Summary
The Ohio Court of Appeals for the Fifth Appellate District affirmed the termination of S.F.'s parental rights and the grant of permanent custody of A.F. and R.F. to the Stark County Department of Job and Family Services. The court held that the children had been in temporary custody for at least 12 of 22 consecutive months and that permanent custody was in their best interests. The court also rejected the mother's claim that the children were entitled to independent counsel, finding no plain error in the trial court's failure to appoint counsel.
Holdings
- The trial court properly granted permanent custody to SCJFS because the children had been in temporary custody for at least 12 months of a consecutive 22-month period, appropriate kinship placements were unavailable or unsuitable, reunification with mother was not in the children's best interests, and the decision was supported by competent, credible evidence.
- The juvenile court did not commit plain error by failing to appoint independent counsel for the children.
Questions Presented
- Whether the juvenile court erred by failing to appoint independent counsel for the minor children.
- Whether the juvenile court's finding that permanent custody was in the children's best interests was supported by the evidence and was not against the manifest weight of the evidence.
Disposition
affirmed
Cases Cited (11)
- In re Z.C., 2023-Ohio-4703, ¶ 11(followed)
- Bryan-Wollman v. Domonko, 2007-Ohio-4918, ¶ 3(followed)
- State v. Thompkins, 78 Ohio St.3d 380, 386 (1997)(followed)
- State v. Martin, 20 Ohio App.3d 172, 175 (1st Dist. 1983)(followed)
- Eastley v. Volkman, 2012-Ohio-2179(followed)
- Seasons Coal Co., 10 Ohio St.3d 77, 80 (1984)(followed)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279, 280-281 (1978)(followed)
- In re C.W., 2004-Ohio-6411, ¶ 22(followed)
- In the Matter of A.S., V.S., and Z.S., 2013-Ohio-4018 (5th Dist.)(followed)
- Matter of L.G., 2021-Ohio-743, ¶ 36 (5th Dist.)(followed)
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Cited In (0)
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Court Document
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