In re K.V.

Citations

• 2022 Ohio 4290

Syllabus

Continuance abuse of discretion permanent custody best interests of child determination CCDCFS R.C. 2151.414 clear and convincing evidence. Judgment affirmed. Mother failed to demonstrate that the juvenile court abused its discretion by denying her request for continuance on the day of trial when Mother's actions caused the delay. 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, submit to drug screen requests, and secure appropriate housing. Mother also had criminal drug possession charges pending and an outstanding warrant for her arrest. Father was incarcerated pending criminal charges and faced up to ten years in prison. Father also agreed to permanent custody to CCDCFS. Accordingly, the court's decision to grant permanent custody is supported by clear and convincing evidence.