In re R.M.

Citations

• 2024 Ohio 1885

Syllabus

Permanent custody continuance best interests of the child hearsay GAL oath ineffective assistance of counsel. Trial court did not abuse its discretion in denying Father's motion for continuance where Father was properly served through counsel and Father failed to have contact with counsel for seven months before trial. The reasons for the trial court's grant of permanent custody were supported by competent, credible evidence. Out-of-court statements were properly admitted as nonhearsay where they were not offered for the truth of the matter asserted but to explain why the child was placed with a foster family instead of relatives. Acceptance of GAL's unsworn recommendation was not an abuse of discretion where statute does not require the GAL's recommendation to be under oath and the parties chose not to cross-examine the GAL. Father's right to the effective assistance of counsel was not violated since there was no evidence of deficient performance and Father could not establish prejudice.