In re G.C. & O.R.

Summary

The Second District Court of Appeals of Ohio affirmed a juvenile court judgment granting Miami County Child Protective Services permanent custody of O.R. The court held that the father failed to rebut the statutory presumption of abandonment after having no contact with the child for more than 90 days and that no due process violation was established. The court also concluded that the permanent-custody determination was supported by clear and convincing evidence and was in O.R.'s best interest.

Holdings

1. When a party fails to object to a magistrate's decision, appellate review is generally waived except for plain error, and relief is unavailable absent plain error.
2. The juvenile court did not plainly err in finding that Father abandoned O.R. because he failed to visit or maintain contact with her for more than ninety days, and the record did not show that the lack of contact was caused by CPS, Mother, or a due process violation.
3. The juvenile court did not plainly err in granting permanent custody of O.R. to CPS because clear and convincing evidence supported the statutory permanent-custody and best-interest findings.

Questions Presented

1. Whether the juvenile court plainly erred in finding that Father abandoned O.R. under R.C. 2151.011(C) when he failed to visit or maintain contact with her for more than ninety days.
2. Whether alleged communications or fraud by Mother, or CPS's suspension of visitation, deprived Father of procedural due process.
3. Whether the juvenile court's finding that permanent custody to CPS was in O.R.'s best interest was supported by clear and convincing evidence and was not against the manifest weight or sufficiency of the evidence.

Disposition

affirmed