In re R.H.

Summary

The Seventh District Court of Appeals of Ohio affirmed the termination of the mother's parental rights and the award of permanent custody of R.H. to the Harrison County Department of Job and Family Services. The court held that the trial court's incorrect statement regarding reasonable reunification efforts was harmless because such efforts were not required under the applicable statutes and prior termination of parental rights. The court also concluded that the permanent-custody decision was supported by clear and convincing evidence and was not against the manifest weight of the evidence.

Holdings

1. The reasonable-efforts determination required by R.C. 2151.419(A)(1) does not apply to a hearing on a motion for permanent custody under R.C. 2151.413 and R.C. 2151.414. Because mother's parental rights had previously been involuntarily terminated as to siblings, the agency was also exempt from reasonable-efforts requirements under R.C. 2151.419(A)(2)(e) at the relevant earlier stage.
2. The judgment granting permanent custody to the agency and terminating mother's parental rights was supported by clear and convincing evidence and was not against the manifest weight of the evidence.
3. The court could not consider arguments concerning father's termination because father did not appeal and appellate counsel represented only mother.

Questions Presented

1. Whether the juvenile court erred by finding or stating that the agency had made reasonable efforts toward reunification when mother was not provided a case plan or visitation.
2. Whether the juvenile court's grant of permanent custody to the agency and termination of mother's parental rights was against the manifest weight of the evidence or an abuse of discretion.

Disposition

affirmed