In re M.Y.

Summary

The Sixth District Court of Appeals of Ohio affirmed the Lucas County Juvenile Division’s judgment terminating the mother’s parental rights and awarding permanent custody of M.Y. and J.Y. Jr. to Lucas County Children Services. The court upheld findings that the children could not or should not be placed with the mother within a reasonable time and that permanent custody was in their best interests, based on the mother’s inconsistent counseling, housing and safety concerns, and failure to substantially remedy the conditions leading to removal.

Holdings

1. A finding under R.C. 2151.414(B)(1)(d) is an independent and sufficient basis for satisfying the first statutory requirement for an award of permanent custody. Because mother did not challenge the trial court's finding that the children had been in LCCS's temporary custody for 12 or more months of a consecutive 22-month period, the award was properly affirmed without addressing the alternative R.C. 2151.414(B)(1)(a) and (E)(1) findings.
2. The trial court correctly found under R.C. 2151.414(B)(1)(d) that the children had been in LCCS's temporary custody for 12 or more months of a consecutive 22-month period, and that finding supported the award of permanent custody.

Questions Presented

1. Whether the trial court's award of permanent custody to Lucas County Children Services was against the manifest weight of the evidence.
2. Whether the trial court's finding under R.C. 2151.414(E)(1), that mother continuously and repeatedly failed to substantially remedy the conditions causing the children's removal, was against the manifest weight of the evidence.
3. Whether the trial court's undisputed finding under R.C. 2151.414(B)(1)(d), that the children had been in agency custody for 12 or more months of a consecutive 22-month period, independently supported the award of permanent custody.

Disposition

affirmed