In re A.K.

Summary

The Ohio Eighth District Court of Appeals affirmed the juvenile court’s grant of permanent custody of two minor children to the Cuyahoga County Division of Children and Family Services. The court held that clear and convincing evidence supported findings that the children could not or should not be placed with their mother within a reasonable time, based primarily on her unresolved substance-abuse and mental-health issues, inconsistent participation in services, incarceration, and lack of verified stable housing.

Holdings

1. The juvenile court's finding under R.C. 2151.414(B)(1)(a) was supported by clear and convincing evidence and was not against the manifest weight of the evidence.
2. Because the four requirements of R.C. 2151.414(D)(2) were supported by clear and convincing evidence, permanent custody with CCDCFS was per se in the children's best interests and the juvenile court was required to commit the children to the agency's permanent custody.
3. The juvenile court did not clearly lose its way or create a manifest miscarriage of justice in granting permanent custody and terminating Mother's parental rights.

Questions Presented

1. Whether the juvenile court's determination under R.C. 2151.414(B)(1)(a) that the children could not or should not be placed with either parent within a reasonable time was against the manifest weight of the evidence.
2. Whether the juvenile court's determination under R.C. 2151.414(D)(2) that permanent custody with CCDCFS was in the children's best interests was against the manifest weight of the evidence.

Disposition

affirmed