In re E.B.

Citations

• 2019 Ohio 3943

Syllabus

CHILDREN – CUSTODY – JURISDICTION: The appellate court has jurisdiction to review the guardian ad litem's appeal of the juvenile court's order granting legal custody to mother's cousin, but postponing the effective date of legal custody during the transition plan: the juvenile court's judgment is a final, appealable order under R.C. 2505.02(B)(2) because the guardian ad litem retains a \substantial right\ to ensure that the best interests of the child are enforced and protected in permanent-custody proceedings, and the juvenile court's decision to award legal custody to mother's cousin forecloses the guardian ad litem's appropriate relief in the future. The juvenile court did not abuse its discretion in adopting the magistrate's decision to grant legal custody of the child to mother's cousin and deny permanent custody to the Hamilton County Department of Job and Family Services: the decision was supported by competent and credible evidence that granting legal custody and denying permanent custody was in the best interests of the child. [But see DISSENT: The trial court abused its discretion in denying the guardian ad litem's request for permanent custody to be awarded to the Hamilton County Department of Job and Family Services and determining the best interests of the child where the evidence showed the child had an established relationship with the foster family the child had lived with her entire life and lacked a relationship with mother's cousin, and mother's cousin's husband possessed a troubling criminal history, including domestic violence.] The juvenile court did not exceed its statutory and jurisdictional authority where it granted legal custody to mother's cousin, but ordered that temporary custody remain with the Hamilton County Department of Job and Family Services during the transition of the child from foster care to the care of mother's cousin.