In re J.G.S.

Citations

• 2019 Ohio 802

Syllabus

CHILDREN – CUSTODY – RES JUDICATA – PLAIN ERROR: R.C. 2151.414(A)(1), which states that the adjudication that a child is an abused, neglected or dependent child shall not be adjudicated at the permanent-custody hearing, does not preclude the trial court from considering evidence elicited in the adjudicatory hearing at a permanent-custody hearing. Because the juvenile court is vested with continuing jurisdiction to review and, if necessary, modify its dispositional orders, the doctrine of res judicata does not prohibit the litigation of issues relative to a motion for permanent custody even though the same or similar issues may have been considered in a prior action under R.C. Chapter 2151. The trial court did not commit plain error in permitting excerpts from the child's voluminous medical records into evidence where father failed to specify which statements he alleged were inadmissible hearsay and the medical records were cumulative to the witnesses' testimony. Because the juvenile court was required to independently review the magistrate's decision and was free to disagree with the magistrate's conclusions, the juvenile court did not err in finding that the 12-of-22 condition in R.C. 2151.414(B)(1)(d) had been met even though the magistrate had found that the child could not or should not be placed with either of his parents within a reasonable amount of time pursuant to R.C. 2151.414(B)(1)(a). The parents' compliance with the case plan did not preclude the trial court from awarding permanent custody to a children services agency.