In re I.L.

[Cite as In re I.L., 2023-Ohio-1674.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE I.L. :
Minor Child : No. 112240
[Appeal by T.L., Mother] :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: May 18, 2023
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. AD-18-910881
Appearances:
Stephanie Anderson, for appellant.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee CCDCFS.
MARY E. KILBANE, J.:
Appellant-mother, T.L. (“Mother”), appeals the juvenile court’s
decision terminating her parental rights and granting permanent custody of her
child, I.L. (d.o.b. 02/16/2007), to the Cuyahoga County Division of Children and
Family Services (“agency”).
For the following reasons, we affirm the juvenile court’s decision.
Factual and Procedural History
On September 4, 2018, the agency filed a complaint in juvenile court
in Cuyahoga J.C. No. AD-18-910881 for abuse, neglect, and temporary custody of
I.L. and a motion for predispositional temporary custody of I.L.1 The complaint
alleged in relevant part:
1. There is a significant parent-child conflict in the home between
mother and I.L. On or about September 3, 2018, Mother and I.L.
engaged in a physical altercation. The Maple Heights Police were called
to [M]other’s home and the child was transported to the hospital where
child was treated for her injuries. A police investigation is ongoing, and
[M]other will be charged with domestic violence and child
endangerment. A.L. [I.L.’s younger sibling,] was in the home during
the altercation between [M]other and I.L.
2. I.L. has significant mental health and behavioral issues which
[M]other has not adequately addressed. Mother has engaged child in
services in the past, however, child has not been engaged in services for
at least the past year.
***
5. Father of I.L., [An.L.], has failed to support, visit, or communicate
with the child on a consistent basis.2
On the same date, the magistrate held a hearing on the complaint.
Mother denied the allegations in the complaint and stipulated to a finding of
probable cause to the motion for predispositional temporary custody. The
1On the same date, the agency also filed a complaint in Cuyahoga J.C. No. AD-18-
910882 for abuse, neglect, and protective supervision of A.L., the sibling of I.L. A.L. is not
the subject of this appeal and we will not address the portions of the case that reference A.L.
2 Father is not a party to this appeal.
magistrate granted the agency’s motion for predispositional temporary custody;
found probable cause to remove I.L. from the home of Mother; and committed I.L.
to the emergency temporary care and custody of the agency. On September 5, 2018,
the magistrate appointed Christina Joliat as guardian ad litem (“GAL”) for I.L. On
October 5, 2018, the agency placed I.L. in the care and custody of her paternal
cousin, C.C.
On October 29, 2018, the agency filed a case plan that identified the
need for Mother to complete family and individual counseling and learn effective
parenting skills, and for I.L. to complete family and individual counseling. On
November 21, 2018, the magistrate adjudicated I.L. neglected and abused and
committed I.L. to the temporary custody of the agency.
As of February 2019, Mother had visited I.L. only three times since
the child was placed in custody, and Mother had made no progress on her case plan.
Mother claimed she spoke with I.L. daily and was willing to participate in services
to regain custody of her daughter.
On August 16, 2019, Mother completed a mental health and chemical
dependence assessment that recommended individual counseling. Around the
same time, C.C. reported to the agency her unwillingness to assume long-term
responsibilities for the child because of I.L.’s challenging behavior.
On September 25, 2019, the agency filed an updated case plan that
stated Mother did not consistently engage with the agency and refused to participate
in supervised visits with I.L.
On September 27, 2019, the trial court conducted a hearing on the
agency’s motions for extension of temporary custody and request for specific
findings. Mother participated and voiced her agreement with both motions. The
agency’s ongoing social worker testified that Mother’s case plan required Mother to
obtain mental health services and family counseling; obtain stable housing; and
maintain employment. The agency social worker testified that in the past month,
Mother had engaged in parenting and anger management classes and maintained
employment. The testimony demonstrated that Mother was currently living with
I.L.’s maternal grandmother. The social worker also testified that I.L. was enrolled
at Signature Health and was placed with C.C. The GAL testified that in the preceding
month, Mother and I.L. had visited regularly. On October 15, 2019, the trial court
granted the agency’s motion for extension thereby extending temporary custody
until March 2, 2020.
According to the agency’s February 12, 2020 semiannual review
report (“SAR Report”), I.L. was diagnosed with unspecified episodic mood disorder,
unspecified psychosis, and adjustment disorder with mixed disturbance of emotions
and primary conduct. At that time, I.L.’s behavior had improved with an adjustment
of her medications. The report indicated that Mother and I.L. attended only one
session of family counseling in November 2019, and the parties’ progress on their
case plan was inconsistent. The report stated that the agency observed progress in
I.L.’s behavior, but Mother did not observe any improvements. The report reflected
that Mother still lived with I.L.’s maternal grandmother, and I.L. was not welcome
in that home due to I.L.’s alleged inappropriate and disrespectful behavior towards
Mother and maternal grandmother. The report further stated that Mother provided
the case worker with inconsistent statements that Mother wanted to regain custody
of I.L. and that I.L. should remain in C.C.’s custody.
As of February 18, 2020, the GAL stated in her report that Mother
and I.L. were engaged in a “high conflict” relationship that was unresolved even with
agency services. The GAL further stated that Mother was not yet ready to properly
parent I.L. On February 20, 2020, the trial court appointed counsel for I.L.
In March 2020, C.C. communicated she no longer wished to maintain
custody of I.L. due to the child’s behavior. The record indicates placement at that
time was complicated due to the Covid-19 pandemic, and no services were available
for an unspecified amount of time. On March 20, 2020, the agency filed a motion
for legal custody with protective supervision to Mother. The motion stated that
Mother substantially complied with the case plan by providing negative random
urine screens; commencing counseling and therapy for herself and child; and
starting unsupervised, overnight visits with I.L. without incident. On April 24,
2020, the magistrate found there was significant progress on the case plan by
Mother and progress had been made in alleviating the cause for I.L.’s initial removal
from Mother’s home and, therefore, I.L. was committed to the legal custody of
Mother with protective supervision.
In June 2020, I.L. committed an act of domestic violence against
Mother. Mother continued to resist family counseling and insisted that I.L. needed
assistance, but not Mother. The agency’s referral of Mother and I.L. for Multi-
System Therapy Services (“MST services”) — a type of family counseling — was
withdrawn due to Mother’s lack of cooperation. In August 2020, I.L. began services
at Bellefaire, but her participation was minimal.
On September 30, 2020, the agency filed a motion to terminate
protective supervision. On October 5, 2020, the GAL reported that Mother and I.L.
were doing well except for the June 2020 domestic violence charge, and Mother had
maintained housing and employment. The GAL reported that agency involvement
was no longer required. However, later that month, a second domestic violence
charge against I.L. resulted in I.L.’s placement in a shelter care and a second
delinquency case against I.L.
On November 2, 2020, the agency withdrew the September 30, 2020
motion and filed a motion for extension of protective supervision. The motion for
extension stated that while Mother had made progress on the case plan, all
objectives had not been met and the family needed continued assistance from the
agency.
The GAL’s report filed on December 9, 2020, stated,
Mother has expressed a willingness to have the child in her [legal
custody] however [Mother] has not appropriately handled the
[delinquency] cases. She did not bring the child to several hearings
even though she was properly notified and warned regarding the
warrant issued.
***
[M]other CANNOT handle [I.L.’s] behaviors when she is not compliant
with therapy. Since the last several charges have been [domestic
violence charges] against [M]other this GAL believes the child is in
need of residential therapy until stabilized and until the proper
supports are in place in the home.
The GAL recommended temporary custody for residential treatment. On December
11, 2020, the magistrate granted the agency’s first extension of protective
supervision until September 19, 2021.
On December 26, 2020, I.L. moved in with Father, and on January
27, 2021, the agency filed a motion to grant legal custody to Father. On February 5,
2021, the magistrate conducted a hearing on that motion and learned that due to an
incident between Father and I.L., Father no longer sought custody of I.L. Monica
Seigers (“Seigers”), the agency’s ongoing social worker, testified that Mother and I.L.
had engaged inconsistently in family and individual counseling. Seigers testified
that the agency initially filed a motion for legal custody to Father because Mother
continually stated she did not want I.L. to return to her home. Seigers testified that
Mother vacillated on whether she wanted custody of I.L., but Mother also stated that
she did not want I.L. in the foster system. Seigers testified that Mother voiced the
need for a residential treatment center. Seigers further testified that the agency
could not place I.L. in a residential treatment center if they did not have custody of
the child and I.L. had not scored high enough on the agency’s residential criteria to
be placed in that type of facility. Seigers testified that I.L. was currently at Mother’s
home and that is where I.L. wanted to stay.
At the hearing, the GAL testified that I.L. had minimal engagement
with therapy, and I.L.’s “behaviors have spiraled out of control” with two pending
delinquency cases. Feb. 5, 2021 hearing, tr. 30. The GAL testified that I.L.’s receipt
of in-person therapy was the critical issue. The trial court stated it could not order
residential treatment, and I.L.’s participation in therapy was her parents’
responsibility. The magistrate granted the agency’s motion to modify Mother’s legal
custody with protective supervision to temporary custody with the agency. I.L. was
placed with her maternal grandfather. On April 23, 2021, the agency placed I.L. with
her maternal grandmother.
On May 27, 2021, the agency filed a motion to modify temporary
custody of I.L. to the permanent custody of the agency. Seiger’s affidavit submitted
with the motion stated, in pertinent part, that Mother failed to consistently
participate in MST services or to demonstrate benefit from the services and parent-
teen conflict persisted between Mother and I.L.
As of August 2021, I.L. had been missing from the agency’s care since
April 2021, and stayed infrequently with her grandfather or grandmother but
primarily with Mother. Mother felt her relationship with I.L. had improved and was
willing to assume custody of I.L. On September 3, 2021, the agency filed a motion
to vest legal custody with Mother, without restrictions.
On September 10, 2021, the magistrate conducted a hearing at which
Mother was not present. The magistrate was informed that I.L. ran away that
morning from Mother’s home. On October 14, 2021, the agency filed a notification
with the court that I.L. returned and was placed in a respite foster home while the
agency sought a residential placement. I.L. ran away again on October 27, 2021.
The agency filed a motion for permanent custody to the agency, and
the magistrate held a hearing on that motion on December 2, 2021.3 Mother did not
attend the hearing but her counsel stated Mother opposed permanent custody to the
agency. I.L.’s attorney stated that she had attempted to meet her client twice, but
both times I.L. had run away from the agency’s custody before she could contact the
child. As a result, I.L.’s attorney could not state her client’s preference for custody.
I.L. was missing at the time of the hearing; the police brought I.L. to the agency’s
custody the day before, but she left the agency’s care immediately.
On January 31, 2022, the magistrate held a hearing to determine if
the agency made reasonable efforts to finalize the permanency plan for I.L. Mother
did not appear at that hearing. Seigers testified that Mother and I.L. previously
engaged in and completed MST services from November 2020 through April 2021,
but the provider’s recommendation was that additional family and individual
counseling was required due to the number of cancelled visits and ongoing concerns
about I.L. Seigers testified that Mother and I.L. also participated in counseling with
ACE Wellness; their last engagement with those services was in November 2021
when ACE Wellness was called to assist with an altercation between Mother and I.L.
Seigers also testified that the agency’s last contact with I.L. occurred on January 21,
3 The agency filed a motion for permanent custody on October 25, 2021, which
rendered moot the agency’s previous motion for permanent custody filed on May 27, 2021.
2022, when the police delivered I.L. to the agency. On that day, I.L. remained in the
agency’s care for only four hours. The magistrate found the agency made reasonable
efforts to reunify Mother and I.L.
On February 1, 2022, the GAL filed a report that stated I.L. had been
missing from the agency’s custody since September 2021. The report stated that I.L
refused to stay in any placement, including a foster placement. The report stated
that due to an incident in Mother’s home — where Mother caught I.L. having sex
with a boy and the boy brought a gun into Mother’s home — I.L. had not been at
Mother’s home. The report further stated that I.L. moved between the homes of
Mother and maternal grandmother, and I.L. refused to follow the adults’ rules. The
GAL’s report stated I.L. and Mother lacked engagement with agency services;
Mother did not want to parent I.L.; and I.L. needed mental health services and
residential placement. The GAL recommended permanent custody to the agency.
On April 13, 2022, the trial court judge conducted an in camera
interview of I.L. I.L. voiced her preference to live with Mother who provided her
basic needs. The GAL testified that I.L.’s current treatment at ACE Wellness and
her increased maturity were having a positive impact on Mother and I.L.’s
relationship.
On May 5, 2022, the agency filed a motion seeking termination of the
agency’s temporary custody. The agency’s motion stated Mother successfully
completed the case plan and resolved the risks that initially resulted in I.L.’s removal
from the home. Specifically, the motion stated that Mother,
maintained the child in her home for an extended period without issues
and ensured the child’s basic needs [we]re met, including ensuring the
child attend[ed] school and participate[d] in individual counseling.
Mother [wa]s able to provide for the needs of the child on a daily basis
and [wa]s willing to provide a permanent home for the child.
May 5, 2022, Motion to Amend the Dispositional Prayer at p. 3.
A May 27, 2022 hearing on the agency’s motion to terminate
temporary custody was continued because Mother left the building before the court
could conduct the hearing. On June 27, 2022, the magistrate held another hearing
on the pending motion. The agency case worker in attendance, Dinita Williams
(“Williams”) had been on the case for only one week and could not testify with
knowledge about the motion to terminate temporary custody; this was the fourth
case worker assigned to the case since the last hearing. Williams testified that I.L.
had been missing for some time from the agency’s custody and, with the agency’s
full knowledge and support, I.L. was staying with Mother without a court order.
Williams testified that I.L. had stopped attending services with ACE Wellness.
Williams also testified that because Mother lacked legal custody, she could not enroll
I.L. in school, counseling, or take her to a doctor. The trial court scheduled another
hearing on the motion.
According to the agency’s July 29, 2022 SAR Report, I.L. had not
regularly attended school, and she needed to repeat the ninth grade. The report also
stated I.L. continued to engage in fights at school and was not engaged in therapeutic
services. The report noted that out-of-home placement was not in the best interest
of the child. Additionally, while Mother previously stated she did not want custody
of I.L., Mother reported that she wanted I.L. to live with her permanently.
The magistrate conducted a hearing on August 1, 2022, on the
agency’s motion to terminate temporary custody, but Mother and the case worker
supervisor failed to appear. The magistrate reset the hearing. On August 17, 2022,
the agency requested permanent custody due to the length of time I.L. had been
under the agency’s care. Further, Williams’s affidavit attached to the motion averred
that Mother was currently unwilling to assume custody of I.L. On August 25, 2022,
the magistrate conducted a hearing; Mother did not participate. The parties
stipulated to reasonable efforts and the magistrate found it was not in I.L.’s best
interest to continue residence in or return to Mother’s care and custody. The prior
order of temporary custody was continued pending the outcome of trial on the
agency’s motion for permanent custody.
Throughout the case, the child’s GAL submitted reports to the trial
court on November 19, 2018 (recommending continued custody with C.C.),
September 9, 2019 (recommending continued custody with C.C.), February 18,
2020 (recommending legal custody to C.C.), October 5, 2020 (recommending
termination of protective services of Mother), December 9, 2020 ( recommending
residential treatment), February 1, 2021 (recommending legal custody to Father),
February 1, 2022 ( recommending permanent custody to the agency), May 9, 2022
(recommending termination of temporary custody), and December 4, 2022
(recommending permanent custody or planned permanent living arrangement
(“PPLA”)). The GAL’s final report filed on December 4, 2022, stated that I.L. lacked
cooperation with the agency or adults as evidenced by the fact that she ran away
from the agency’s custody for most of the duration of the case. The GAL noted that
I.L. had been engaged with services and making improvements with ACE Wellness,
but those improvements were temporary. The report noted that I.L. was suspended
from school and did not regularly attend classes. The GAL stated that I.L. moved
between the homes of Mother, maternal grandmother, an aunt, and other friends.
The report noted that I.L.’s parents were no longer willing to provide care, and the
GAL’s recommendation was permanent custody to the agency or PPLA.
On December 9, 2022, the trial court conducted trial on the agency’s
motion for permanent custody. Mother and Father did not participate. The court
heard testimony from Williams, who was assigned to the case in June 2022, and
I.L.’s GAL. Williams testified that the agency sought the permanent custody of I.L.
because neither parent was committed to the child. Williams testified that neither
Father nor Mother wanted custody of I.L., and neither was willing to provide a safe
and permanent home for I.L. Williams testified that when I.L. lived with Mother,
Mother failed to send I.L. to school. She further testified that Mother did not “totally
commit” to the case plan services and the agency thought she needed additional
referrals. Williams testified that Mother refused to engage in services, and Mother
indicated only I.L. needed services. Williams further testified that Mother did not
ensure I.L. engaged in services but left the decision of I.L.’s participation up to the
child. Williams testified that I.L. regularly participated in ACE Wellness services in
the spring of 2022, but stopped when the child ran away. Williams testified that
although she had not performed a placement interview because she did not have any
contact with the child, Williams recommended I.L. be placed in a residential facility.
Williams further testified that a residential facility could potentially provide a
diagnosis for I.L. and, if needed, necessary medications. Williams testified that I.L.
called her a few times each month to provide her current phone number. During
those calls, I.L. refused to provide her address and stated she was not attending
school because she did not want to do so.
The GAL for I.L. also testified at the custody trial. The GAL testified
that this matter was a long-term case in which little change had occurred over four
years. The GAL testified that I.L.’s placement was driven by the child’s own wishes
and decisions. The GAL testified that I.L. had moved between the homes of her
Mother, Father, maternal grandmother, and a foster home, and I.L. refused to stay
in the agency’s care. The GAL testified that at times Mother appeared to engage with
the agency and indicate her intention to follow through with the case plan and the
services needed for I.L., but Mother had never pursued these actions on a consistent
and fruitful basis. The GAL testified that she was concerned that no one knew of
I.L.’s current whereabouts. The GAL further testified that I.L. needed a legal
custodian:
So I don’t know of anyone else that’s available to be legal custodian for
her. She obviously needs a legal custodian. So I have nothing to
recommend except for permanent custody. Although it is a concern
that we don’t really know where the child is located.
I mean — and I know age — I — I would like a PPLA to be considered,
but I understand she’s not of the age right now, but perhaps in the
future that’s something to keep on the table.
Dec. 9, 2022, Custody Hearing Tr. 32. Following the custody trial testimony, the
trial court terminated the prior order committing I.L. to the temporary custody of
the agency; terminated the parental rights and responsibilities of Mother and
Father; and committed I.L. to the permanent custody of the agency.
On December 14, 2022, Mother filed a timely notice of appeal from
the trial court’s December 9, 2022 judgment entry and presented a single
assignment of error for review:
The trial court abused its discretion by granting permanent custody of
appellant’s children [sic] to CCDCFS against the manifest weight of the
evidence.
Legal Analysis
In her sole assignment of error, Mother argues that the trial court’s
grant of permanent custody to the agency was against the manifest weight of the
evidence.
A parent has a fundamental interest in the care and custody of her
children. In re L.W., 8th Dist. Cuyahoga No. 107708, 2019-Ohio-1343, ¶ 20.
However, parental rights are not absolute: “‘The natural rights of a parent are
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). “By terminating parental rights, the goal is to create ‘a more stable life’
for dependent children and to ‘facilitate adoption to foster permanency for
children.’” In re R.G., 8th Dist. Cuyahoga No. 104434, 2016-Ohio-7897, ¶ 21,
quoting In re N.B., 8th Dist. Cuyahoga No. 101390, 2015-Ohio-314, ¶ 67, citing In re
Howard, 5th Dist. Tuscarawas No. 85 A10-077, 1986 Ohio App. LEXIS 7860, 5
(Aug. 1, 1986).
Pursuant to a motion for permanent custody under R.C. 2151.413, a
juvenile court must satisfy the two-prong test set forth in R.C. 2151.414 before it can
terminate parental rights and grant permanent custody to the agency. The juvenile
court must find by clear and convincing evidence that any one of the conditions set
forth in R.C. 2151.414(B)(1)(a) through (e) apply and that it is in the best interest of
the child to grant permanent custody to the agency. In re R.G., 8th Dist. Cuyahoga
No. 108537, 2020-Ohio-3032, ¶ 22.
Clear and convincing evidence has been defined as “‘that measure or
degree of proof which is more than a mere ‘preponderance of the evidence,’ but not
to the extent of such certainty as is required ‘beyond a reasonable doubt’ in criminal
cases, and which will produce in the mind of the trier of facts a firm belief or
conviction as to the facts sought to be established.’” In re K.H., 119 Ohio St.3d 538,
2008-Ohio-4825, 895 N.E.2d 809, ¶ 42, quoting Cross v. Ledford, 161 Ohio St. 469,
120 N.E.2d 118 (1954), paragraph three of the syllabus.
We examine the record to determine whether the juvenile court had
sufficient evidence to meet the required degree of proof. “Judgments supported by
competent, credible evidence going to all the essential elements of the case will not
be reversed as being against the manifest weight of the evidence.” In re L.W., 8th
Dist. Cuyahoga No. 107708, 2019-Ohio-1343, at ¶ 24, citing In re T.S., 8th Dist.
Cuyahoga No. 92816, 2009-Ohio-5496, ¶ 24, citing State v. Schiebel, 55 Ohio St.3d
71, 74, 564 N.E.2d 54 (1990).
R.C. 2151.414(B)(1) Statutory Requirements
The trial court must find by clear and convincing evidence that one of
the following conditions applies:
(a) The child is not abandoned or orphaned, has not been in the
temporary custody of one or more public children services agencies or
private child placing agencies for twelve or more months of a
consecutive twenty-two-month period, or has not been in the
temporary custody of one or more public children services agencies or
private child placing agencies for twelve or more months of a
consecutive twenty-two-month period if, as described in division (D)(1)
of section 2151.413 of the Revised Code, the child was previously in the
temporary custody of an equivalent agency in another state, and the
child cannot be placed with either of the child’s parents 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 twelve
or more months of a consecutive twenty-two-month period, or the child
has been in the temporary custody of one or more public children
services agencies or private child placing agencies for twelve or more
months of a consecutive twenty-two-month period and, as described in
division (D)(1) of section 2151.413 of the Revised Code, the child was
previously in the temporary custody of an equivalent agency in another
state.
(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).
Here, the trial court satisfied the first prong of the statutory test by
finding that (1) I.L. was in the agency’s custody for 12 months or longer of a
consecutive 22-month period pursuant to R.C. 2151.414(B)(1)(d), and (2) I.L. was
abandoned in accordance with R.C. 2151.414(B)(1)(b). Pursuant to R.C.
2151.414(B)(1), I.L. was in agency custody from November 2, 2018, through April
26, 2020, and again from April 6, 2021, through August 17, 2022, when the agency
filed a motion for permanent custody. Even though I.L. was under Mother’s care
and custody from approximately April 2020, through February 2021, the record
demonstrates that I.L. was in the agency’s care for greater than 12 months during a
consecutive 22-month period. See In re N.M.P., 160 Ohio St.3d 472, 2020-Ohio-
1458, 159 N.E.3d 241, ¶ 23-25.
The record reflects that during the time I.L. was in the agency’s
temporary custody, she often ran away and returned to Mother’s home. However,
the fact that I.L. stayed with Mother during the time the agency was granted legal
custody of the child did not alter the determination that I.L. was in the agency’s
custody for 12 months or longer. See In re I.D., 7th Dist. Columbiana No. 09 CO 13,
2009-Ohio-6805, ¶ 63 (“When the agency has temporary custody but physical
custody is given to the parent, the time spent in the parent’s physical custody counts
toward the twelve months in the ‘12 of 22’ provision because the language of the ‘12
of 22’ provision uses the term ‘temporary custody,’ not ‘physical custody.’”).
Once the trial court found that I.L. was in the agency’s custody as
required under R.C. 2151.414(B)(1)(d), the agency satisfied the first prong of the
statutory test. As a result, we need not assess the application of R.C.
2151.414(B)(1)(b) — abandoned — to the instant matter.
Best Interest Analysis — R.C. 2151.414(D)(1)(a)-(e)
Once the trial court found that one of the enumerated R.C.
2151.414(B)(1) factors was present, the court then conducted an analysis of the
child’s best interest. The trial court had to find by clear and convincing evidence
that a grant of permanent custody to the agency was in I.L.’s best interest. In re
L.W., 8th Dist. Cuyahoga No. 107708, 2019-Ohio-1343, at ¶ 36.
To determine the best interest of the child, a trial court considers the
statutory factors listed in R.C. 2151.414(D)(1)(a)-(e):
(a) The interaction and interrelationship of the child with the child’s
parents, siblings, relatives, foster caregivers and out-of-home
providers, and any other person who may significantly affect the child;
(b) The wishes of the child, as expressed directly by the child or through
the child’s guardian ad litem, with due regard for the maturity of the
child;
(c) The custodial history of the child, including whether the child has
been in the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more months of
a consecutive twenty-two-month period, or the child has been in the
temporary custody of one or more public children services agencies or
private child placing agencies for twelve or more months of a
consecutive twenty-two-month period and, as described in (D)(1) of
section 2151.413 of the Revised Code, the child was previously in the
temporary custody of an equivalent agency in another state;
(d) The child’s need for a legally secure permanent placement and
whether that type of placement can be achieved without a grant of
permanent custody to the agency;
(e) Whether any of the factors in divisions (E)(7) to (11) of this section
apply in relation to the parents and child.
Not one factor listed in R.C. 2151.414(D)(1) is given greater weight than any other
factor. In re L.W. at ¶ 39, quoting In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-
5513, 857 N.E.2d 532, ¶ 56. Only one of the statutory factors needs to be found in
favor of the award of permanent custody. Id., citing In re Moore, 8th Dist. Cuyahoga
No. 76942, 2000 Ohio App. LEXIS 3958 (Aug. 31, 2000). The focus of a best interest
determination is the child, not the parent. In re R.G., 8th Dist. Cuyahoga No.
104434, 2016-Ohio-7897, at ¶ 28, citing In re N.B., 8th Dist. Cuyahoga No. 101390,
2015-Ohio-314, at ¶ 59.
The trial court stated in its December 13, 2022 judgment entry that it
relied upon the R.C. 2151.414(D)(1)(a)-(d) factors and the GAL report to determine
by clear and convincing evidence that a grant of permanent custody was in I.L.’s best
interest and that I.L. could not be placed with one of her parents within a reasonable
time or should not be placed with either parent. A review of the record shows a grant
of permanent custody to the agency was in I.L.’s best interest.
Mother neither attended nor testified at the custody hearing.
However, a review of the record reveals that Mother and I.L. had a tumultuous
relationship. The agency initially removed I.L. in September 2018 because of
conflict between I.L. and her Mother and inappropriate discipline. Mother saw I.L.
only three times for the first year of this case. Mother made more of an effort to
comply with her case plan starting in August 2019, and in April 2020 the court
granted Mother legal custody with protective supervision. While I.L. was in
Mother’s legal custody, I.L. was charged with two separate counts of domestic
violence against Mother. It is uncertain how the lack of services at that time — due
to the Covid-19 pandemic — impacted I.L.’s behavior. While she had legal custody
of I.L., Mother vacillated on whether she wanted I.L. in her home. In February 2021,
the court terminated Mother’s legal custody with protective supervision and again
granted the agency temporary custody.
While the agency had temporary custody of I.L. throughout 2021 and
2022, the child regularly fled the agency’s care — including a foster home — and
often returned to live with Mother. On occasions, I.L. also ran away from Mother’s
home. At the time of the custody hearing in December 2022, the agency worker
testified that according to Mother, I.L. was living with her and “she comes and goes.”
Dec. 9, 2022, tr. 19. Williams testified at the custody trial that neither Mother nor
Father was willing to accept custody of I.L. and no relatives were available to do so.
I.L. informed the trial court that she wished to be under Mother’s care
and custody. The child’s GAL testified that I.L. required a legal custodian and the
only option appeared to be the agency.
The agency had temporary custody of I.L. from September 2018
through December 2022, except for a nine-and-a-half-month break between April
2020 through February 2021 when Mother had temporary custody with protective
supervision.
The record supports the finding that I.L., who came into the agency’s
temporary custody at 11 years old and was 15 years old at the time of the custody
hearing, needed a legally secure permanent placement that could only be
accomplished with permanent custody to the agency. I.L. had been subject to
multiple placements including a paternal cousin, Mother, Father, grandparents, and
agency care. I.L. had run away from the care and custody of all those providers
although she frequently returned to Mother’s care. Mother had been inconsistent in
her own engagement with services and her supervision of I.L.’s engagement with
services. While I.L. was often missing during the time she was under the agency’s
temporary custody, no other relative — including Mother — was willing to accept
custody of I.L. at the time of the custody trial.
Mother argues that I.L.’s need for a secure placement could have been
achieved without a grant of permanent custody. Specifically, Mother argues that she
made progress on her case plan, she was involved, and wanted to help I.L. Mother
contends that the record does not show she was unable to properly care for I.L. In
contrast to this argument, the trial court determined and the record supports the
finding that pursuant to R.C. 2151.414(E) — and specifically paragraphs (E)(1), (3),
(4), (14), and (16) — I.L. could not be placed with either parent within a reasonable
time or should not be placed with either parent. Upon the determination that one
of the enumerated R.C. 2151.414(E) factors existed, the court was mandated to find
the child could not or should not be placed with either of her parents within a
reasonable period of time. In re Mayle, 8th Dist. Cuyahoga Nos. 76739 and 77165,
2000 Ohio App. LEXIS 3379, 21 (July 27, 2000), quoting In re Higby, 81 Ohio
App.3d 466, 469, 611 N.E.2d 403 (8th Dist.1992) (“The intent of the legislature was
to eliminate any discretion on the part of the court when one of the conditions
exists.”).
Mother also argues that the trial court should have extended
temporary custody until I.L. turned 16 years old and then explored PPLA pursuant
to R.C. 2151.415. Williams did state at the custody trial that she recommended I.L.’s
placement in a residential facility. However, the agency never filed a motion seeking
an order to place I.L. in PPLA, as required under R.C. 2151.415(A)(5). Further, it is
mere speculation that I.L. would qualify for PPLA; the record includes agency
worker testimony that I.L. had not scored high enough on the agency’s residential
criteria to be placed in residential care. Additionally, a child must be 16 years old to
qualify for PPLA. R.C. 2151.353(A)(5). I.L. was only 15 years old at the time of her
custody trial. And the agency could not seek a continuation of temporary custody
beyond February 10, 2023 — two years after the child’s most recent placement into
shelter care. R.C. 2151.415(D)(4). As of February 10, 2023, I.L. would still be only
15 years old and ineligible for PPLA.
I.L. voiced her preference to be placed with Mother but the remaining
factors supported the trial court’s finding that it was in the child’s best interest to be
placed in the agency’s permanent custody. We acknowledge that the agency filed
numerous motions to change the disposition of I.L., and some of the motions
presented contradictory statements about Mother’s compliance with her case plan.
While we do not condone such acts by the agency, we note that Mother’s willingness
to accept custody of I.L. wavered throughout the pendency of the case and I.L.’s
behavior — such as her attendance at school and her living arrangements — was
inconsistent. Additionally, Mother’s attendance at court hearings was sporadic —
most notably when she did not attend the hearings scheduled on December 2, 2021
(permanent custody hearing), January 2, 2022 (reasonable efforts hearing), May 24,
2022 (termination of agency’s temporary custody), August 25, 2022 (reasonable
efforts hearing), and December 9, 2022 (custody trial) — and may well have
impacted the agency’s decisions. Further, even if Mother had met all of her case
plan goals to the satisfaction of the agency and court, it is well established that
[a] parent can successfully complete the terms of a case plan yet not
substantially remedy the conditions that caused the children to be
removed — the case plan is simply a means to a goal, but not the goal
itself. Hence, the courts have held that the successful completion of
case plan requirements does not preclude a grant of permanent custody
to a social services agency.
In re S.P., 8th Dist. Cuyahoga No. 111081, 2022-Ohio-2277, ¶ 38 (internal citations
omitted), quoting In re C.C., 187 Ohio App.3d 365, 2010-Ohio-780, 932 N.E.2d 360,
¶ 25 (8th Dist.).
Based upon the record, the trial court’s grant of permanent custody
to the agency was not against the manifest weight of the evidence. Mother’s
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.
_________________________
MARY EILEEN KILBANE, JUDGE
KATHLEEN ANN KEOUGH, P.J., and
MARY J. BOYLE, J., CONCUR