In re C/S Children

Citations

• 2025 Ohio 1639

Syllabus

PERMANENT CUSTODY – BEST INTEREST – SUFFICIENCY – MANIFEST WEIGHT – R.C. 2151.414(B)(1)(d) – 12-OF-22 MONTHS – R.C. 2151.414(D)(1)(d) – LEGALLY SECURE PLACEMENT – R.C. 2151.414(D)(1)(e) – PRESUMPTION OF ABANDONMENT : The juvenile court did not err when it awarded permanent custody of the minor children to the Hamilton County Department of Job and Family Services (\HCJFS\), given that Mother, an out-of-state resident, lacked approval under the Interstate Compact on the Placement of Children (\ICPC\). Even if Mother had ICPC approval, the juvenile court did not err in concluding that Mother was not a legally secure placement for the children, as evidenced by Mother's ongoing relationship with a partner who in the past had allegedly abused her. The juvenile court did not err by refusing to order HCJFS to make a fourth ICPC referral for Mother when such a referral is not mandated by law and is left to the discretion of HCJFS. [But see DISSENT: Ohio's ICPC statute, as applied to Mother, failed to provide constitutionally-sufficient due process where it (1) did not afford Mother a meaningful opportunity to present evidence that supported the return of her children; (2) failed to secure the right to judicial review of an adverse ICPC determination in Kentucky; (3) failed to protect the right to counsel in Kentucky; and (4) vested the judicial determination of the children's disposition in the unchecked discretion of an out-of-state executive agency, thereby violating the separation of powers principle.]