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· 2/28/2019

In re K.Z.

Citations

  • 2019 Ohio 707

Syllabus

Motion to modify temporary custody to permanent custody termination of parental rights R.C. 2151.414, 2151.415(D)(1) motion to extend temporary custody Sup.R. 48 Juv.Loc.R. 18(G) guardian ad litem's investigation and report clear and convincing evidence medically fragile child best interest of the child. Juvenile court did not abuse its discretion in denying mother's motion to strike guardian ad litem's report and recommendation where mother's counsel had the opportunity to cross-examine guardian ad litem regarding his investigation and report and guardian ad litem's report and recommendation was just one of the factors juvenile court considered in determining whether to grant permanent custody to agency. Juvenile court did not abuse its discretion in granting agency's motion for permanent custody and denying mother's motion to extend temporary custody. Competent, credible, clear and convincing evidence supported the juvenile court's determination that award of permanent custody to agency was in the best interest of the child where although mother made substantial progress on the elements of her case plan related to drug abuse, she made no significant progress towards meeting basic needs of her medically fragile child, including securing and maintaining appropriate housing for child, attending child's medical appointments and becoming knowledgeable about child's medical care and treatment.

Judges: Gallagher

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