In re A.W.

Summary

The Ohio Fifth District Court of Appeals affirmed the Stark County Family Court’s judgment awarding permanent custody of four children to Stark County Job & Family Services and terminating their mother’s parental rights. The court held that clear and convincing evidence supported the finding that the youngest child could not or should not be returned to the mother within a reasonable time and that permanent custody was in the best interests of all four children.

Holdings

1. Clear and convincing evidence supported the finding that A.W. could not be placed with the mother within a reasonable time because the mother failed continuously and repeatedly to substantially remedy the conditions causing A.W.'s removal.
2. The first prong was satisfied for the three older children because they had been in the agency's temporary custody for more than 12 months during a consecutive 22-month period; that factor was dispositive even apart from the additional findings that the children could not or should not be placed with the mother and had been abandoned.
3. Clear and convincing evidence supported the trial court's determination that permanent custody with Stark County Job & Family Services was in the best interests of all four children.

Questions Presented

1. Whether clear and convincing evidence supported the finding under R.C. 2151.414(B)(1)(a) and (E)(1) that A.W. could not or should not be placed with the mother within a reasonable time.
2. Whether the trial court properly determined under R.C. 2151.414(D)(1) that granting permanent custody of all four children to the agency was in their best interests.
3. Whether the permanent-custody judgments terminating the mother's parental rights should be affirmed.

Disposition

affirmed