In re A.P.

Summary

The Fifth District Court of Appeals of Ohio affirmed the Guernsey County Juvenile Division's order granting Guernsey County Children Services permanent custody of three children. The court held that clear and convincing evidence supported the statutory twelve-of-twenty-two-month custody ground and the determination that permanent custody was in the children's best interests, based on the mother's continued methamphetamine use, unstable housing, noncompliance with services, and inability to provide a legally secure placement.

Holdings

1. The trial court properly found under R.C. 2151.414(B)(1)(d) that the children had been in the Agency's temporary custody for twelve or more months of a consecutive twenty-two-month period.
2. The juvenile court's determination that permanent custody with Guernsey County Children Services was in the best interests of the children was supported by clear and convincing evidence.
3. The appellate court must affirm a permanent-custody judgment when some competent, credible evidence supports all essential elements and satisfies the clear-and-convincing-evidence standard.

Questions Presented

1. Whether the juvenile court's finding that the children had been in the Agency's temporary custody for twelve or more months of a consecutive twenty-two-month period was supported by clear and convincing evidence.
2. Whether the juvenile court's determination that permanent custody with the Agency was in the children's best interests was supported by clear and convincing evidence.

Disposition

affirmed