In re J.S.

Citations

• 2023 Ohio 82

Syllabus

Permanent custody R.C. 2151.414 manifest weight abuse of discretion best interest of the child. Judgment affirmed. When proceeding on a motion for permanent custody, the juvenile court must satisfy the two-prong test set forth in R.C. 2151.414 before it can terminate parental rights and grant permanent custody to the agency. The juvenile court must find by clear and convincing evidence that (1) at least one of the conditions set forth in R.C. 2151.414 (B)(1)(a) through (e) applies, and (2) it is in the best interest of the child to grant permanent custody to the agency. The record in the instant case demonstrates that the children could not be placed with Mother within a reasonable period of time and Mother failed to complete her case plan, failed to consistently submit to drug screen requests, and failed to follow through with mental health services. Alleged Father never engaged in any case plan services. Both children were born premature, both tested positive for marijuana, and both had resultant medical challenges. One child had unimaginable medical challenges and neither Mother nor Father availed themselves to receive training to care for the child's extensive medical needs. Accordingly, clear and convincing evidence supports the juvenile court's judgment granting permanent custody of the children to the Cuyahoga County Division of Children and Family Services.