In re P.S. , 2023 Ohio 144 ( 2023 )


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  • [Cite as In re P.S., 
    2023-Ohio-144
    .]
    COURT OF APPEALS OF OHIO
    EIGHTH APPELLATE DISTRICT
    COUNTY OF CUYAHOGA
    IN RE P.S.                                    :
    :          No. 111817
    A Minor Child                                 :
    :
    [Appeal by O.S., Mother]                      :
    JOURNAL ENTRY AND OPINION
    JUDGMENT: AFFIRMED
    RELEASED AND JOURNALIZED: January 19, 2023
    Civil Appeal from the Cuyahoga County Court of Common Pleas
    Juvenile Division
    Case No. AD-19900639
    Appearances:
    Christina M. Joliat, for appellant.
    Michael C. O’Malley, Cuyahoga County Prosecuting
    Attorney, and Joseph C. Young, Assistant Prosecuting
    Attorney, for appellee CCDCFS.
    EILEEN T. GALLAGHER, J.:
    Appellant, Mother, appeals a juvenile court judgment granting
    permanent custody of her child, P.S., to the Cuyahoga County Division of Children
    and Family Services (“CCDCFS” or “the agency”). She claims the following error:
    The trial court order granting permanent custody to the agency was
    based upon insufficient evidence and was against the manifest weight
    of the evidence, and it erred in finding permanent custody to be in the
    best interest of the child.
    We affirm the trial court’s judgment.
    I. Facts and Procedural History
    On January 16, 2019, CCDCFS filed a complaint alleging that P.S. was
    a neglected and dependent child and requesting an order granting temporary
    custody of the child to CCDCFS. Following a hearing that same day and with
    Mother’s consent, the trial court ordered the child into the predispositional
    temporary custody of CCDCFS. After a dispositional hearing, the trial court ordered
    P.S. placed in the temporary custody of CCDCFS in May 2019.
    In June 2020, CCDCFS filed a motion to modify temporary custody to
    permanent custody. The court conducted a trial on the motion on May 23, 2022.
    Deidre Hogue (“Hogue”), an extended-service social worker with CCDCFS, testified
    that she received P.S.’s case in February 2019, and worked with Mother for the
    duration of the case. According to Hogue, the agency became involved in P.S.’s case
    in December 2018, when Mother was hospitalized for having thoughts of harming
    the child. (Tr. 93.)1 Mother initially agreed to the terms of a safety plan that
    prohibited her from being alone with P.S., and Mother and child moved in with a
    family friend. However, a short time later, Mother and P.S. moved back in with the
    child’s alleged father, who had a criminal history of assaults and domestic violence.
    (Tr. 11, 15, 54.) Consequently, CCDCFS sought and obtained temporary custody of
    1   All citations to the transcript refer to the May 23, 2022 trial transcript.
    P.S. on January 16, 2019. P.S. was three years old at the time of trial in May 2022,
    and was, therefore, an infant when she entered agency custody in January 2019.
    (Tr. 11.)
    The agency developed a case plan aimed at promoting permanent
    reunification of Mother and child. The case plan included services to address
    Mother’s issues with parenting, mental health, domestic violence, and provision of
    basic needs such as stable housing and employment. (Tr. 12, 14-15, 18.) The agency
    also had concerns regarding the child’s alleged father and his violent criminal
    history and history of domestic violence. The alleged father refused to meet with
    case workers to discuss the case plan, and he is not a party to this appeal.
    Mother was diagnosed with Post-Traumatic Stress Disorder (“PTSD”)
    and claimed to hear voices. (Tr. 23, 93-94.) She initially engaged in mental-health
    services through FrontLine Service and Ohio Guidestone, but her compliance with
    the services was inconsistent. She attended therapy sessions from February 2019
    through October 2019, but stopped services altogether in January 2020. She did
    not resume mental-health services until February 2021. (Tr. 22-23, 24, 87.) Mother
    testified at trial and acknowledged that she resumed mental-health services at
    FrontLine Service in early 2021, explaining that she was more comfortable with in-
    person services rather than virtual appointments. (Tr. 121-122.)
    Hogue testified that Mother was not compliant with her psychiatric
    medications. (Tr. 32-34, 87-88.) Hogue explained that during her most recent
    home visit, shortly before trial, she observed that Mother was out of her medication.
    Mother told Hogue that she threw the medication away and that she had missed her
    appointment to obtain a refill of the medication. (Tr. 33-34, 149.) Hogue testified
    that Mother also failed to take her medication from September 2021 through April
    2022. (Tr. 34-36.)
    Mother admitted during her trial testimony that she sometimes forgot
    to take her medication as prescribed and that she missed a recent psychiatric
    appointment for medication management because she failed to check her email to
    verify the appointment. (Tr. 124-126, 156-157.) Hogue testified that Mother’s lack
    of compliance with mental-health services was an ongoing concern because she
    hears voices and previously had thoughts of harming the child. (Tr. 37-38, 59, 93-
    94.) Hogue explained:
    At one point I believe in February she told me that the voices are kinda
    like non-stop and that she is hearing them more frequently than she
    had been hearing in a long time, * * * actually she did tell me that ─
    mom reports that the medication she has helps her with the voices.
    (Tr. 38.)
    FrontLine therapist, Angela Zamora (“Zamora”), testified that she has
    been working with Mother since February 2022, when she took over as Mother’s
    therapist.   Zamora testified that Mother had been engaged in counseling at
    FrontLine since March 2021. According to Zamora, Mother was “fairly consistent”
    in attending her scheduled appointments, and that Mother was diagnosed as having
    PTSD. (Tr. 104.) Zamora testified that her therapy focused on interpersonal
    relationships, but she indicated that a mental-health goal could be added to Mother’s
    treatment plan. Zamora does not participate in Mother’s psychiatry appointments,
    nor does she regularly discuss Mother’s medication compliance, but Mother
    admitted to Zamora that she missed some of her psychiatry appointments. (Tr. 106-
    107, 115.) Zamora acknowledged that she is not familiar with the medications
    prescribed to Mother. (Tr. 110.) On cross-examination, Zamora also admitted she
    had no knowledge of the fact that Mother had had thoughts of harming her child,
    and she acknowledged it would be important for Mother to make all psychiatric
    visits if that were the case. (Tr. 115.)
    At the time P.S. was removed from Mother’s care, Mother was
    homeless and unemployed. (Tr. 19.) Consequently, Mother’s case plan included a
    basic needs objective, and the agency referred Mother to Community Collaborative
    for assistance with housing and employment. (Tr. 19.) Mother was staying at the
    North Point Shelter from February 2019 through March 2020. Over the course of
    the proceedings, Mother lived in three different homes and at the shelter. (Tr. 52-
    53, 89.)
    Mother acknowledged at trial that she has struggled with
    homelessness. When asked how many times over the course of the proceedings she
    stayed in a shelter, Mother replied, “There was North Point. I was in and out of
    North Point three times.” (Tr. 127.) Although Mother eventually obtained her own
    apartment, the agency remained concerned about Mother’s ability to maintain
    stable housing because she had not paid rent for the last six months prior to trial,
    and the agency was worried she could be evicted. (Tr. 48-49, 82-83, 89.) And
    despite referrals, Mother failed to seek assistance with rent through Community
    Collaborative. (Tr. 99-100.)
    Additionally, when Hogue visited Mother’s home in April 2022, the
    month before trial, the home lacked heat and hot water. (Tr. 49.) Mother told
    Hogue she had been heating the home with an electric stove. (Tr. 49.) There were
    also plumbing problems in the home. A bathroom drain had been clogged since
    Mother moved into the home in September 2021, and the kitchen sink pipes were
    leaking. (Tr. 49-50, 52.) The hot water problem was subsequently fixed, but Mother
    had not asked the landlord to fix the heating problem, which remained an issue of
    concern. (Tr. 77-78, 80.)
    Mother also failed to keep adequate food in the home. Mother told
    Hogue that she had been employed doing credit collections for a few months prior
    to trial, but she only produced one pay stub. She also claimed to have been employed
    at McDonald’s for almost a year, but never produced any documentation to
    substantiate the claim. (Tr. 53, 79.)
    Hogue testified that Mother was referred to a parenting program
    through Ohio Guidestone and for domestic-violence services through Domestic
    Violence Advocacy Center (“DVAC”). Mother completed the domestic-violence class
    at DVAC, but she was subsequently involved in another domestic-violence incident.
    Consequently, the agency referred Mother to Able Counseling for additional
    domestic-violence classes, but she failed to complete the classes. (Tr. 20-21.)
    Mother completed a second series of domestic-violence classes through Moore
    Counseling in June 2021, and Hogue believed that she benefitted from the second
    program because she has not had any domestic-violence incidents since she
    completed the class. (Tr. 21, 27.)
    Mother completed a parenting program in 2019, but she did not
    appear to benefit from the program and later engaged in a second parenting
    program that she completed in June 2021. (Tr. 21.) Despite having participated in
    two parenting programs, Mother continued to demonstrate concerning behaviors
    during visits with P.S. Hogue explained that Mother has difficulty redirecting P.S.
    when she misbehaves and that she has hit the child three times during visits. (Tr.
    28-30, 152.) Mother admitted to Hogue that she hit P.S. within three weeks of trial,
    but she claimed that she did not hit her with any force. Mother also claimed that
    she “popped the child on the behind,” but agency personnel observed a red mark on
    the child’s leg. (Tr. 30-31.)
    Hogue discussed Mother’s method of disciplining P.S. with Mother
    and tried to direct Mother to more appropriate forms of discipline in keeping with
    the parenting-program training. However, Mother told Hogue that she uses the
    verbal commands and timeouts that she learned in parenting classes “in addition to
    popping the child.” (Tr. 31.)
    CCDCFS scheduled visits between Mother and P.S. once per week.
    Although the agency offered a second weekly visit, Mother declined the additional
    visit. (Tr. 40-41.) Mother stopped visiting P.S. altogether from May 2020 through
    August 2020, when visits were virtual rather than in-person due to the Covid-19
    pandemic. Mother resumed visits briefly in August 2020, but she again stopped
    attending visits between December 2020 and February 2021. Mother resumed
    visits in February 2021, and Mother and child appeared to be bonded and “happy to
    see each other.” (Tr. 44-45.)
    Mother eventually progressed to unsupervised visits in September
    2021, but, as previously stated, Mother continued to struggle to redirect P.S. when
    she would smack and hit Mother, throw her stuff on the floor, and fail to follow
    through on Mother’s directions. (Tr. 43-45.)
    Finally, Hogue testified that P.S. has been with the same foster family
    since she was removed from Mother in January 2019. The foster mother is a friend
    of Mother’s family. Indeed, Mother suggested the friend for placement at the time
    of P.S.’s removal. (Tr. 54-55, 57-58.) According to Hogue, P.S. is “very bonded” with
    the foster family and is thriving in their care. (Tr. 57-58.) P.S. is a healthy child with
    no special needs.
    CCDCFS was seeking permanent custody of P.S. because it did not
    believe that either parent could provide a safe and permanent home for her within a
    reasonable time. When asked whether either parent could provide a safe and stable
    home for P.S., Hogue replied:
    No. * * * Mom is inconsistent with her mental health and she has
    demonstrated being inconsistent with her mental health.
    * * * [A]lthough there’s no evictions for her housing currently that I’m
    aware of, mom still has a history of struggling with homelessness and
    even know [sic] she has an issue with providing for [P.S.] and
    maintaining her home and the rents.
    You know, for parenting it is a concern for me that mom has had three
    allegations of hitting the child during visits, especially when the child
    was removed for mom having thoughts of wanting to harm the child.
    (Tr. 59.) Hogue further stated she believes permanent custody is in P.S.’s best
    interest because she needs a safe and permanent home. The foster family is willing
    to adopt P.S. and, as previously stated, P.S. is thriving in their care.
    At the conclusion of the hearing, Jean Brandt (“Brandt”), P.S.’s
    guardian ad litem, recommended the court grant permanent custody of P.S. to the
    agency. She explained that “the child’s best interest would be served by granting the
    CCDCFS motion to modify temporary custody to permanent custody.” (Tr. 158.)
    Brandt observed that P.S. had been in agency custody for more than 24 months and
    that, “despite a genuine effort on her part, [Mother] has failed to fully resolve the
    issues that led to this matter being initiated.” (Tr. 158.) Brandt also noted that
    Mother “is still struggling with mental health services and to be completely
    medication-compliant.” (Tr. 159.)
    The juvenile court later issued a judgment entry ordering that P.S. be
    placed in the permanent custody of CCDCFS. Mother now appeals the trial court’s
    judgment.
    II. Law and Analysis
    In the sole assignment of error, Mother argues the trial court’s award
    of permanent custody is not supported by sufficient evidence and is against the
    manifest weight of the evidence.
    A parent has a “fundamental liberty interest * * * in the care, custody,
    and management of [his or her child].” Santosky v. Kramer, 
    455 U.S. 745
    , 753, 
    102 S.Ct. 1388
    , 
    71 L.Ed.2d 599
     (1982). The termination of parental rights is regarded as
    “‘the family law equivalent of the death penalty in a criminal case.’” In re J.B., 8th
    Dist. Cuyahoga No. 98546, 
    2013-Ohio-1704
    , ¶ 66, quoting In re Hoffman, 
    97 Ohio St.3d 92
    , 
    2002-Ohio-5368
    , 
    776 N.E.2d 485
    , ¶ 14. Consequently, parents “‘must be
    afforded every procedural and substantive protection the law allows.’” In re Hayes,
    
    79 Ohio St.3d 46
    , 48, 
    679 N.E.2d 680
     (1997), quoting In re Smith, 
    77 Ohio App.3d 1
    , 16, 
    601 N.E.2d 45
     (6th Dist.1991).
    Nevertheless, a parent’s right to the care and custody of his or her
    child is not absolute. In re L.G., 8th Dist. Cuyahoga No. 110789, 
    2022-Ohio-529
    ,
    ¶ 49. “‘[T]he natural rights of a parent * * * are always subject to the ultimate welfare
    of the child, which is the polestar or controlling principal 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).
    Ohio statutes governing child custody and protection “appropriately
    reflect the need to balance * * * [the] parents’ * * * interest in the custody, care,
    nurturing, and rearing of their own children, and the state’s parens patriae interest
    in providing for the security and welfare of children under its jurisdiction[.]” In re
    Thompson, 10th Dist. Franklin No. 00AP-1358, 
    2001 Ohio App. LEXIS 1890
     (Apr.
    26, 2001).
    A. Standard of Review
    R.C. 2151.414 provides a two-prong analysis to be applied by a juvenile
    court in adjudicating a motion for permanent custody. In re S.C., 
    2018-Ohio-2523
    ,
    
    115 N.E.3d 813
    , ¶ 20 (8th Dist.), citing R.C. 2151.414(B). This first prong authorizes
    the juvenile court to grant permanent custody of a child to the public agency if, after
    a hearing, the court determines, by clear and convincing evidence, that any of the
    following factors apply: (a) the child is not abandoned or orphaned, but the child
    cannot be placed with either parent within a reasonable time or should not be placed
    with the child’s parents; (b) the child is abandoned; (c) the child is orphaned, and
    there are no relatives of the child who are able to take permanent custody; (d) the
    child has been in the temporary custody of one or more public children services
    agencies or private child placing agencies for 12 or more months of a consecutive 22-
    month period; or (e) the child or another child in the custody of the parent or parents
    from whose custody the child has been removed has been adjudicated an abused,
    neglected, or dependent child on three separate occasions by any court in this state
    or another state. R.C. 2151.414(B)(1)(a)-(e).
    Only one of the factors listed in R.C. 2151.414(B)(1)(a)-(e) must be
    established to satisfy the first prong of the two-part analysis for granting permanent
    custody of a child to an agency. In re D.H., 8th Dist. Cuyahoga No. 110505, 2021-
    Ohio-3821, ¶ 27, citing In re L.W., 8th Dist. Cuyahoga No. 104881, 
    2017-Ohio-657
    .
    If any one of the factors listed in R.C. 2151.414(B)(1)(a)-(e) is established, the court
    may move to the second prong of the analysis, which requires the juvenile court to
    determine, by clear and convincing evidence, whether it is in the best interest of the
    child to grant permanent custody to the agency pursuant to R.C. 2151.414(D).
    “A juvenile court’s decision to grant permanent custody will not be
    reversed as being against the manifest weight of the evidence ‘if the record contains
    some competent, credible evidence from which the court could have found that the
    essential statutory elements for permanent custody had been established by clear
    and convincing evidence.’” In re G.W., 8th Dist. Cuyahoga No. 107512, 2019-Ohio-
    1533, ¶ 62, quoting In re A.P., 8th Dist. Cuyahoga No. 104130, 
    2016-Ohio-5849
    , ¶ 16.
    “‘Clear and convincing evidence’ is evidence that ‘will produce in the
    mind of the trier of facts a firm belief or conviction as to the allegations sought to be
    established.’” In re T.B., 8th Dist. Cuyahoga No. 99931, 
    2014-Ohio-2051
    , ¶ 28,
    quoting Cross v. Ledford, 
    161 Ohio St. 469
    , 477, 
    120 N.E.2d 118
     (1954). Although
    sufficiency and manifest weight are distinct legal concepts, a finding that a judgment
    is supported by the manifest weight of the evidence necessarily includes a finding
    that sufficient evidence supports the judgment. In re C.N., 10th Dist. Franklin No.
    15AP-67, 
    2015-Ohio-2546
    , ¶ 9, citing State v. Howze, 10th Dist. Franklin N0. 13AP-
    386, 
    2013-Ohio-4800
    , ¶ 10.
    B. First Prong
    With respect to the first prong of the permanent-custody analysis, the
    juvenile court found, pursuant to R.C. 2151.414(B)(1)(d), that “[t]he child has been
    in the temporary custody of a public children services agency or private child placing
    agency for twelve or more months of a consecutive twenty-two month period.” (July
    20, 2022, journal entry p.3.)
    Hogue testified that P.S. went into agency custody on January 16,
    2019, where she remained until the time of trial on May 23, 2022. (Tr. 11, 54.) R.C.
    2151.414(B)(1) states, “For the purposes of division (B)(1) of this section, a child shall
    be considered to have entered the temporary custody of an agency on the earlier of
    the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or
    the date that is sixty days after the removal of the child from home.”
    Mid-March 2019 would have marked 60 days from the date P.S. was
    removed from Mother’s care. Trial was held on May 23, 2022, more than three years
    later. And, as previously stated, Hogue testified that P.S. remained in agency
    custody for the entire duration of those three years, and there was no evidence to
    contradict this testimony. Therefore, there was competent, credible evidence to
    support the juvenile court’s finding that P.S. had been in temporary agency custody
    for 12 or more months of a consecutive 22-month period, and the first prong of the
    permanent custody analysis has been established.
    Having found that P.S. had been in temporary custody for more than
    12 months of a consecutive 22-month period, the juvenile court had concluded the
    first prong of the permanent custody analysis and moved on to consider the best
    interest of the child. Nevertheless, the juvenile court further found that “one or more
    of the factors in division (E) of section 2151.414 of the Revised Code exist and the
    child cannot be placed with one of the child’s parents within a reasonable period of
    time or should not be placed with either parent[.]” (July 20, 2022, journal entry
    p.3.)
    R.C. 2151.414(E) provides a list of factors the court must consider in
    determining whether or not children can be placed with a parent within a reasonable
    time. If the juvenile court finds, by clear and convincing evidence, that at least one
    of these enumerated factors exists as to each of the child’s parents, the juvenile court
    must find that the child cannot be placed with either parent within a reasonable time
    or should not be placed with either parent. R.C. 2151.414(E).
    The juvenile court found that P.S. could not be placed with either
    parent within a reasonable time or should not be placed with either parent pursuant
    to R.C. 2151.414(E)(1). R.C. 2151.414(E)(1) provides that the court shall enter a
    finding that the child cannot be placed with either parent within a reasonable time
    or should not be placed with either parent if it finds that
    [f]ollowing 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, the parent has failed
    continuously and repeatedly to substantially remedy the conditions
    causing the child to be placed outside the child’s home.
    Hogue testified that the agency developed a case plan to assist Mother
    in addressing her issues with parenting, mental health, domestic violence, and the
    provision of basic needs, including housing and employment. Mother initially
    engaged in mental-health services with FrontLine Service and later with Ohio
    Guidestone, from February 2019 through October 2019, after which she missed
    several appointments and stopped treatment altogether in January 2020. Mother
    did not reengage in these services until February 2021.
    Although Mother was “fairly consistent” in attending therapy
    appointments since February 2022, she was not compliant in taking her medication
    as prescribed. (Tr. 23, 32-34, 87-88.) Hogue testified that during the most recent
    home visit, she discovered that Mother was out of medication. When Hogue
    questioned Mother about the medication, Mother told her that she threw the
    medication away and that she had missed her appointment to obtain a medication
    refill. (Tr. 33-34, 149.) Mother admitted during her trial testimony that she
    sometimes forgot to take her medication as prescribed, and admitted that she
    missed a recent psychiatry appointment for medication management because she
    failed to check her email to verify the appointment. (Tr. 124-126, 156-157.)
    Hogue testified that Mother’s failure to take her prescribed
    medication was an ongoing concern because she “hears voices.” (Tr. 37.) Mother
    told Hogue shortly before trial that “the voices are kinda like non-stop” and that “she
    is hearing them more frequently than she had been hearing in a long time.” (Tr. 37-
    38, 93-94.) Thus, the record supports the juvenile court’s finding that Mother was
    not compliant with her mental-health services.
    The record also supports a finding that Mother failed to benefit from
    the parenting component of her case plan. Mother completed a parenting program
    through Ohio Guidestone, but she continued to exhibit concerning behaviors after
    completing the parenting class.      Consequently, Mother engaged in a second
    parenting program that she completed in June of 2021. Despite having completed
    two parenting programs, Mother continued to have difficulty redirecting P.S. when
    necessary, and Mother continued to hit P.S. inappropriately.            When Hogue
    attempted to remind Mother of more appropriate forms of discipline such as
    redirection and timeouts, Mother replied that she used verbal commands to redirect
    P.S. and timeouts “in addition to popping the child.” (Tr. 31, 71-72.) The court found
    Mother’s acts of hitting the child particularly alarming since Mother admitted to
    previously having thoughts of harming P.S. Therefore, the court’s concern that
    Mother failed to benefit from the parenting classes is supported by competent,
    credible evidence.
    The evidence also shows that Mother failed to demonstrate that she
    could provide basic needs such as employment and housing. Mother claimed to be
    employed in various jobs, but she only produced one pay stub for one of the jobs,
    despite Hogue’s requests for more documentation. And, Mother had not paid rent
    for the six months prior to trial, and there was threat that she could be evicted.
    Moreover, Mother’s home did not have heat, and Mother made no effort to contact
    the landlord to remediate this problem. Therefore, the evidence showed that
    Mother failed to significantly benefit from the basic needs component of her case
    plan.
    Moreover, Brandt opined at trial that Mother “has failed to fully
    resolve the issues that led to this matter being initiated.” (Tr. 158.) Brandt observed
    that Mother “is still struggling with mental health services and to be completely
    medication-compliant.”      Therefore, the trial court’s finding, pursuant to R.C.
    2151.414(E)(1), that P.S. could not be placed with either parent within a reasonable
    time or should not be placed with either parent is supported by competent, credible
    evidence.2
    C. Best Interest of the Child
    Having determined that the manifest weight of the evidence supports
    the juvenile court’s finding that P.S. had been in temporary agency custody for 12 or
    more months of a consecutive 22-month period, and could not be returned to either
    parent within a reasonable time, we now turn to the second prong of our analysis,
    which requires the court to determine, by clear and convincing evidence, whether it
    is in the best interest of the child to grant permanent custody to the agency pursuant
    to R.C. 2151.414(D).
    We recognize that, given the nature of the proceeding and the impact
    the court’s decision will have on the lives of the parties concerned, the juvenile court
    enjoys broad discretion in determining whether an order of permanent custody is in
    the child's best interest. In re Awkal, 
    95 Ohio App.3d 309
    , 316, 
    642 N.E.2d 424
     (8th
    Dist.1994). We, therefore, review a juvenile court’s determination of a child’s best
    interests under R.C. 2151.414(D) for an abuse of discretion. In re D.A., 8th Dist.
    Cuyahoga No. 95188, 
    2010-Ohio-5618
    , ¶ 47.
    2  The trial court also found, pursuant to R.C. 2151.414(E)(3), that P.S.’s alleged
    father abandoned her because he failed to communicate with the child, failed to visit the
    child, and refused to engage in any services that could assist in reuniting him with P.S.
    However, as previously stated, Father is not a party to this appeal.
    An abuse of discretion occurs when a court exercises its judgment in
    an unwarranted way regarding a matter over which it has discretionary authority.
    Johnson v. Abdullah, 
    166 Ohio St.3d 427
    , 
    2021-Ohio-3304
    , 
    187 N.E.3d 463
    , ¶ 35.
    In other words, “[a] court abuses its discretion when a legal rule entrusts a decision
    to a judge’s discretion and the judge’s exercise of that discretion is outside of the
    legally permissible range of choices.” State v. Hackett, 
    164 Ohio St.3d 74
    , 2020-
    Ohio-6699, 
    172 N.E.3d 75
    , ¶ 19.
    This court has held that an abuse of discretion may be found where a
    trial court “applies the wrong legal standard, misapplies the correct legal standard,
    or relies on clearly erroneous findings of fact.” Thomas v. Cleveland, 
    176 Ohio App.3d 401
    , 
    2008-Ohio-1720
    , 
    892 N.E.2d 454
    , ¶ 15 (8th Dist.). When applying the
    abuse of discretion standard, a reviewing court may not substitute its judgment for
    that of the trial court. Vannucci v. Schneider, 
    2018-Ohio-1294
    , 
    110 N.E.3d 716
    , ¶ 22
    (8th Dist.).
    In determining the best interest of the child, R.C. 2151.414(D) requires
    the court to consider all relevant factors, including but not limited to (1) the
    interaction and interrelationship of the child with the child’s parents, siblings,
    relatives, foster parents, and out-of-home providers, and any other person who may
    significantly affect the child; (2) the wishes of the child as expressed directly by the
    child or through the child’s guardian ad litem; (3) the custodial history of the child;
    (4) the child’s need for a legally secure placement and whether that type of
    placement can be achieved without a grant of permanent custody to the agency; and
    (5) whether any factors in R.C. 2151.414(E)(7) through (11) are applicable.
    Although a trial court is required to consider each of the R.C.
    2151.414(D)(1) factors in making its permanent custody determination, “there is not
    one element that is given greater weight than the others pursuant to the statute.” In
    re Schaefer, 
    111 Ohio St.3d 498
    , 
    2006-Ohio-5513
    , 
    857 N.E.2d 532
    , ¶ 56. Moreover,
    only one factor needs to be resolved in favor of permanent custody in order to find
    that permanent custody is in the child’s best interest. In re S.C., 8th Dist. Cuyahoga
    No. 102350, 
    2015-Ohio-2410
    , ¶ 30.
    Although there was evidence that P.S. was bonded with Mother and
    that they love each other, there was also evidence that P.S. is bonded with her foster
    family and that she is thriving in their home. Therefore, the factor set forth in R.C.
    2151.414(D)(1) is neutral to the extent the evidence shows that P.S. is bonded to both
    Mother and her foster family. However, the guardian ad litem stated she believes
    P.S. will thrive with the foster family because the foster family provides a safe and
    stable home whereas Mother has failed to resolve her mental-health issues and has
    failed to demonstrate that she provide a stable home for P.S. Therefore, the factor
    set forth in R.C. 2151.414(D)(2) weighs in favor of permanent custody.
    With regard to P.S.’s custodial history, the evidence shows that she
    has been living with the same foster family almost her entire life. She has lived with
    the foster family for over three years, and she was three years old at the time of trial.
    Moreover, the foster family is willing to adopt P.S. and will, therefore, provide her a
    permanent home. Therefore, the factors set forth in R.C. 2151.414(D)(3) and
    2151.414(D)(4) weigh heavily in favor of permanent custody, and the trial court’s
    findings are supported by the manifest weight of the evidence.
    Moreover, if all the factors outlined in R.C. 2151.414(D)(2) are
    established, then the trial court must grant permanent custody of the child to the
    agency. See In re P.J., 8th Dist. Cuyahoga No. 110121, 
    2021-Ohio-1821
    , ¶ 26
    (“Because all the factors under R.C. 2151.414(D)(2) apply, permanent custody was
    necessarily in the best interest of the child and the juvenile court was required to
    grant permanent custody to CCDCFS.”). R.C. 2151.414(D)(2) states:
    (2) If all of the following apply, permanent custody is in the best interest
    of the child, and the court shall commit the child to the permanent
    custody of a public children services agency or private child placing
    agency:
    (a) The court determines by clear and convincing evidence that one or
    more of the factors in division (E) of this section exist and the child
    cannot be placed with one of the child’s parents within a reasonable
    time or should not be placed with either parent.
    (b) The child has been in an agency’s custody for two years or longer,
    and no longer qualifies for temporary custody pursuant to division (D)
    of section 2151.415 of the Revised Code.
    (c) The child does not meet the requirements for a planned permanent
    living arrangement pursuant to division (A)(5) of section 2151.353 of
    the Revised Code.
    (d) Prior to the dispositional hearing, no relative or other interested
    person has filed, or has been identified in, a motion for legal custody of
    the child.
    As previously explained, the record supports the trial court’s finding
    that P.S. could not be placed with either of her parents within a reasonable time or
    should not be placed with either parent as outlined in R.C. 2151.414(D)(2)(a). The
    undisputed evidence also demonstrates that P.S. has been in temporary custody for
    approximately three years and, therefore, was in agency custody for two or more
    years, as outlined in R.C. 2151.414(D)(2)(b).
    P.S. could not meet the requirements for a planned permanent living
    arrangement as provided in R.C. 2151.414(D)(2)(c), because she was only three years
    old and one of the requirements is that the child is 16 years of age or older. See R.C.
    2151.353(A)(5).
    Finally, the consideration listed in R.C. 2151.414(D)(2)(d) is
    established if “[p]rior to the dispositional hearing, no relative or other interested
    person has filed, or has been identified in, a motion for legal custody of the child.”
    The record shows that no motion for legal custody was filed by any individual in this
    case. Therefore, this factor was satisfied at the time of trial, and the trial court noted
    in its entry that “no relative or other interested person has filed or has been
    identified in a motion for legal custody of the child[.]” (July 20, 2022, journal entry.)
    The record demonstrates that all the factors listed in R.C.
    2151.414(D)(2) apply to the facts of this case. Therefore, permanent custody was
    necessarily in the best interest of the child, and the juvenile court was required to
    grant permanent custody to CCDCFS. In re P.J., 8th Dist. Cuyahoga No. 110121,
    
    2021-Ohio-1821
    , at ¶ 26. Therefore, the sole assignment of error is overruled.
    Judgment 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.
    EILEEN T. GALLAGHER, JUDGE
    FRANK DANIEL CELEBREZZE, III, P.J., and
    EILEEN A. GALLAGHER, J., CONCUR