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In re A.T.

Citations

  • 2021 Ohio 4306

Syllabus

Permanent custody manifest weight App.R. 3 R.C. 2151.414 best interest abuse of discretion domestic violence. The juvenile court abused its discretion in awarding permanent custody of the child to the Cuyahoga County Division of Children and Family Services. The juvenile court's decision terminating appellant's parental rights and awarding permanent custody of the child to the agency is not supported by clear and convincing evidence in the record. Appellant either completed or had taken significant steps toward completing all of her case plan objectives. Appellant demonstrated her commitment toward the child and her willingness to provide an adequate permanent home for the child. Appellant participated in two parenting programs and demonstrated that she benefitted therefrom. There was no evidence of any contact between appellant and the child's father during the six months leading up to the permanent custody hearing, and appellant did not intend to speak to or remain involved with the child's father moving forward. The record does not contain clear and convincing evidence that permanent custody is in the child's best interest at this time. Based on appellant's failure to file a combined notice of appeal pursuant to App.R. 3(D), this court does not have jurisdiction to review the juvenile court's custody decision regarding the child's younger brother.

Judges: Celebrezze

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