In re E.B.

Citations

• 2017 Ohio 2672

Syllabus

Juvenile court judgment granting permanent legal custody to the public agency was not against the manifest weight of the evidence where competent, credible evidence supported the juvenile court's finding that the children had been in the temporary custody of the public agency for 12 or more months of a consecutive 22-month period, and granting permanent custody to the public agency was two of the children's best interest given father's unresolved domestic violence issues and repeated incarcerations which have prevented him from caring for the two boys. Juvenile court did not violate indigent mother's due process rights by not appointing a psychiatrist to assist her in defending the public agency's motion for permanent legal custody where the mother did not request such an appointment and the predominate issue in the case was the child's fragile medical condition and the need for a legally secure permanent placement, not the mother's mental condition. Juvenile court did not err when it granted permanent legal custody to the public agency where competent, credible evidence supported the juvenile court's finding that due to the child's medically fragile condition, father's domestic violence and repeated incarcerations, and mother's unresolved chemical dependency and bi-polar depression, the child cannot or should not be placed with either parent, and permanent placement with the public agency is in the best interest of the child. Judgments affirmed.