In re E.J.

Summary

The Ohio First District Court of Appeals affirmed the Hamilton County Juvenile Court’s judgment granting the Hamilton County Department of Job and Family Services permanent custody of E.J. and terminating the appellant mother’s parental rights. The court held that the juvenile court’s best-interest determination was supported by sufficient evidence and was not against the manifest weight of the evidence, emphasizing E.J.’s longstanding placement with and bond to his foster family, his expressed desire to be adopted, and the effects of the mother’s inconsistent contact.

Holdings

1. The juvenile court's determination that permanent custody with HCJFS was in E.J.'s best interest was supported by clear and convincing evidence and was not against the manifest weight of the evidence.
2. Mother did not rebut the rebuttable presumption of abandonment arising from her failure to visit or contact E.J. for more than 90 days from May 2022 through October 2022.
3. The court did not need to definitively resolve whether the legally secure-placement factor favored Mother because the other statutory best-interest factors supported permanent custody.

Questions Presented

1. Whether clear and convincing evidence supported the juvenile court's determination that awarding HCJFS permanent custody was in E.J.'s best interest.
2. Whether the juvenile court's best-interest determination was against the manifest weight of the evidence.
3. Whether Mother rebutted the statutory presumption of abandonment arising from her failure to contact or visit E.J. for more than 90 days.

Disposition

affirmed