In re K.G.

Summary

The Eighth District Court of Appeals affirmed a juvenile court’s award of permanent custody of a minor child to the Cuyahoga County Division of Children and Family Services. The court held that clear and convincing evidence supported findings that the father had failed to remedy the conditions leading to the child’s removal, was repeatedly incarcerated, and that permanent custody was in the child’s best interest. The court also upheld the denial of the father’s request for a continuance to establish paternity and investigate relative placement.

Holdings

1. The juvenile court's permanent-custody award was supported by sufficient clear and convincing evidence under R.C. 2151.414. The evidence supported findings that the child could not be placed with either parent within a reasonable time or should not be placed with the parents and that permanent custody was in the child's best interest.
2. The permanent-custody award was not against the manifest weight of the evidence because this was not the exceptional case in which the juvenile court clearly lost its way and created a manifest miscarriage of justice.
3. The juvenile court did not abuse its discretion by denying J.G.'s day-of-trial request for a continuance to complete paternity testing or investigate placement with the paternal grandmother.

Questions Presented

1. Whether the juvenile court's award of permanent custody to CCDCFS was against the manifest weight of the evidence.
2. Whether legally sufficient clear and convincing evidence supported the award of permanent custody to CCDCFS.
3. Whether the juvenile court abused its discretion by denying J.G.'s request for a continuance to establish paternity and investigate placement with the paternal grandmother.

Disposition

affirmed