In re L.H.

Citations

• 2021 Ohio 3521

Syllabus

The trial court abused its discretion in terminating Mother's parental rights and awarding appellee Montgomery County Children Services (MCCS) permanent custody of her child. The record lacks clear and convincing evidence to support such a disposition. The trial court also abused its discretion in denying Mother's motion to have legal custody of the child returned to her. The preponderance of the evidence presented at a dispositional hearing supported returning legal custody to Mother, and the trial court's contrary decision was unreasonable. At the time of the hearing, the child was in a residential-treatment facility for sexual offenders. Mother and MCCS both agreed to keep the child there, and the record supported awarding Mother legal custody while the child completed the program rather than granting MCCS permanent custody. Mother also had made reasonable plans to prevent a recurrence of the sexual touching act that her child had committed in her home. Judgment reversed and remanded.