In re A.J.

2014-Ohio-2734 (Ohio Ct. App. 2014) · Ohio Court of Appeals, Tenth Appellate District · June 24, 2014 · No. Nos. 13AP-864 and 13AP-865

Summary

The Ohio Tenth District Court of Appeals affirmed judgments terminating the parental rights of R.J. and granting Franklin County Children Services permanent custody of A.J. and C.D. The court held that the agency timely filed a motion under R.C. 2151.415(A), continuing the temporary-custody order, and that competent, credible evidence supported the finding that permanent custody was in the children's best interests.

Holdings

  1. The temporary-custody order did not terminate because FCCS timely filed a motion for termination of temporary custody and protective supervision more than 30 days before the October 28, 2008 sunset date. That motion was one of the motions listed in R.C. 2151.415(A), and it continued temporary custody until disposition.
  2. The award of permanent custody to FCCS was supported by competent, credible evidence and was in the best interests of A.J. and C.D.

Questions Presented

  1. Whether FCCS's September 10, 2008 motion for termination of temporary custody and protective supervision was timely under R.C. 2151.415(A) and therefore continued temporary custody beyond the statutory sunset date.
  2. Whether competent, credible evidence supported the juvenile court's determination that awarding FCCS permanent custody was in A.J.'s and C.D.'s best interests.

Disposition

affirmed

Cases Cited (14)

  • In re Young Children, 76 Ohio St. 3d 632, 637, 669 N.E.2d 1140 (1996)(followed)
  • In re A.W., 2008-Ohio-718, ¶ 8 (Ohio Ct. App. 2008)(followed)
  • Troxel v. Granville, 530 U.S. 57, 65 (2000)(followed)
  • In re Murray, 52 Ohio St. 3d 155, 157, 556 N.E.2d 1169 (1990)(followed)
  • In re Cunningham, 59 Ohio St. 2d 100, 106, 391 N.E.2d 1034 (1979)(followed)
  • In re E.G., 2007-Ohio-3658, ¶ 8 (Ohio Ct. App. 2007)(followed)
  • In re Harmon, 4th Dist. No. 00CA2694 (Sept. 25, 2000)(followed)
  • In re Wise, 96 Ohio App. 3d 619, 624 (9th Dist. 1994)(followed)
  • In re K.J.D., 2013-Ohio-610, ¶ 7 (Ohio Ct. App. 2013)(followed)
  • In re H.D., 2014-Ohio-228, ¶ 16 (Ohio Ct. App. 2014)(followed)

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