In re JF

Citations

• 2024 Ohio 3311

Syllabus

Permanent custody R.C. 2929.414(E) manifest weight of the evidence ineffective assistance of counsel. The juvenile court's grant of permanent custody of a minor child to a Children and Family Services Agency was not against the manifest weight of the evidence. The juvenile court's finding that the minor child could not be placed with mother within a reasonable time, or should not be placed with mother, pursuant to R.C. 2151.414(E) was based on clear and convincing evidence that the Agency engaged in reasonable case planning and diligent efforts and mother failed to substantially remedy the conditions causing the minor child's removal. Further, mother had chronic mental illness and chemical dependency that was so severe that it made her unable to provide an adequate permanent home. Mother also neglected the minor child from the date of the original complaint to the dispositional hearing, and mother had parental rights terminated involuntarily with respect to a sibling of the minor child. Pursuant to R.C. 2151.414(B), the finding that permanent custody was in the child's best interests was supported by evidence that mother had a lengthy history of ongoing, unaddressed problems with substance abuse and mental health, did not engage with the case plan implemented, and had another child removed from her care in the past for similar reasons. Mother did not show she received ineffective assistance of counsel. She could not show that the decision to stipulate to an amended complaint at the adjudicatory hearing was anything more than a tactical decision or that the outcome of the hearing would have been different had she not stipulated. Further, mother did not show that had counsel requested a continuance of the adjudicatory or dispositional hearing, the continuance would have been granted or that the outcome of the proceeding would have been different.