    factors. Under R.C. 2151.414(D)(1)(a), B.D. had been with the caregiver for over two
    years and had a relationship and bond with Foster Mother.                      Under
    R.C. 2151.414(D)(1)(b), the juvenile court considered the wishes of B.D. directly or
    through the GAL. Under, R.C. 2151.414(D)(1)(c), B.D. had been in agency custody
    for over two years on this case, which is the fourth time B.D. had been in agency
    custody. Further, under R.C. 2151.414(D)(1)(d), the juvenile court found that a
    legally secure permanent placement could not be achieved without a grant of
    permanent custody. Mother had not engaged in or benefitted from case plan
    services, including substance abuse compliance that has been a concern with Mother
    since 2012.
    Finally, as to Mother’s argument that the juvenile court should have
    awarded custody of B.D. to Father B.D., “[i]t is well settled that an appeal lies only
    on behalf of an aggrieved party.” In re J.L., 8th Dist. Cuyahoga No. 107652, 2019-
    Ohio-3098, ¶ 14, citing In re Love, 
    19 Ohio St.2d 111
    , 113, 
    249 N.E.2d 794
     (1969).
    See also In re D.H., 8th Dist. Cuyahoga No. 82533, 
    2003-Ohio-6478
    , ¶ 7. It is true
    that “[a] mother, who has an interest in preserving parental rights at a permanent
    custody hearing, has standing to raise an argument on behalf of the father if she can
    demonstrate personal prejudice.” In re U.G., 9th Dist. Summit No. 30193, 2022-
    Ohio-3905, ¶ 29. However, the record does not support the presence of personal
    prejudice in this case. This is particularly true in that Father B.D. has lodged a direct
    appeal on this matter.
    B. C.L. Findings
    1.   R.C. 2151.414(B)(1)(a)-(e) Conditions
    The juvenile court found by clear and convincing evidence under
    R.C. 2151.414(B)(1)(a) that C.L. “cannot be placed with either of [his] parents within
    a reasonable time or should not be placed with [his] parents.” Thus, the 16 factors
    listed in R.C. 2151.414(E) must be consulted to determine whether a child cannot or
    should not be placed with the parents within a reasonable time.
    The    juvenile    court   made     the    following   findings    under
    R.C. 2151.414(E) as to why C.L. could not or should not be placed with the parents:
    (1) Following the placement of the child outside the child’s home and
    notwithstanding reasonable case planning and diligent efforts by the
    agency to assist the parents to remedy the problems that initially
    caused the child to be placed outside the home, [Mother] has failed
    continuously and repeatedly to substantially remedy the conditions
    causing the child to be placed outside the child’s home.
    (2) The chronic mental illness, chronic emotional illness, mental
    retardation, physical disability, or chemical dependency of [Mother] is
    so severe that it makes the parent unable to provide an adequate
    permanent home for the child at the present time and, as anticipated,
    within one year.
    (4) [Mother] has demonstrated a lack of commitment toward the child
    by failing to regularly support, visit, or communicate with the child
    when able to do so, or by other actions showing an unwillingness to
    provide an adequate permanent home for the child.
    (6) [Mother] has been convicted of or pleaded guilty to an offense under
    [R.C. 2919.22(A), child endangering] * * * and the child or a sibling of
    the child was a victim of the offense * * * and [Mother] who committed
    the offense poses an ongoing danger to the child or a sibling of the child.
    (14) [Mother] for any reason is unwilling to provide food, clothing,
    shelter, and other basic necessities for the child or to prevent the child
    from suffering physical, emotional, or sexual abuse or physical,
    emotional, or mental neglect.
    (15) [Mother] has committed abuse as described in section 2151.031 of
    the Ohio Revised Code against the child or caused or allowed the child
    to suffer neglect as described in section 2151.03 of the Ohio Revised
    Code, and the court determines that the seriousness, nature, or
    likelihood of recurrence of the abuse or neglect makes the child’s
    placement with the child’s parent a threat to the child’s safety.
    Journal entry No. 0915782295, p. 3 (May 31, 2022).
    Notwithstanding that the single factor has been satisfied, the juvenile
    court also found under R.C. 2151.414(B)(1)(e) that C.L. had been adjudicated an
    abused, neglected, or dependent child on three prior occasions. The juvenile court
    also found that returning to Mother’s home would be contrary to C.L.’s best interest
    and
    that reasonable efforts were made to prevent the removal of the child
    from the home, or to return the child to the home and finalize a
    permanency plan, to wit: reunification. Relevant services provided to
    the family include: Mother was referred for Substance Abuse and
    Housing Services. The Father did not make himself available to the
    Agency. The child receives mental health services.
    Journal entry No. 0915782295, p. 2 (May 31, 2022).
    2. R.C. 2151.414(D)(1) Best Interest Factors
    The juvenile court also considered the best interest factors. Under
    R.C. 2151.414(D)(1)(b), the juvenile court considered the wishes of C.L. with due
    regard for C.L.’s maturity and the GAL’s recommendation of permanent custody.
    Under R.C. 2151.414(D)(1)(c), C.L. had been in agency custody since February 2020
    and this is the third time C.L. has been in agency custody.            Further, under
    R.C. 2151.414(D)(1)(e), the juvenile court determined that R.C. 2151.414(E)(10)
    applied to Father C.L.’s abandonment of C.L.
    V.   Conclusion
    The goal of the extremely difficult task of terminating parental rights
    is to create “‘a more stable life’ for dependent children and to ‘facilitate adoption to
    foster permanency for children.’” In re S.B., 8th Dist. Cuyahoga Nos. 110016 and
    110017, 
    2021-Ohio-1091
    , ¶ 35, quoting In re N.B., 8th Dist. Cuyahoga No. 101390,
    
    2015-Ohio-314
    , at ¶ 67, citing In re Howard, 5th Dist. Tuscarawas No. 85 A10-077,
    
    1986 Ohio App. LEXIS 7860
    , 5 (Aug. 1, 1986).
    The record contains competent, credible evidence that the essential
    statutory elements for permanent custody have been established by clear and
    convincing evidence. The juvenile court did not abuse its discretion by finding that
    permanent custody was in the best interest of the children. The decision was not
    against the manifest weight of the evidence, and Mother’s single assigned error is
    overruled.
    The juvenile court’s judgment is affirmed.
    It is ordered that appellee recover from appellant costs herein taxed.
    The court finds there were reasonable grounds for this appeal.
    It is ordered that a special mandate issue out of this court directing the
    common pleas court, juvenile division, to carry this judgment into execution.
    A certified copy of this entry shall constitute the mandate pursuant to Rule 27
    of the Rules of Appellate Procedure.
    ANITA LASTER MAYS, ADMINISTRATIVE JUDGE
    MICHELLE J. SHEEHAN, J., and
    MICHAEL JOHN RYAN, J., CONCUR
    

Document Info

Docket Number: 111667

Citation Numbers: 2023 Ohio 462

Judges: Laster Mays

Filed Date: 2/16/2023

Precedential Status: Precedential

Modified Date: 2/16/2023