In re C.C.
CourtOhio Court of Appeals
Date FiledJune 4, 2026
Docket115746, 115815
JudgeLaster Mays
StatusPublished
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Full Opinion
[Cite as In re C.C., 2026-Ohio-2089.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE C.C. :
A Minor Child : Nos. 115746 and 115815
[Appeal by Mother and Father] :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: June 4, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. AD23913851
Appearances:
Edward F. Borkowski, for appellant Father.
David S. Bartos, for appellant Mother.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee.
ANITA LASTER MAYS, J.:
In this consolidated appeal, Mother and Father of C.C., a minor child,
appeal the judgment of the Cuyahoga County Court of Common Pleas, Juvenile
Division (“juvenile court’), that granted permanent custody of their minor child
(“C.C.”) to the Cuyahoga County Department of Children and Family Services
(“CCDCFS” or “agency”).1 After a thorough review of the record, we affirm the
judgment of the juvenile court.
I. Procedural History
On December 12, 2023, CCDCFS filed a motion for predispositional
temporary custody and a complaint alleging that C.C. was dependent and requested
temporary custody. C.C. was immediately placed in the emergency custody of
CCDCFS. In March 2024, C.C. was found to be dependent and placed in temporary
custody of CCDCFS. On December 27, 2024, the order of temporary custody was
extended.
On May 19, 2025, CCDCFS filed a motion to modify temporary
custody to permanent custody. On July 21, 2025, Mother filed a second extension
of temporary custody or for custody to James Stamper maternal grandfather
(“Grandfather”). Trial was scheduled for August 4, 2025, but rescheduled for
October 9, 2025. Trial was held on October 9, 2025, after which the juvenile court
received written closing arguments from all of the parties. On October 15, 2025, the
juvenile court journalized an order that denied a second extension of temporary
custody, terminated the parental rights of Mother and Father, and placed C.C. in the
permanent custody of CCDCFS. On October 24, 2025, Father filed his notice of
appeal. On November 7, 2025, Mother filed her notice of appeal.
1 Appeals filed in Nos. 115746 and 115815 were consolidated for the sole purpose of
disposition in a single opinion. See motion Nos. 594585 and 594638.
II. Facts
At trial, testimony was presented from Aailay Salters, a child-
protection specialist employed by CCDCFS; Anne Christensen, foster parent of C.C.;
and James Stamper, maternal grandfather of C.C., and a report was filed with the
juvenile court by Thomas Kozel, guardian ad litem (“GAL”) for C.C.
A. Testimony of Aailay Salters
CCDCFS became involved after the birth of C.C. because Mother and
Father did not have appropriate housing or appropriate means of support, Mother
has developmental delays and an older sibling was removed from Mother’s care and
her parental rights were terminated. Tr. 22. An attempt was made to identify
relatives as caregivers for C.C., but no relatives were found to be appropriate for
C.C.’s care. Tr. 22, 23, CCDCFS trial exhibit No. 6. C.C. was placed in a foster home
and has been in the same foster home since December 2023. Tr. 23-24. A case plan
was developed with the goal of reunification with Mother. Tr. 25. The case plan
included services to address Mother’s issues with parenting, mental health, and
housing. Tr. 25. Although referred to parenting services through Community
Collaborative and Beech Brook, Mother failed to demonstrate or achieve sufficient
benefit from the services. Tr. 25-26. Following a complete mental-health analysis
through Murtis Taylor, it was determined that Mother did not possess any mental-
health issues, but that Mother did possess cognitive-related issues. Tr. 27.
Mother was referred to the Cuyahoga County Board of Developmental
Disabilities (“CCBDD”) for assistance with her cognitive issues. Tr. 27-28. CCBDD
attempted to assist Mother with her cognitive and housing issues for over one and a
half years, but Mother attended only two meetings. Mother had been living with her
father on occasion but left her father’s home and lived with a friend and then a
cousin at the time of trial. Tr. 32-33. Mother had not established a permanent
residence at the time of trial. Tr. 33.
Mother has attended weekly supervised visits with C.C. for nearly two
years. Tr. 35, 46, and 49. Mother, during her visits with C.C., required direction
and guidance to ensure that C.C.’s needs were properly met. Tr. 35-36. Mother still
fails to recognize that C.C. requires attention and that only after direction did
Mother react to the needs of C.C. Tr. 37-39. CCDCFS could not recommend
increased visitation or the lessening of visitation restrictions by Mother and that
visits with C.C. were not improving. Tr. 39-40. Reunification was not contemplated
at the time of trial. Tr. 39-40. Mother’s ability to safely care for C.C., even during a
two-hour visit with supervision, was concerning because Mother failed to respond
to C.C.’s harmful conduct such as forcefully banging his head against a wall. Tr. 40-
41, 78-80. C.C.’s grandfather attended visits, but he never changed C.C.’s diaper or
fed him. Tr. 72.
C.C. possesses special physical needs that require him to wear ankle
braces, a helmet, and he also receives occupational, physical, and speech therapy.
Tr. 41-43. Mother and grandfather attended only 3 of 100 therapy sessions. Tr. 44-
45, 62, 100, 101, and 103. C.C.’s foster parents take him to his weekly therapy
appointments and have also renovated their home to allow for his specialized
physical needs. Tr. 44, 61. C.C. has strongly bonded with the foster parents.
Since the first extension of temporary custody to CCDCFS, Mother
has failed to make any significant progress in achieving the goals of the case plan.
Tr. 66-68. Over a period of two years and two months, Mother has not made any
progress on plan goals that would justify a second extension of temporary custody
to CCDCFS. Tr. 68. Permanent custody of C.C. to CCDCFS is warranted because
the Mother and Father, or any other family member, cannot provide C.C. with basic
needs, medical needs, and the safety he requires. Tr. 69. Father is not capable of
providing care for C.C. at this time or in the reasonable future. Tr. 69. Father has
not resolved any of the case plan goals, has not engaged in and completed parenting
classes, has not completed substance abuse programs, has not completed anger
management classes, and has not obtained appropriate and safe housing. Tr. 69-
70. Father of C.C. did not see him in 2025, because he is incarcerated. Tr. 59.
B. Testimony of Anne Christensen
Anne Christensen is one of the foster parents for C.C. and testified
that she has cared for him since he was four days old. Tr. 93. C.C. has developmental
issues and requires occupational, physical, and speech therapy. Tr. 94. C.C. has
been exposed to the foster parent’s extended family and is a very happy baby. Tr. 99.
C.C. is strongly bonded to his foster parents and their extended family. Tr. 99-100.
The foster parents take C.C. to his weekly occupational, physical, and speech
therapy. Tr. 44, 61. The foster parents have extensively renovated their home to
accommodate C.C., and his special needs. Tr. 44, 61.
C. Testimony of James Stamper
James Stamper (“Grandfather”), the maternal grandfather of C.C.,
testified that he has resided in Cleveland, in a rental duplex, for three years. Tr. 107-
108. The duplex contains two bedrooms. Tr. 108. Mother of C.C. is the youngest of
five children. Tr. 108. Grandfather has 14 grandchildren. Tr. 109. Grandfather is
employed as a coordinator for Spectrum Cable and has been employed by Spectrum
Cable for 28 years. Tr. 110. Grandfather plans on retiring in four years. Tr. 110.
Grandfather works Monday through Friday, 7 a.m. to 4 p.m. Tr. 110. Grandfather
would visit with C.C. once a week but has discontinued visits because C.C. is afflicted
with hand, foot, and mouth disease as well as pink eye. Tr. 110-111.
Grandfather visits with C.C. every Friday from 10 a.m. to 12 p.m. after
taking vacation time. Tr. 111. If granted legal custody of C.C., Grandfather would
arrange his work schedule to allow him to for take C.C. to appointments. Tr. 111.
Grandfather has necessary financial resources to care for C.C. Tr. 112. Mother has
lived with Grandfather since C.C.’s birth. Tr. 112. Mother no longer lives with
Grandfather, but lives with her Aunt Maria. Tr. 113. Other family members have
lived in Grandfather’s home that includes Mother, son-in-law and another
grandchild. Tr. 113. CCDCFS has not inspected the inside of Grandfather’s home.
Tr. 115. Grandfather has reliable transportation. Tr. 117. Initially, Grandfather
indicated to CCDCFS that he was too old to care for C.C., but he changed his mind
and indicated a willingness to care for C.C. Tr. 117-118.
At this point in time, Mother is unable to care for C.C. unsupervised
because of her mental, physical, and emotional state. Tr. 119. Grandfather has close
relatives that can assist with the care of C.C. Tr. 125. Grandfather is aware of C.C.’s
medical issues, including the need to wear a helmet and ankle braces. Tr. 126. C.C.
does not have any relationships with Grandfather’s close relatives. Tr. 127.
D. Written Guardian ad Litem Report of Thomas Kozel
Thomas Kozel, the GAL for C.C., submitted a written report to the
juvenile court that indicated C.C. was unable to express his wishes because he was
too young. Tr. 133. GAL interviewed CCDCFS employee Salters, Mother, Father,
foster parents, and Grandfather. R. 187, GAL Report, pg. 1. GAL recommended that
C.C. be placed in the permanent custody of CCDCFS. R. 187, GAL Report, pg. 1.
The CCDCFS complaint for temporary custody and termination of parental rights is
based upon concerns as to Mother’s and Father’s housing and parenting; concerns
for Mother’s cognitive delays; the removal of another child that is in the custody of
children services in Erie County, PA; the fact that Father has not established
paternity; and the fact that Father has substance abuse for alcohol. R. 187, GAL
Report, pg. 1. Mother has failed to benefit from parenting classes or benefit from
classes for her cognitive delays. R. 187, GAL Report, pg. 1. Mother has no mental
health issues but does suffer from cognitive delay that affects her ability to care for
C.C. R. 187, GAL Report, pg. 1. Mother needs to obtain housing, and CCDCFS is
concerned that Mother will continue to require assistance in caring for C.C. because
of her cognitive delays. R. 187, GAL Report, pg. 2.
C.C.’s father is homeless and stays in his truck or with friends. R. 187,
GAL Report, pg. 3. Father has been charged in Lorain County, Ohio, with two counts
of illegal use of a minor or impaired person in nudity-oriented material or
performance and plead guilty to both offenses. R. 187, GAL Report, pg. 3. Father
has made no progress with regard to the case plan, anger management, substance
abuse, housing or parenting. R. 187, GAL Report, pg. 2. Father visited C.C. four
times in 2024.
C.C. has been placed in a two-parent foster home. R. 187, GAL
Report, pg. 3. The home of the foster parents has four bedrooms, and C.C. has his
own bedroom. R. 187, GAL Report, pg. 3. C.C. is growing and gaining weight.
R. 187, GAL Report, pg. 3. C.C. receives physical therapy, occupational therapy, and
speech therapy. R. 187, GAL Report, pg. 3. Mother is not involved in C.C.’s therapy.
R. 187, GAL Report, pg. 3.
Grandfather has indicated that he could not care for C.C. and that he
was hoping for another relative to obtain legal custody of C.C. R. 187, GAL Report,
pg. 4. Grandfather denied GAL access to his home. R. 187, GAL Report, pg. 4. GAL
recommended C.C. be placed in the permanent custody of CCDCFS based upon
(1) Mother’s cognitive delays; (2) Mother is unable to provide for herself; (3) C.C.’s
special needs will require extensive attention; (4) Mother has not attended any
therapy sessions; and (5) Father has a criminal record, has not engaged in any
services, and has not visited C.C. R. 187, GAL Report, pg. 4.
E. The Juvenile Court’s Decision
On October 14, 2025, the trial court’s journalized judgment entry
denied Mother’s motion for second extension of temporary custody and Mother’s
alternate motion for legal custody to maternal grandfather and granted CCDCFS’s
motion for permanent custody, terminating Mother’s and Father’s parental rights.
Mother appealed (Appeal No. 115815), raising the following three
assignments of error:
1. The trial court committed prejudicial error in denying the appellant’s
second motion to extend temporary custody of the child where
appellant had shown significant progress in her parenting abilities with
the child during her visits and the extension would serve the child’s best
interest.
2. The CCDCFS failed to prove that reasonable efforts were made to
reunify the child with appellant where the parenting coach referred to
appellant only appeared once during two years of visits and the agency
made no effort to rectify that failure, to the appellant’s prejudice.
3. The trial court’s decision to grant permanent custody of the
appellant’s [child] to the CCDCFS was not supported by clear and
convincing evidence and thus was not supported by the manifest
weight and sufficiency of the evidence.
Father also appealed (Appeals No. 115746), raising one assignment of
error:
The trial court abused its discretion by granting permanent custody of
Appellant’s [child] to CCDCFS against the manifest weight of the
evidence.
III. Permanent Custody
A. Mother’s First Assignment of Error
Mother, through her first assignment of error, argues that the juvenile
court erred by failing to grant Mother’s second motion for extension of temporary
custody. “A trial court’s decision to grant or deny an extension of temporary custody
to the agency is discretionary.” In re B.M.M., 2020-Ohio-4956, ¶ 11 (11th Dist.). “An
appellate court reviews a trial court’s decision to grant or deny an extension of
temporary custody is for an abuse of discretion.” In re C.S., 2015-Ohio-5244, ¶ 8
(9th Dist.). A court abuses its discretion when exercising its judgment, in an
unwarranted way, in regard to a matter over which it has discretionary authority. In
re A.G., 2026-Ohio-268, ¶ 9 (8th Dist.).
R.C. 2151.415(D)(2), that deals with the extension of temporary custody,
provides that
[t]he court may extend the temporary custody order of the child for an
additional period of up to six months if it determines at the hearing, by
clear and convincing evidence, that the additional extension is in the
best interest of the child, there has been substantial additional progress
since the original extension of temporary custody in the case plan of the
child, there has been substantial additional progress since the original
extension of temporary custody toward reunifying the child with one of
the parents or otherwise permanently placing the child, and there is
reasonable cause to believe that the child will be reunified with one of
the parents or otherwise placed in a permanent setting before the
expiration of the additional extension period.
The juvenile court had previously granted a first extension of
temporary custody. R. 138. Salters, a child-protection specialist employed by
CCDCFS, testified that Mother has not shown any progress that justified a second
extension based upon reunification. Tr. 67-68. In addition, the juvenile court
specifically found that Mother had not made substantial progress on her case plan,
as required by R.C. 2151.415(D)(2), and thus a second extension of temporary
custody was not in the best interest of the child. R. 221. In re A.N., 2026-Ohio-939,
¶ 52 (8th Dist.); In re A Minor Child, 2019-Ohio-4788, ¶ 44 (8th Dist.). We find
Mother’s first assignment of error not well taken.
B. Mother’ Second Assignment of Error
Mother, through her second assignment of error, argues that CCDCFS
did not make reasonable efforts to reunite C.C. with Mother. A review of the record
clearly indicates that the juvenile court found that reasonable efforts were made to
reunite C.C. with Mother: (1) at the time of initial removal of C.C. from Mother’s
custody and predispositional temporary custody awarded to CCDCFS in December
2023, R. 5; (2) at the time temporary custody was awarded to CCDCFS in March
2024, R. 98; and (3) at the time when the first extension of temporary custody
extension was granted in December 2024, R. 138. Further, the record demonstrates
that sufficient testimony was adduced at trial to support the juvenile court’s finding
that reasonable efforts were made to reunite C.C. and Mother. Tr. 25-29, 33-36. The
failure of Mother to follow the case plan developed for her and other failures of
Mother to obtain stable housing and treat her developmental issues cannot be
employed to argue that reasonable efforts were not made by CCDCFS to provide for
reunification. See In re Ky.D., 2024-Ohio-3198 (8th Dist.). Mother’s second
assignment of error is not well taken.
C. Mother’s Third Proposed Assignment of Error and Father’s
Sole Assignment of Error.
Having a common basis in law and fact, we shall consider Mother’s
third assignment of error and Father’s sole assignment of error simultaneously.
Mother, through her third assignment of error, argues that the
juvenile court’s judgment that terminated her parental rights and granted
permanent custody of C.C. to CCDCFS, is against the manifest weight of the evidence
and not supported by sufficient evidence. Father, through his sole assignment of
error, argues that the termination of his parental rights and the award of permanent
custody to CCDCFS is against the manifest weight of the evidence.
1. First Prong – R.C. 2151.414(B)
The Supreme Court of Ohio has stated “that the sufficiency-of-the
evidence and/or manifest-weight-of-the-evidence standards of review are the
proper appellate standards of review of a juvenile court’s permanent-custody
determination, as appropriate depending on the nature of the arguments that are
presented by the parties.” In re Z.C., 2023-Ohio-4703, ¶ 11. Although sufficiency
and manifest weight are distinct legal concepts, a finding that a judgment is
supported by the manifest weight of the evidence necessarily includes a finding that
sufficient evidence supports the judgment. In re R.M. , 2024-Ohio-1885, ¶ 46 (8th
Dist.); In re P.S., 2023-Ohio-144, ¶ 30 (8th Dist.), citing In re C.N., 2015-Ohio-2546,
¶ 9 (10th Dist.), citing State v. Howze, 2013-Ohio-4800, ¶ 10. (10th Dist.).
When reviewing for manifest weight, the appellate court must weigh
the evidence and all reasonable inferences, consider the credibility of
the witnesses, and determine whether, in resolving conflicts in the
evidence, the finder of fact clearly lost its way and created such a
manifest miscarriage of justice that the judgment must be reversed and
a new trial ordered. [Eastley v. Volkman, 2012-Ohio-2179, ¶ 20.] “In
weighing the evidence, the court of appeals must always be mindful of
the presumption in favor of the finder of fact.” Id. at ¶ 21. “The
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.” Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80,
461 N.E.2d 1273 (1984). “‘If the evidence is susceptible of more than
one construction, the reviewing court is bound to give it that
interpretation which is consistent with the verdict and judgment, most
favorable to sustaining the verdict and judgment.’” Id. at fn. 3, quoting
5 Ohio Jurisprudence 3d, Appellate Review, Section 603, at 191-192
(1978).
In re Z.C. at ¶ 14.
In order to terminate parental rights and grant permanent custody to
a county agency, the record must demonstrate by clear and convincing evidence the
following: (1) the existence of one of the conditions set forth in
R.C. 2151.414(B)(1)(a) through (e), and (2) permanent custody is in the best interest
of the child. In re S.H., 2012-Ohio-4064, ¶ 27 (8th Dist.). “Clear and convincing
evidence” is that quantum of evidence that instills in the trier of fact a firm belief or
conviction as to the allegations sought to be established.” In re Y.V., 2011-Ohio-
2409, ¶ 13 (8th Dist.), quoting Cross v. Ledford, 161 Ohio St. 469, 477 (1954).
When determining the child’s best interest pursuant to
R.C. 2151.414(D)(1), courts analyze the following factors: (1) the interaction and
interrelationship of the child with others; (2) the wishes of the child; (3) the
custodial history of the child; (4) the child’s need for a legally secure placement and
whether such a placement can be achieved without permanent custody; and
(5) whether any of the factors in divisions R.C. 2151.414(E)(7) to (11) apply.
The initial requirement in considering permanent custody to
CCDCFS involves whether any of the conditions under R.C. 2151.414(B)(1)(a)
through (e) have been established. Herein, the juvenile court found that pursuant
to R.C. 2151.414(B)(1)(d), C.C. had been in the custody of CCDCFS for 12 or more
months of a consecutive 22-month period. R. 221, Tr. 24, Tr. 61. “Only one of the
factors must be present to satisfy the first prong of the two-part analysis for granting
permanent custody to an agency.” In re D.H., 2022-Ohio-2780 ¶ 27 (8th Dist.),
citing In re L.W., 2017-Ohio-657, ¶ 28 (8th Dist.).
In addition, the juvenile court, in the judgment that terminated
Mother’s and Father’s parental rights, found that multiple factors under
R.C. 2151.414(E) were present that prevented placement with Mother and Father:
The Court finds by clear and convincing evidence that the child cannot
be placed with one of the child’s parents within a reasonable time or
should not be placed with either parent, pursuant to O.R.C.
2151.414(E):
(1) 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(s) (Mother
and Father) have failed continuously and repeatedly to substantially
remedy the conditions causing the child to be placed outside the child’s
home.
(2) The chronic mental illness, chronic emotional illness, intellectual
disability, physical disability, or chemical dependency of the parent
(Mother) that is so severe that it makes the parent unable to provide an
adequate permanent home for the child at the present time and, as
anticipated, within one year.
(4) The 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.
(10) The parent (Father) has abandoned the child.
(11) The parent (Mother) has had paternal rights involuntarily
terminated with respect to a sibling of the child pursuant to this section
or section 2151.353 or 2151.415 of the Ohio Revised Code, or under an
existing or former law of this state, any other state, or the United States
that is substantially equivalent to those sections, and the parent has
failed to provide clear and convincing evidence to prove that,
notwithstanding the prior termination, the parent can provide a legally
secure permanent placement and adequate care for the health, welfare,
and safety of the child. See Exhibit 6.
(13) The parent (Father) is repeatedly incarcerated, and the repeated
incarceration prevents the parent from providing for the child.
(14) The 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.
(16) Any other factor the Court finds relevant: Father’s criminal
convictions as evidenced in Exhibits 9, 11, 12, 13, 14-15).
(Emphasis in original.) In re C.C., Cuyahoga J.C. No. AD23913851 (Oct. 14, 2025).
Clear and convincing evidence supports the juvenile court’s findings
under R.C. 2151.414(B)(1)(a) and 2151.414(B)(1)(d). The first prong of the
termination of parental rights analysis has been met.
2. Second Prong – Best Interest of the Child
Pursuant to the second prong of R.C. 2151.414, the juvenile court must
then consider the factors contained in R.C. 2151.414(D) to determine, by clear and
convincing evidence, whether it is in the best interest of the child to grant permanent
custody to CCDCFS.
The juvenile court, in determining the best interest of C.C. under
R.C. 2151.414(D)(1), is required to consider all relevant factors, including but not
limited to (1) the interaction and interrelationship of the child with the child’s
parents, siblings, relatives, foster parents, and out-of-home providers, and any other
person who may significantly affect the child; (2) the wishes of the child as expressed
directly by the child or through the child’s guardian ad litem; (3) the custodial
history of the child; (4) the child’s need for a legally secure placement and whether
that type of placement can be achieved without a grant of permanent custody to the
agency; and (5) whether any factors in R.C. 2151.414(E)(7) through (11) are
applicable.
The juvenile court is required to consider each of the
R.C. 2151.414(D)(1) factors in making its permanent-custody determination;
however, “[t]here is not one element that is given greater weight than the others
pursuant to the statute.” In re Schaefer, 2006-Ohio-5513, ¶ 56. Moreover, only one
factor needs to be resolved in favor of permanent custody in order to find that
permanent custody is in the child’s best interest. In re S.C., 2015-Ohio-2410, ¶ 30
(8th Dist.), citing In re Moore, 2000 Ohio App. LEXIS 3958 (8th Dist. Aug. 31,
2000), citing In re Shaeffer Children, 85 Ohio App.3d 683 (3d Dist. 1993).
R.C. 2151.414(D)(1) does not require a juvenile court to expressly
discuss each of the best-interest factors in R.C. 2151.414(D)(1)(a) through (e).
“Consideration is all the statute requires.” In re A.M., 2020-Ohio-5102, ¶ 31. As
previously stated, only one factor needs to be resolved in favor of permanent custody
in order to find that permanent custody is in the child’s best interest. In re M.C.,
2026-Ohio-1051, ¶ 41 (8th Dist.).
Herein, the juvenile court considered the following factors under
R.C. 2151.414(D)(1) and indicated that
(a) The interaction and interrelationship of the child with the child’s
parents, siblings, relatives, and foster caregivers and out-of-home
providers, and any other person who may significantly affect the child.
The child has the strongest bond with his caregivers. While mother
and maternal grandfather visit with the child, and the parties agree
that they love the child, the testimony shows that it doesn’t appear to
affect the child when he has to leave the visits and that he appears to
be more attached to the caregivers. Additionally, Mother’s exhibits,
and the testimony of the case worker, shows the child having more of
an attachment to the caseworker and seeking comfort from her when
sad as opposed to seeking comfort from mother or grandfather. Child
does not interact much with or have a bond with father.
(b) The wishes of the child, as expressed directly by the child or through
the child’s guardian ad litem, with due regard for the maturity of the
child. The child is too young to express his wishes. GAL recommends
permanent custody.
(c) The custodial history of the child, including whether the child has
been in temporary custody of a public children services agency or
private child placing agency under one or more separate orders of
disposition for twelve or more months of a consecutive twenty-two
month period. The child has been in Agency custody for the past 22
months, since he was four days old.
(d) The child’s need for a legally secure permanent placement and
whether that type of placement can be achieved without a grant of
permanent custody. The child deserves a safe, stable, and secure home
environment where all of his basic needs and medical needs can be
met and he can thrive. This cannot be achieved with either parent as
the cause for removal has not been remedied (see the E factors found
below). The child has been in the Agency’s custody for two years and
throughout this time, maternal grandfather has repeatedly indicated
that he cannot care for the child, he has not made his home available
for the Agency to investigate and approve, and has not made his home
available for the GAL to see. Additionally, maternal grandfather’s
testimony shows that he does not have an understanding of the child’s
medical needs and how to care for those needs, and based on his
testimony, his home does not seem appropriate and safe for the child.
(e) Whether any factors in divisions (E)(7) to (11) of this section apply
in relation to the parents and the child. (E)(10) and (11) apply.
(Emphasis in original.) In re: C.C., Cuyahoga J.C. No. AD23913851 (Oct. 14, 2025).
The juvenile court considered the evidence and testimony adduced at
the parental rights termination hearing. Specifically, the juvenile court opined that
with respect to the best interest of C.C., the following were considered: (1) C.C. has
the strongest bond with the foster parents; (2) the GAL recommends permanent
custody to CCDCFS; (3) C.C. has been in the Agency custody for more than 22
months, since he was four days old; (4) C.C. requires a safe, stable, and secure
environment where his basic and medical needs can be met; (5) maternal
grandfather has indicated, over a two-year period, that he cannot care for C.C.;
(6) maternal grandfather does not possess an understanding of C.C.’s medical
needs; (7) Mother and Father failed continuously and repeatedly to substantially
remedy the conditions causing C.C. to be placed in the temporary custody of
CCDCFS; (8) Mother has an intellectual disability that makes it impossible to
provide an adequate permanent home for C.C.; (9) Father has abandoned C.C.;
(10) Father is repeatedly incarcerated that prevents proper care for C.C.; and
(11) Mother has had parental rights terminated with respect to a sibling of C.C.
The juvenile court’s judgment granting permanent custody of C.C. to
CCDCFS demonstrates that it considered the factors contained in
R.C. 2151.414(D)(1), and the juvenile court’s findings are supported by sufficient
competent, credible evidence. In re M.M., 2024-Ohio-1885, ¶ 14 (8th Dist.). We
further find that the judgment of the juvenile court, that terminated the parental
rights of Mother and Father and awarded permanent custody of C.C. to CCDCFS,
was not against the manifest weight of the evidence. In re A.H., 2026-Ohio-467, ¶ 7
(8th Dist.); In re. T.F., 2025-Ohio-5051, ¶28 (8th Dist.). Mother’s third assignment
of error and Father’s sole assignment of error are overruled.
Judgment affirmed.
It is ordered that appellee recover from appellants costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court, juvenile division, to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule
27 of the Rules of Appellate Procedure.
____________________________
ANITA LASTER MAYS, JUDGE
LISA B. FORBES, P.J., and
EMANUELLA D. GROVES, J., CONCUR