In re N.S.

Citations

• 2023 Ohio 3983

Syllabus

Permanent custody right to counsel best interests of the child. Juvenile court did not err when it refused to appoint independent counsel for child because of alleged conflict between child's wishes and guardian's recommendation. In the final guardian ad litem report, five-year-old child expressed a desire to return home to Mother and a desire to remain in foster care. Child's one statement did not conflict with the guardian ad litem's recommendation for permanent custody. Appellant did not request counsel for the child's sibling and thus waived the issue absent plain error. However, appellant did not develop a plain error argument before the appellate court accordingly the court was not required to review it. Finally, the record supported the trial court's findings in support of permanent custody. Although appellant had succeeded in some aspects of her case plan by the time of the permanent custody hearing, she had previously attended nine treatment facilities and suffered multiple relapses. The children had been in custody with the agency for over two years and there were no relative placements. Accordingly, permanent custody was in the best interest of the children.