In re C.F.
CourtOhio Court of Appeals
Date FiledJune 9, 2026
Docket2025CXA00119, 2025CA00120, 2025CA00121, 2025CA00122
JudgeBaldwin
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
[Cite as In re C.F., 2026-Ohio-2165.]
IN THE OHIO COURT OF APPEALS
FIFTH APPELLATE DISTRICT
STARK COUNTY, OHIO
IN THE MATTER OF: Case No. 2025CA00119
2025CA00120
C.F. (DOB: 10/17/2009) 2025CA00121
E.F. (DOB: 10/17/2009) 2025CA00122
D.F. (DOB: 12/17/2010)
K.G. (DOB: 8/5/2024) Opinion And Judgment Entry
Appeal from the Stark County Court of
Common Pleas, Family Court Division, Case
Nos. 2024 JCV00853, 2024 JCV00854, 2024
JCV00855, 2024 JCV 00897
Judgment: Affirmed
Date of Judgment Entry: June 9, 2026
BEFORE: Craig R. Baldwin; Kevin W. Popham; Robert G. Montgomery, Judges
APPEARANCES: RICHARD D. HIXSON, for Plaintiff-Appellant; BRANDON J.
WALTENBAUGH, Stark County JFS, for Defendant-Appellee.
Baldwin, P.J.
{¶1} The appellant, Mother, appeals the judgment of the Stark County Court of
Common Pleas, Family Court Division, awarding permanent custody of C.F., E.F., D.F.,
and K.G (“the children”) to the Stark County Job and Family Services Division (“the
Agency”). The appellee is the Agency.
STATEMENT OF FACTS AND THE CASE
{¶2} On October 17, 2009, C.F. and E.F. were born, on December 17, 2010, D.F.
was born, and on August 5, 2024, K.G. was born.
{¶3} On May 7, 2024, the Agency filed complaints alleging the dependency,
neglect, and/or abuse of C.F., E.F., and D.F. On the same day, the trial court granted
emergency temporary custody of them to the Agency.
{¶4} On August 1, 2024, the initial cases concerning C.F., E.F., and D.F. were
dismissed for failure to obtain service over all necessary parties. The Agency refiled its
complaints. Again, the trial court granted emergency temporary custody of them to the
Agency.
{¶5} On August 7, 2024, the Agency filed a complaint alleging the dependency of
K.G. The trial court granted the Agency temporary custody of K.G. as well.
{¶6} On August 27, 2024, the trial court found that C.F., E.F., and D.F. were
dependent and placed them in the temporary custody of the Agency.
{¶7} On September 4, 2024, the trial court found K.G. to be dependent and
placed K.G. in the temporary custody of the Agency.
{¶8} On April 4, 2025, the Agency filed motions seeking permanent custody of
all four children.
{¶9} On June 10, 2025, the Guardian ad Litem filed his final report.
{¶10} On June 16, 2025, the appellant filed motions to extend the Agency’s
temporary custody of the children.
{¶11} On June 17, 2025, the trial court held a hearing on the pending motions.
{¶12} At the hearing, Cortaise Rogers testified that he is employed by the Agency
as a caseworker assigned to this case. The Agency became involved with the family due to
an incident in April of 2024 in which E.F. was charged with domestic violence after
attempting to defend herself from Mother, and a second incident in May of 2024 in which
Mother was charged with domestic violence after holding C.F. down and attempting to
cut her shirt off. The Agency also had additional concerns regarding domestic violence
against K.G. by K.G.’s father and his presence in the home as a registered sex offender.
K.G.’s father was convicted of Unlawful Sexual Conduct with a Minor in 2021. He did not
engage with the Agency throughout the case.
{¶13} Mr. Rogers also testified that the Agency created a case plan that was
approved and adopted by the trial court. The plan initially required Mother to complete a
drug screen and a parenting evaluation, and to follow all resulting recommendations.
Mother completed a parenting evaluation through Lighthouse Family Center, and the
report was admitted into evidence. The report was generated approximately six months
after the removal of C.F., E.F., and D.F. Mr. Rogers testified regarding the contents of the
evaluation report, which reflected that Mother was not truthful about her knowledge of
K.G.’s father’s criminal history, did not accept intervention to address C.F., E.F., and
D.F.’s behavior prior to their removal, continued to express a desire to live with K.G.’s
father, and wanted to reunify only with K.G. The evaluator was concerned with Mother’s
lack of candor and desensitization to violence in the home. The evaluator also noted that
two of the older children had disclosed that a prior boyfriend of Mother had sexually
abused them after Mother had allowed him to reside in the family home. The evaluator
concluded that Mother had no insight into her unhealthy relationships, had severe anger
management deficits, and had the inclination to prioritize her romantic relationships over
her children. The evaluator diagnosed Mother with other specified personality disorder
and cannabis use disorder. The recommendations included a psychiatric evaluation,
comprehensive mental health treatment, intensive anger management, and Goodwill
Parenting classes. The evaluator did not recommend reunification if Mother continued
her relationship with K.G.’s father unless he completed case plan services and was
determined to be low risk.
{¶14} Mr. Rogers continued to testify that Mother received mental health
treatment at Ohio Guidestones and completed approximately thirty-four appointments
between March 2024 and at least June 2025. However, he testified that Mother did not
meaningfully engage in that treatment. Specifically, Mother was not forthcoming with her
counselor about the reasons for the removal of the children and took no accountability for
the removal. Mother also continued to withhold from the counselor the fact that K.G.’s
father was a registered sex offender. Mother did not complete a required psychiatric
evaluation until one month before the permanent custody hearing. Mother was not
receptive to any recommended mental health medication.
{¶15} Mr. Rogers testified that Mother completed an anger management program
through Melymbrosia, and a report detailing her involvement was admitted into evidence.
However, the treatment provider continued to have concerns about Mother’s ability to
manage her anger even after the program’s conclusion. The provider described Mother as
“manipulative” and did not believe Mother made meaningful progress due to her lack of
candor and dishonesty.
{¶16} Mr. Rogers testified that although Mother attended the Goodwill Parenting
Program, she did not successfully complete it.
{¶17} Mr. Rogers testified extensively regarding Mother’s relationship with K.G.’s
father. He testified that Mother gave each service provider a different account of when
she became aware of his sex offender status, demonstrating a lack of candor. C.F., E.F.,
and D.F. reported that Mother had shown them his court docket and was aware of his
status early in the relationship. Mr. Rogers testified that immediately upon K.G.’s father’s
release from prison, Mother began having contact with him, including permitting him to
come to her home. Mother continued to be dishonest with the Agency and service
providers about the nature and extent of that contact. Mr. Rogers testified that this
continued contact raised concerns about Mother’s ability to protect the children in the
future.
{¶18} Mr. Rogers testified that an interpreter was present during all interactions
with Mother throughout the case except when Mother specifically elected to proceed
without one during her mental health treatment. Ultimately, Mr. Rogers testified that
despite the case plan services offered to Mother, he does not believe that Mother made
meaningful changes throughout the case. At the conclusion of Mr. Rogers’s first-phase
testimony, the trial court addressed Mother’s Motion to Extend Temporary Custody and
orally denied it, stating from the bench: “[E]ach and every concern that was listed at the
outset of this case remains a concern today due in part to [the appellant’s] lack of personal
insight or willingness to change… I do not believe that allowing more time would lead to
a different result.”
{¶19} Next, Jennifer Fire testified that she is employed by Goodwill Industries as
the supervisor of the Goodwill Parenting Program and has held that position for nearly
sixteen years. She described the program as meeting four days per week, two-and-one-
half hours per day, for eleven weeks, consisting of both classroom instruction and
supervised visitation between participants and their children.
{¶20} Ms. Fire testified that Mother participated in the Goodwill Parenting
Program. A report detailing Mother’s participation was admitted into evidence. Ms. Fire
testified that Mother did not gain insight into how she could prevent her children from
being abused in the future, chose to ignore red flags regarding potential paramours, and
was not truthful regarding her knowledge of K.G.’s father’s status as a sex offender.
{¶21} Ms. Fire testified that Mother initially stated she had missed a class day due
to car trouble, but later admitted she had spent that day with K.G.’s father transferring
the title of a vehicle. Ms. Fire testified that Mother’s decision to spend a class day with
K.G.’s father was concerning.
{¶22} Ms. Fire testified that Mother was required to complete three individual
goals during the program, but that none of them were accepted because of Mother’s lack
of candor and failure to acknowledge accountability for the removal of the children. Ms.
Fire testified that C.F. refused to visit Mother during the visitation component of the
program. During visits that did occur, Mother spent the majority of her time focused
entirely on K.G. while ignoring E.F. and D.F. Ms. Fire testified that she did not believe
there was a significant bond between Mother and C.F., E.F., and D.F.
{¶23} Ultimately, Ms. Fire testified that Mother did not successfully complete the
Goodwill Parenting Program and received the second-lowest possible certification. She
attributed this result to Mother’s lack of acceptance of responsibility for the removal of
her children and her lack of meaningful change throughout the program. Ms. Fire testified
that Mother refused to discuss her relationship with K.G.’s father and yelled at the
children when they mentioned him during a supervised visit. Ms. Fire further testified
that she does not recommend that Mother reengage in the program because she does not
believe Mother will make the necessary changes.
{¶24} Mr. Rogers testified again during the hearing regarding the children’s
placements, relationships, and best interests. He testified that C.F., E.F., and D.F. were
initially placed together in the same foster home upon entering the Agency’s custody. E.F.
was subsequently placed in a kinship home in September of 2024, and had remained
there since. C.F. and D.F. were moved together to a different foster home in March of
2025 and had remained there since. K.G. had been placed in the same kinship home since
two days after his birth.
{¶25} Mr. Rogers continued regarding the condition and wellbeing of each child.
K.G.’s needs were being fully met in his kinship placement; his only medical concern was
a treatable skin condition. D.F. was described as a “really smart kid” with no special needs
who had been involved in counseling and mentoring with his foster father. C.F. was “doing
really well” in her placement, excelling in school, and participating in track and cross-
country. E.F. was also doing well in her kinship placement and excelling in school. The
children maintained sibling visitation with one another, and Mr. Rogers testified there
was no reason to believe that it would change in the future.
{¶26} Mr. Rogers testified regarding Mother’s interactions with the children
during visits. He testified that Mother was “fixated” on K.G. during visits and struggled to
appropriately interact with all of the children. He testified that E.F. “takes the brunt of
[Mother’s] anger” during visits. C.F. initially refused to visit Mother but had more recently
begun attending visits. Mr. Rogers testified that he does not believe there is a bond
between C.F. and Mother, and that the bond between E.F. and Mother is only “somewhat”
present.
{¶27} Mr. Rogers also testified regarding the wishes expressed by C.F., E.F., and
D.F. He testified that E.F. would like to return home to Mother, but “just wants to have
the best life moving forward” and “realizes that going home with Mother may not be a
possibility.” D.F. was initially upset upon learning of the prospect of permanent custody,
but by the time of the hearing stated, “I want to go home, but I like it here as well.” C.F.
had been adamant throughout the first year of the case that she did not want to return to
Mother, but her stated wishes had become “back-and-forth” in the period leading up to
the hearing. Mr. Rogers testified that C.F., E.F., and D.F. stated they were afraid of K.G.’s
father and would not want to return home if he were present. They also disclosed having
witnessed domestic violence in the home perpetrated by him.
{¶28} Mr. Rogers testified that he believes permanent custody is in the best
interests of the children, that the children would benefit from adoption, and that any
benefit would outweigh the negative impact of severing Mother’s parental rights.
{¶29} Attorney Bond offered a statement during the second phase of the hearing.
He echoed Mr. Rogers’s testimony regarding the indecisive and conditioned wishes of
C.F., E.F. and D.F. Attorney Bond recommends that permanent custody be granted to the
Agency as being in the children’s best interests.
{¶30} Mother then testified that she believes the children are bonded to her. She
denies contact with K.G.’s father after his release from prison, other than a single occasion
on which they transferred title of a vehicle. She wishes her children to be returned to her
care.
{¶31} The kinship caregiver for K.G. provided a statement at the close of the
hearing. She relocated from North Carolina to care for K.G. and is committed to ensuring
he has an “amazing life ahead of him.”
{¶32} On August 11, 2025, the trial court issued its decision denying the
appellant’s motions to extend temporary custody, granting permanent custody of the
children to the Agency, and terminating the appellant’s parental rights.
{¶33} The appellant filed a timely notice of appeal and raised the following two
assignments of error:
{¶34} “I. THE TRIAL COURT ERRED IN FINDING THAT THE MINOR
CHILDREN COULD NOT BE PLACED WITH MOTHER WITHIN A REASONABLE
PERIOD OF TIME.”
{¶35} “II. THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN
FINDING THAT PERMANENT CUSTODY WAS IN THE BEST INTEREST OF THE
MINOR CHILDREN.”
I., II.
{¶36} In her first assignment of error, the appellant argues the trial court erred in
finding that the children could not be placed with Mother within a reasonable period of
time. We disagree.
STANDARD OF REVIEW
{¶37} A trial court’s decision to grant permanent custody of a child must be
supported by clear and convincing evidence. R.C. 2151.414(B)(1). The Ohio Supreme
Court has defined “clear and convincing evidence” as “[t]he measure or degree of proof
that will produce in the mind of the trier of fact a firm belief or conviction as to the
allegations sought to be established. It is intermediate, being more than a mere
preponderance, but not to the extent of such certainty, as required beyond a reasonable
doubt, as in criminal cases.” Cross v. Ledford, 161 Ohio St. 469 (1954).
{¶38} In reviewing whether the trial court based its decision upon clear and
convincing evidence, “a reviewing court will examine the record to determine whether the
trier of facts had sufficient evidence before it to satisfy the requisite degree of proof.” State
v. Schiebel, 55 Ohio St.3d 71 (1990). If the trial court’s judgment is “supported by some
competent, credible evidence going to all the essential elements of the case,” a reviewing
court may not reverse that judgment. Schiebel at 74.
{¶39} Moreover, “an appellate court should not substitute its judgment for that of
the trial court when there exists competent and credible evidence supporting the findings
of fact and conclusions of law.” Id. Issues relating to the credibility of witnesses and the
weight to be given the evidence are primarily for the trier of fact. As the court explained
in Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984): “[t]he underlying rationale of
giving deference to the findings of the trial court rests with the knowledge that the trial
judge is best able to view the witnesses and observe their demeanor, gestures and voice
inflections, and use these observations in weighing the credibility of the proffered
testimony.” Id.
{¶40} Furthermore, deferring to the trial court on matters of credibility is “crucial
in a child custody case, where there may be much evident in the parties’ demeanor and
attitude that does not translate to the record well.” Davis v. Flickinger, 1997-Ohio-260.
{¶41} At the same time, this Court is mindful that the permanent termination of
parental rights has been characterized as “the family law equivalent of the death penalty
in a criminal case.” In re Smith, 77 Ohio App.3d 1, 16 (6th Dist. 1991). A parent’s interest
in the care, custody, and management of her child is among the most fundamental liberty
interests recognized by our legal system. Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct.
1388, 71 L.Ed.2d 599 (1982). The right to raise a child has been described as an “essential”
and “basic” civil right. In re Murray, 52 Ohio St.3d 155, 157, (1990), quoting Stanley v.
Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972).
ANALYSIS
R.C. 2151.414(B)(1)(a) Finding
{¶42} R.C. 2151.414(B)(1) provides that a trial court may grant permanent custody
to a public children services agency if it determines by clear and convincing evidence that
(1) it is in the best interest of the child, and (2) any one of the enumerated threshold
circumstances exists. The trial court found that R.C. 2151.414(B)(1)(a) applied—
determining that the children are not abandoned or orphaned and cannot be placed with
Mother within a reasonable time or should not be so placed.
{¶43} R.C. 2151.414(E) sets forth the factors a trial court must consider in making
the reasonable-time determination under R.C. 2151.414(B)(1)(a). If the court determines
by clear and convincing evidence that one or more of those factors exist as to a parent, it
shall enter a finding that the child cannot or should not be placed with that parent within
a reasonable time. A finding as to any single enumerated factor is independently sufficient
to support the threshold determination.
{¶44} Mother contends that because she attended the services prescribed by her
case plan, including mental health counseling, anger management, and the Goodwill
Parenting Program, the trial court erred in concluding she could not be reunified within
a reasonable time. She further argues that the eight-month duration of the Agency’s
temporary custody of the Older Children prior to the filing of the permanent custody
motions warranted additional time rather than a permanent disposition. We disagree.
{¶45} Mother’s argument conflates attendance with achievement. Ohio law has
long recognized that the mere completion of the technical requirements of a case plan,
absent the underlying behavioral and attitudinal change the plan is designed to produce,
does not compel reunification. See In re D.B., 2024-Ohio-1873, ¶64 (5th Dist.). What R.C.
2151.414(E)(1) asks is whether, notwithstanding reasonable case planning and diligent
agency efforts, the parent has substantially remedied the conditions that caused removal.
The statute expressly directs the court to consider “parental utilization of medical,
psychiatric, psychological, and other social and rehabilitative services.” R.C.
2151.414(E)(1). “Where a parent has participated in his or her case plan and completed
most or all of the plan requirements, a trial court may still properly determine that such
parent has not substantially remedied the problems leading to agency involvement.” Id.
{¶46} The record contains clear and convincing evidence supporting the trial
court’s findings under R.C. 2151.414(E)(1), (E)(4), and (E)(14), any one of which
independently supports the threshold finding.
{¶47} R.C. 2151.414(E)(1) states:
Following the placement of the child outside the child’s home and
notwithstanding reasonable case planning and diligent efforts by the agency
to assist the parents to remedy the problems that initially caused the child
to be placed outside the home, the parent has failed continuously and
repeatedly to substantially remedy the conditions causing the child to be
placed outside the child’s home. In determining whether the parents have
substantially remedied those conditions, the court shall consider parental
utilization of medical, psychiatric, psychological, and other social and
rehabilitative services and material resources that were made available to
the parents for the purpose of changing parental conduct to allow them to
resume and maintain parental duties.
{¶48} The conditions that caused the removal of these children centered on three
interrelated concerns: (1) Mother’s commission of domestic violence against her own
children; (2) Mother’s inability to protect her children from dangerous individuals she
invited into the home, including a convicted sex offender; and (3) Mother’s complete
absence of insight into these patterns and their impact on her children. At the conclusion
of the permanent custody hearing, each of those conditions remained unremedied.
{¶49} Every service provider who testified expressed continued concern about
Mother’s capacity to protect her children. Mr. Rogers testified that Mother did not engage
meaningfully with mental health treatment, was not forthcoming with her counselor
about the reasons for removal and was not receptive to psychiatric medication. The anger
management provider found Mother “manipulative” and did not believe she made
genuine progress due to dishonesty throughout the program. Ms. Fire testified that
Mother received the second-lowest possible certification from the Goodwill Parenting
Program—not because she failed to appear, but because she refused to accept any
responsibility for her children’s removal, refused to discuss her relationship with K.G.’s
father, and was observed yelling at the children when they mentioned him during a
supervised visit. The parenting evaluator concluded, as reflected in both the report
admitted into evidence and Mr. Rogers’s testimony, that Mother had no insight into her
unhealthy relationships, had severe anger management deficits, and had the inclination
to prioritize her romantic relationships over her children. The trial court’s oral ruling
encapsulates this evidentiary record with precision: “[E]ach and every concern that was
listed at the outset of this case remains a concern today due in part to [the appellant’s]
lack of personal insight or willingness to change * * * I do not believe that allowing more
time would lead to a different result.”
{¶50} R.C. 2151.414(E)(4) states, “[T]he parent has demonstrated a lack of
commitment toward the child by failing to regularly support, visit, or communicate with
the child when able to do so, or by other actions showing an unwillingness to provide an
adequate permanent home for the child[.]”
{¶51} The parenting evaluator expressly recommended against reunification if
Mother continued her relationship with K.G.’s father unless he completed case plan
services and was assessed to be low risk. Neither occurred. Yet Mr. Rogers testified that
immediately upon K.G.’s father’s release from prison, Mother resumed contact with him,
permitted him to come to her home, and continued thereafter to provide inconsistent and
contradictory accounts to the Agency and each service provider regarding the nature and
extent of that contact. C.F., E.F., and D.F. reported that Mother had shown them his court
docket, undercutting her claim of ignorance as to his status. Ms. Fire testified that Mother
missed a class day to spend time with K.G.’s father transferring the title of a vehicle and
was not truthful about it until confronted. The continuation of this relationship in the face
of documented risk to these children—and the accompanying pattern of sustained
deception across every service provider—constitutes clear and convincing evidence of an
unwillingness to provide an adequate and safe permanent home.
{¶52} R.C. 2151.414(E)(14) states, “[T]he parent for any reason is unwilling to
provide food, clothing, shelter, and other basic necessities for the child or to prevent the
child from suffering physical, emotional, or sexual abuse or physical, emotional, or mental
neglect.” Mr. Rogers testified that two of the children had already disclosed prior sexual
abuse by a former boyfriend of Mother whom she had permitted to reside in the family
home. Rather than demonstrating heightened vigilance in response to those disclosures,
Mother continued an intimate relationship with a man convicted of Unlawful Sexual
Conduct with a Minor, allowed him to live in the home with her children prior to removal,
and immediately resumed contact with him upon his release from prison. The trial court
did not abuse its discretion in finding that this sustained pattern of conduct demonstrated
an unwillingness to prevent her children from suffering further abuse.
{¶53} We address briefly Mother’s argument regarding the eight-month timeline.
Mother is correct that the children had been in the Agency’s temporary custody for fewer
than twelve months before the permanent custody motions were filed. However, no
minimum period of Agency custody is required before a motion may be filed under R.C.
2151.414(B)(1)(a). The twelve-month threshold Mother implicitly relies upon applies
exclusively to the separate pathway established by R.C. 2151.414(B)(1)(d), which was not
the basis for the trial court’s decision this case. The relevant statutory inquiry is not
whether sufficient time has elapsed, but whether any of the R.C. 2151.414(E) factors are
established by clear and convincing evidence. They were.
{¶54} Upon review of the entire record, we find that the trial court had before it
clear and convincing evidence to support each required finding under R.C.
2151.414(B)(1)(a) and R.C. 2151.414(E).
Best-Interest Finding
{¶55} R.C. 2151.414(D)(1) directs the trial court to consider all relevant factors
when determining whether permanent custody serves a child’s best interest, including but
not limited to: (a) the interaction and interrelationship of the child with parents, siblings,
relatives, foster caregivers, and any other person who may significantly affect the child;
(b) the wishes of the child as expressed directly or through the GAL; (c) the custodial
history of the child; (d) the child’s need for a legally secure permanent placement and
whether such placement can be achieved without a grant of permanent custody; and (e)
whether any of the factors in R.C. 2151.414(E)(7) through (11) apply. No single factor is
accorded greater weight than the others. In re Schaefer, 2006-Ohio-5513, ¶ 56.
{¶56} Mother contends that permanent custody was not in the children’s best
interest, pointing principally to the bond between Mother and the children, the expressed
ambivalence of C.F., E.F., and D.F. toward permanent custody, the brief duration of
Agency custody, and the availability of less-restrictive dispositional alternatives including
a planned permanent living arrangement (PPLA) for C.F., E.F., and D.F. Upon
examination of each statutory factor in light of the record presented at the hearing, we
find the trial court’s determination was supported by competent and credible evidence
satisfying the clear and convincing standard.
{¶57} Factor (a) — Interactions and Interrelationships. Mother testified
that she believes the children are bonded to her, and this Court acknowledges that the
Agency’s own witnesses made statements consistent with some degree of attachment
between Mother and the children. We do not discount the significance of the parent-child
relationships. However, the testimony of record paints a considerably more complicated
picture than Mother’s characterization suggests.
{¶58} Mr. Rogers testified that C.F. refused to visit Mother for a substantial
portion of the case. During visits that did occur, Mother was observed to focus almost
exclusively on K.G. while largely ignoring E.F. and D.F. Mr. Rogers testified that E.F.
“takes the brunt of [Mother’s] anger” during visits. Mr. Rogers testified that he does not
believe a meaningful bond exists between C.F. and Mother, and characterized the bond
between E.F. and Mother as only “somewhat” present. Ms. Fire, who observed Mother
during eleven weeks of supervised visitation in the Goodwill Program, independently
testified that she did not believe a significant bond existed between Mother and C.F., E.F.,
and D.F.
{¶59} By contrast, the record reflects that each child had developed meaningful
relationships in their respective placements. Mr. Rogers testified that D.F. had “really
taken under his foster father’s wing” and was engaged in counseling and mentoring. C.F.
was excelling academically and participating in athletics. E.F. was performing well in her
kinship placement. K.G., who had never resided with Mother outside a facility, had been
placed with the same kinship family since two days after his birth, with caregivers who
relocated from out of state to provide his care. This factor, considered on the whole record,
weighs in favor of permanent custody.
{¶60} Factor (b) — Wishes of the Children. Mother points to C.F., E.F., and
D.F.’s expressed ambivalence about permanent custody as evidence that the disposition
was not in their best interests. The record reflects, however, that the children’s wishes
were neither uniform nor static, and must be understood in context.
{¶61} Mr. Rogers testified that E.F. would like to return home to Mother, but “just
wants to have the best life moving forward” and “realizes that going home with Mother
may not be a possibility.” D.F. expressed both a wish to return home and contentment
with his current placement, stating: “I want to go home, but I like it here as well.” C.F. had
been adamant throughout the first year of the case that she did not want to return to
Mother, though her stated wishes became “back-and-forth” in the period approaching the
hearing. Critically, Mr. Rogers testified that C.F., E.F., and D.F. were afraid of K.G.’s
father and stated unequivocally that they would not return home if he were present. C.F.,
E.F., and D.F. also disclosed having witnessed domestic violence perpetrated by him
within the home. Given that Mother demonstrated an unwillingness to permanently sever
her relationship with K.G.’s father, any wish to return home was necessarily conditioned
upon a circumstance the record established was not likely to materialize.
{¶62} Attorney Bond, who had direct access to the children throughout the
pendency of the case and was charged with representing their interests, independently
recommended that permanent custody be granted as being in the children’s best interests.
Attorney Bond’s recommendation, considered alongside the conditioned and contextually
qualified nature of the children’s stated wishes, does not support Mother’s position.
{¶63} Factor (d) — Need for Legally Secure Permanent Placement. Mr.
Rogers testified that permanent custody is in the best interests of the children and that
the benefit of adoption would outweigh the negative impact of severing Mother’s parental
rights. The trial court, having denied Mother’s Motions to Extend Temporary Custody on
the record with the finding that additional time would not lead to a different result, and
having heard testimony from every service provider expressing continued concern about
Mother’s capacity to protect her children, determined that a legally secure permanent
placement could not be achieved without a grant of permanent custody. All four children
required permanency. As to K.G., who had no established relationship with Mother, the
need was especially acute. As to C.F., E.F., and D.F., who had experienced domestic
violence, exposure to a convicted sex offender, prior sexual abuse, and significant
placement disruption, stability and legal permanency were urgent concrete needs that a
further extension of temporary custody could not adequately address.
{¶64} On these facts and on this record, the trial court’s determination that
granting the Agency permanent custody was in the children’s best interests was supported
by competent and credible evidence satisfying the clear and convincing standard.
{¶65} Factor (e) — Applicable Factors Under R.C. 2151.414(E)(7)-(11).
We note that Mother’s domestic-violence-related conduct arising from the incident
involving C.F., as reflected in the complaint filed by the Agency and as described in Mr.
Rogers’s testimony, is relevant to the broader best-interest analysis. Beyond that specific
conviction, the history of domestic violence within the home, the prior sexual abuse of
two of the children by a previous boyfriend of Mother as described in the parenting
evaluation and Mr. Rogers’s testimony, and the recurring pattern of dangerous intimate
relationships reinforce the urgency of permanent placement for these children.
{¶66} Having examined the record under each factor set forth in R.C.
2151.414(D)(1), we conclude that the trial court had before it clear and convincing
evidence that the grant of permanent custody was in the best interest of all four minor
children. The combined weight of the children’s demonstrated need for stable and legally
secure permanent placement, the fragile or nonexistent bonds between Mother and the
children as described by the Agency’s witnesses, the conditioned and contextually
qualified wishes of the children, the independent recommendation of the Guardian ad
Litem, and the absence of any realistic prospect of reunification within a reasonable time
fully supports the trial court’s best-interest determination. No abuse of discretion has
been demonstrated.
{¶67} The appellant’s first and second assignments of error are overruled.
CONCLUSION
{¶68} For the foregoing reasons, the judgment of the Stark County Court of
Common Pleas, Family Court Division, is affirmed.
{¶69} Costs assessed to the appellant.
By: Baldwin, P.J.
Popham, J. and
Montgomery, J. concur.