In re G.D.

Citations

• 2023 Ohio 1913

Syllabus

A two-year-old child's great-grandparents and foster parents both sought legal custody of the child, who had been adjudicated abused, neglected, and dependent. The juvenile court did not abuse its discretion when it concluded that granting legal custody to the foster parents was in the child's best interest. Although the great-grandparents' familial status was relevant, the juvenile court did not have to give it special consideration in making its best interest determination. The foster mother, a nurse, testified over objection about medications great-grandmother had been prescribed, but there was no indication in the court's decision that it relied upon this testimony in making the custody determination. And, even if the admission of the testimony were error, it was harmless because great-grandmother also testified about the medications she had been prescribed. Although the juvenile court stated in its judgment that it \believes\ great-grandparents \were a last resort for kinship placement\ because a children services agency \can lose funding if they do not place a child with relatives\ (an apparent reference to 42 U.S.C. 671(a)(19), which links a State's receipt of federal funds to a preference for custodial placement with a relative), this issue did not affect the court's best interest determination. Finally, the juvenile court did not err in its interpretation of the guardian ad litem's testimony. Judgment affirmed.