In re: T.R.-B.

Citations

• 2018 Ohio 3044

Syllabus

R.C. 2151.414 permanent custody clear and convincing child's wishes best interest relevant factors guardian ad litem waive plain error. Judgment affirmed. The trial court's decision awarding permanent custody of the child to CCDCFS and terminating parental rights was proper. The trial court considered all relevant factors and its best interest determination was supported by clear and convincing evidence. While the child expressed desire to remain with Mother, the juvenile court is charged with the grave responsibility of determining the children's best interest, and this is not solely limited to the children's stated wishes. The record demonstrates Mother has a chronic mental illness and chemical dependency. Mother is repeatedly incarcerated. Mother and Father have neglected the child. Mother and Father are unwilling to provide food, clothing, shelter, or other necessities for the child. Moreover, the court did not err in not sua sponte appointing her a GAL when there is nothing in the record to suggest that Mother is mentally incompetent. A mental impairment does not necessarily mean that the adult is mentally incompetent, requiring the appointment of a GAL. Additionally, Mother never objected to a lack of assistance from a guardian at any time during the proceedings. This court has previously found the failure to object to the lack of assistance from a GAL waives the issue on appeal.