In re J.E.

2022-Ohio-2403 (Ohio Ct. App. 2022) · Ohio Court of Appeals, Ninth Judicial District · July 13, 2022 · No. C.A. No. 30174

Summary

The Ohio Ninth District Court of Appeals affirmed an award of legal custody of J.E. to the child’s maternal grandmother. The court held that the custody decision was supported by the child’s best interests and was not against the manifest weight of the evidence. It also rejected the father’s argument that Summit County Children Services failed to make reasonable reunification efforts.

Holdings

  1. The award of legal custody to Grandmother was not against the manifest weight of the evidence because the evidence supported the juvenile court's determination that placement with Grandmother, with J.E. remaining in the specialized intermediate-care facility, was in J.E.'s best interest.
  2. The juvenile court correctly found that CSB used reasonable efforts to prevent J.E.'s continued removal and to make reunification with Father possible.

Questions Presented

  1. Whether the juvenile court abused its discretion or otherwise erred by awarding legal custody of J.E. to Grandmother.
  2. Whether the juvenile court erred in finding that CSB used reasonable efforts to prevent J.E.'s continued removal and to reunify the child with Father.

Disposition

affirmed

Cases Cited (13)

  • In re M.F., 9th Dist. Lorain No. 15CA010823, 2016-Ohio-2685, ¶ 7(followed)
  • Eastley v. Volkman, 132 Ohio St.3d 328, 2012-Ohio-2179, ¶¶ 20-21(followed)
  • In re K.H., 9th Dist. Summit No. 27952, 2016-Ohio-1330, ¶ 12(followed)
  • In re B.B., 9th Dist. Lorain No. 15CA010880, 2016-Ohio-7994, ¶ 18(followed)
  • In re N.P., 9th Dist. Summit No. 21707, 2004-Ohio-110, ¶ 23(followed)
  • In re B.G., 9th Dist. Summit No. 24187, 2008-Ohio-5003, ¶ 9(followed)
  • In re T.A., 9th Dist. Summit No. 22954, 2006-Ohio-4468, ¶ 17(followed)
  • In re B.C., 9th Dist. Summit Nos. 26976 and 26977, 2014-Ohio-2748, ¶ 16(followed)
  • In re K.A., 9th Dist. Lorain Nos. 15CA010850 and 15CA010860, 2017-Ohio-1, ¶ 17(followed)
  • In re T.B.-W., 9th Dist. Summit No. 27544, 2015-Ohio-992, ¶ 15(followed)

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