In re G.W.

Citations

• 2022 Ohio 1678

Syllabus

Parental rights R.C. 2151.414(B)(1)(a)-(e)/clear and convincing evidence R.C. 2151.414(D)/best interest of the child findings abuse of discretion. The juvenile court failed to establish by clear and convincing evidence that termination of Mother's parental rights was in the child's best interest. In this matter, we find that the critical testimony required to tip the scales in favor of taking away a parent's fundamental liberty interest in raising their child is missing. At the time of trial, the agency's case worker was unable to confirm whether Mother had completed, complied with, or was engaged in the case plan services. The agency's case worker, while testifying almost a year later, had no current information about one or more components of Mother's case plan. As a result, we are constrained to find that the trial court abused its discretion by granting CCDCFS' motion for permanent custody. Accordingly, we sustain Mother's sole assignment of error.