In re I.F.

Summary

The Fifth District Court of Appeals of Ohio affirmed the Licking County Juvenile Division's judgment granting permanent custody of two children, I.F. and N.F., to Licking County Job and Family Services. The court held that clear and convincing evidence supported findings that the children could not or should not be placed with Mother within a reasonable time and that permanent custody was in their best interests.

Holdings

1. The juvenile court properly found under R.C. 2151.414(B)(1)(a) and (E)(1) that the children could not or should not be placed with Mother within a reasonable time because, despite reasonable case planning and diligent Agency efforts, Mother failed continuously and repeatedly to substantially remedy the conditions causing removal.
2. The juvenile court's determination that granting permanent custody to the Agency was in I.F. and N.F.'s best interests was supported by clear and convincing evidence and was not against the manifest weight of the evidence.
3. Mother had no legal basis to obtain an extension of temporary custody because the Agency did not request one; under the court's precedent, the Agency must request the extension.

Questions Presented

1. Whether clear and convincing evidence supported the finding under R.C. 2151.414(B)(1)(a) and (E)(1) that the children could not or should not be placed with Mother within a reasonable time.
2. Whether the juvenile court's determination under R.C. 2151.414(D)(1) that permanent custody was in the children's best interests was against the manifest weight of the evidence.
3. Whether Mother could obtain an extension of temporary custody under R.C. 2151.415(D) when the Agency did not request an extension.

Disposition

affirmed