In re S.L.

Citations

• 2024 Ohio 1989

Syllabus

Temporary custody neglected dependent motion for legal custody legal custody protective supervision R.C. 2151.353(A) R.C. 2151.353(F)(1) R.C. 2151.353(F)(2) Juv.R. 20(B) Civ.R. 5(B) service counsel ineffective assistance change of circumstances dispositional hearing best interest factors preponderance of the evidence. Affirmed juvenile court's judgment that adopted the magistrate's decision and committed the minor child to the legal custody of the child's father with protective supervision to the Cuyahoga County Division of Children and Family Services. After the child was adjudicated to be abused and neglected and eventually placed in the legal custody of mother with protective supervision, the juvenile court retained continuing jurisdiction over the child pursuant to R.C. 2151.353(F)(1). Mother's counsel was properly served with father's motion for legal custody in accordance with Juv.R. 20(B) and Civ.R. 5(B), personal service upon mother was not required, and mother's claims of ineffective assistance of counsel and of a lack of change of circumstances failed. Pursuant to R.C. 2151.353(F)(2), the juvenile court was to treat the hearing on father's motion \as if the hearing were the original dispositional hearing.\ The juvenile court considered relevant best-interest factors, and its determination was supported by a preponderance of the evidence.