In re A.H.

Citations

• 2019 Ohio 4063

Syllabus

Motion to modify temporary custody to permanent custody termination of parental rights judicial bias in camera interview of children clear and convincing evidence best interest of the child R.C. 2151.414(D)(2) R.C. 2151.414(E) cannot be placed with parent within a reasonable time or should not be placed with parent. Record did not support mother's claim that trial court judge was biased against her based on statements the juvenile court judge made during her in camera interview of the children. There was no evidence that the juvenile court judge shirked her duty of impartiality, prejudged mother or predetermined the result before considering all the evidence presented at the permanent custody hearing. Juvenile court erred in determining that termination of mother's parental rights was in the best interest of the children under R.C. 2151.414(D)(2) and in granting the agency permanent custody of the two children as to which mother challenged the granting of permanent custody. Record did not clearly and convincingly support the trial court's findings that mother had failed continuously and repeatedly to substantially remedy the conditions causing the children to be placed outside the children's home, that mother had not provided for the children's basic needs, that mother had demonstrated a lack of commitment to the children or that the children otherwise could not be placed with mother within a reasonable time or should not be placed with mother.