In re P.B.

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Juvenile Division’s judgment terminating the parental rights of Mother and Father and awarding permanent custody of P.B. to Summit County Children Services Board. The court held that Mother failed to establish by clear and convincing evidence that a six-month extension of temporary custody was warranted under Ohio Revised Code 2151.415(D)(1). The court also declined to strike the agency’s brief or disregard relevant facts not included in its statement of facts.

Holdings

1. The juvenile court may grant a first six-month extension of temporary custody only when the moving party proves by clear and convincing evidence that the extension is in the child's best interest, significant progress has been made on the case plan, and there is reasonable cause to believe the child will be reunified with a parent or otherwise permanently placed during the extension.
2. Mother failed to prove by clear and convincing evidence that she had made significant progress on the case plan, so the statutory prerequisite for a first six-month extension was not satisfied.
3. Mother failed to prove by clear and convincing evidence that extending temporary custody was in P.B.'s best interest or that there was reasonable cause to believe reunification or another permanent placement would occur within six months.

Questions Presented

1. Whether the juvenile court abused its discretion by denying Mother's request for a first six-month extension of temporary custody.
2. Whether Mother proved by clear and convincing evidence that the extension was in the child's best interest, that significant progress had been made on the case plan, and that there was reasonable cause to believe the child would be reunified or otherwise permanently placed during the extension.

Disposition

affirmed