In re X.R.
CourtOhio Court of Appeals
Date FiledJuly 23, 2026
Docket115920
JudgeCalabrese
StatusPublished
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Full Opinion
[Cite as In re X.R., 2026-Ohio-2825.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE X.R., ET AL. :
No. 115920
Minor Children :
[Appeal by C.H., Mother] :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: July 23, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case Nos. AD-24-909172 and AD-25-907936
Appearances:
Caitlin E. Monter, for appellant.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee.
DEENA R. CALABRESE, J.:
Appellant C.H. (“Mother”) appeals the dispositional orders of the
Cuyahoga County Court of Common Pleas, Juvenile Division (“juvenile court”), that
terminated her parental rights and awarded permanent custody of two of her four
children, L.H. (d.o.b. 6/29/2010) and X.R. (d.o.b. 9/21/2021) (collectively “the
children”), to appellee the Cuyahoga County Department of Children and Family
Services (“CCDCFS”). For the reasons stated below, we affirm the juvenile court’s
orders.
I. Relevant Facts and Procedural History
This appeal involves Mother and two of her four children, X.R. and L.H.
Mother and her children have a history of involvement with CCDCFS with issues
surrounding domestic violence and sexual abuse. L.H. is Mother’s oldest child and
X.R. is her youngest child. Mother’s two middle children reside in Michigan with
their father, A.W. A.W. is also the father of X.R. L.H.’s alleged father is deceased.
A.W. was present at the dispositional hearing, and his appeal is a companion case to
Mother’s appeal. See In re X.R., 8th Dist. Cuyahoga No. 115955.
A. L.H.
L.H. was previously removed from Mother’s care in 2023 because of
allegations that he sexually abused another child in the home. He was adjudicated
dependent and placed in the temporary custody of CCDCFS. In July 2025, L.H. was
reunified with Mother, and CCDCFS was granted protective supervision. Two weeks
later, L.H. was removed from Mother’s custody by law enforcement after Mother’s
brother, C.H. (“Uncle”), abused his own children in the presence of Mother and L.H.
On August 13, 2025, CCDCFS filed a complaint alleging L.H. is an abused and
dependent child with a dispositional request for permanent custody, and a motion
for predispositional temporary custody. On the same day, the trial court granted the
motion for predispositional temporary custody. A case plan was filed, and Mother’s
case-plan goals included completing services related to parenting, domestic
violence, mental health, and family preservation. On November 4, 2025, L.H. was
adjudicated an abused and dependent child.
B. X.R.
On September 9, 2024, CCDCFS filed a complaint alleging that X.R. is
an abused and neglected child. The complaint alleged that X.R. witnessed domestic
violence and was injured by Mother’s husband, S.B.S., during a domestic-violence
incident while the family was in Michigan. The complaint further alleged that
Mother “refused to take appropriate measures or make alternative arrangements for
the continued safety of her child.” On September 10, 2024, the juvenile court
granted CCDCFS’s motion for predispositional temporary custody. A case plan was
filed with the permanency plan of reunification. Mother’s case-plan goals were to
complete services related to parenting, domestic violence, mental health, and to
maintain basic needs.
On December 4, 2024, X.R. was adjudicated an abused and neglected
child and placed in the temporary custody of CCDCFS. On July 17, 2025, CCDCFS
filed a motion for a first extension of temporary custody. In the motion, CCDCFS
asserted that Mother had completed domestic-violence counseling, but that there
were ongoing concerns as to whether Mother had benefited from those services. On
August 27, 2025, CCDCFS filed a motion to amend the motion for a first extension
of temporary custody to a motion to modify temporary custody to permanent
custody to CCDCFS.
C. The Permanent-Custody Hearing
On November 4, 2025, the juvenile court held a dispositional hearing
on CCDCFS’s dispositional request for permanent custody of L.H. and CCDCFS’s
motion to modify temporary custody to permanent custody of X.R. The juvenile
court held L.H.’s adjudicatory hearing immediately prior to the dispositional
hearing for both children. Testimony and evidence submitted for the adjudication
of L.H. was incorporated into the dispositional hearing without objection. In the
adjudicatory hearing for L.H. and the dispositional hearing, the juvenile court heard
testimony from case worker Re’Gine Wells (“Wells”), Officer Thomas Brady (“Ofc.
Brady”), therapist Kathryn Conners (“Conners”), supervisor Jacqueline Petraglia
(“Petraglia”), and Mother’s sister, S.H., and heard the recommendation from the
guardian ad litem, Ashley Lockemer (“the GAL”). The relevant testimony and
evidence presented at the hearings were as follows.
D. CCDCFS’s Witnesses
1. Re’Gine Wells
Wells testified that she is a CCDCFS ongoing sex abuse case worker. She
was first assigned to the case during L.H.’s initial placement in CCDCFS custody.
CCDCFS became involved with the other children in the family after
X.R. was injured during the domestic-violence incident with S.B.S. in Michigan.
CCDCFS scheduled a staffing for the family after the Michigan incident. Mother
appeared at the staffing and reported that she had taken the three youngest children,
including X.R., to Michigan to stay with maternal grandmother. At that point,
CCDCFS initiated a plan for all three children to be placed with maternal
grandmother on a safety plan. However, maternal grandmother transferred care of
the middle two children to their father, A.W., without CCDCFS’s knowledge or
consent. Mother later brought X.R. back to her home in Ohio and refused to allow
him to be placed outside her home on a safety plan. This led to CCDCFS filing the
complaint requesting removal of X.R. from Mother’s care.
In addition to the Michigan incident where X.R. was injured, Wells
indicated that Mother reported other domestic-violence incidents involving S.B.S.
Mother and S.B.S. were involved in several domestic-violence incidents in the
presence of the three youngest children while Mother and S.B.S. were still married.
Mother divorced from S.B.S. after X.R. was removed from her care. After the
divorce, Mother reported that she was afraid of S.B.S. and that he would come to her
home unannounced even after a protection order was in place. Mother also reported
that she was engaged in a domestic-violence incident with S.B.S. in June 2025 while
L.H. was present. During that incident, Mother opened the door to retrieve an
Amazon package and S.B.S. attacked her. As a result, S.B.S. was indicted and
Mother and L.H. spent approximately one month in a domestic-violence shelter.
Wells noted that Mother gave differing versions of the June 2025 incident to her and
to law enforcement.
Wells further testified that Mother allowed Uncle, his wife (“Aunt”),
and their four children (“Cousins”) to move into the home she shared with L.H. after
they were evicted. Wells advised Mother that allowing Uncle and his family to move
into the home was a poor decision because CCDCFS still had concerns about
domestic violence and because L.H. had previously committed acts of sexual abuse
against a younger child. Prior to moving into Mother’s home, Uncle had a
substantial CCDCFS history that indicated a propensity for violence. Wells stated
there were several CCDCFS investigations where Uncle was the perpetrator of abuse
against children in Mother’s home, including a prior incident where he physically
abused Mother’s child. On August 8, 2025, Mother told Wells that Uncle and his
family were not residing with her, which Wells later learned was untrue. Later that
day, Mother and L.H. were present in the home when Uncle committed acts of
physical abuse on his own children. Mother did not intervene and later told Wells
she did not intervene because she was afraid and locked herself in her room.
Wells also testified that although Mother completed case-plan
services, Mother did not benefit from the services. Wells testified that the case plan
required Mother to maintain housing and basic needs, and to complete services
regarding mental health, parenting, and domestic-violence concerns. The goal of
the case-plan services was to address Mother’s victimization, decision-making skills,
and parenting skills. Mother completed the services but continued to have
domestic-violence incidents in her home and in the presence of the children.
Mother was involved in four domestic-violence incidents between August 2024 and
August 2025. In addition, Wells stated that Mother responded to the August 8, 2025
domestic-violence incident in her home in the same manner that she had responded
to previous domestic-violence incidents. Those responses included not being
truthful about the incident, not cooperating with law enforcement, minimalization
of the concerns, and poor decision-making and parenting skills.
Mother did not visit the children consistently. In the month preceding
the dispositional hearing, Mother missed three visits with X.R. and left early from
one visit. She gave various reasons for missing visits, including reporting that she
was concerned for her own safety because of S.B.S., that she left early because she
had an appointment, or she simply missed appointments without explanation.
Mother was also inconsistent with visits and contact with L.H. Wells
stated that when L.H. was previously in CCDCFS custody, Mother indicated she did
not wish to pursue reunification with him and did not make efforts to visit him.
Mother indicated this was because of her own trauma. When L.H. returned to
CCDCFS custody in this case, Mother initially indicated she only wished to pursue
reunification with X.R. and again did not make efforts to visit L.H. She indicated
this was because she had concerns about his inappropriate behavior. Mother has
had one virtual visit and a few phone calls with L.H. since his second removal from
her home. L.H. reported to Wells that he called Mother often, and that she usually
stated she was busy, she would be asleep, or she would not answer the call. Only
after CCDCFS filed a complaint pursuing a disposition of permanent custody did
Mother express an interest in reunification with L.H.
Wells gave several reasons for her concern of X.R.’s safety in Mother’s
home. She stated that even though X.R. was not present during the August 8, 2025
incident with Uncle, the incident raised concerns about his safety if he was to be
returned to the home. Mother had a history of allowing violent people into the
home. X.R. was removed from the home because of a domestic-violence incident,
and a child his age was hurt during the August 8, 2025 incident. Wells further noted
that X.R. was young and not able to protect himself.
Wells testified that efforts were made to place both children with
family members. Mother provided names of her relatives, but they each proved to
be unwilling to take the children or were found to be inappropriate placements.
X.R.’s father established paternity while the case was pending. As a result, X.R.’s
paternal grandmother was identified late in the case as a possible placement.
CCDCFS was still investigating X.R.’s paternal grandmother as a potential
placement.
Wells testified that both children had a bond with Mother. Mother
would do L.H.’s hair, and they would watch movies together, go on walks, and ride
around in the car. L.H. wanted to have contact with Mother and see her; however,
he also expressed concerns about Mother not being honest. X.R. was always excited
to see Mother and their interactions were appropriate.
2. Officer Thomas Brady
Ofc. Brady testified that he is employed with the Cuyahoga
Metropolitan Housing Authority police. On August 8, 2025, he responded to the
call that an assault had occurred at Mother’s home. When Ofc. Brady arrived at
Mother’s home, she initially indicated that no domestic-violence incident had taken
place and reported that Uncle was not inside the home. After a search of the home,
Uncle was found in an upstairs bedroom. Mother later reported to Ofc. Brady that
Uncle struck his child with a belt. She also stated that the child later vomited and
refused to eat, leading Mother to tell Uncle and Aunt that the child required
emergency medical care. An ambulance was called several hours after the incident.
Ofc. Brady learned that a camera was installed in Mother’s living room. Mother
voluntarily turned over video from the living room camera (“the video”). The video
will be discussed in further detail below.
E. Mother’s Witnesses
1. Kathryn Conners
Kathryn Conners (“Conners”) testified that she is a behavioral health
therapist at The Centers for Families (“The Centers”). She is Mother’s second
therapist at The Centers and has provided therapy for Mother since December 2024.
Mother booked 37 therapy sessions with The Centers and missed six of those
sessions. Typically, Mother schedules two sessions per month; however, some
months she only schedules one session. Mother has been diagnosed with
posttraumatic stress disorder (“PTSD”). Their sessions focus on increasing Mother’s
ability to regulate her emotions by working on her tolerance skills, effective
communication skills, mindfulness, and grounding. Mother has made progress on
these skills since she started therapy because her anxiety and depressive symptoms
have decreased. Mother completed phase 1 of eye movement desensitization and
reprocessing (“EMDR”) therapy. EMDR consists of eight phases and phases three
through seven take the longest. Conners stated that the improvement in Mother’s
ability to regulate her emotions should result in an improvement in decision making.
The therapy sessions have not addressed skills such as keeping children safe in the
home or reacting to domestically violent situations.
2. Jacqueline Petraglia
Petraglia testified that she is an in-home supervisor for Family
Preservation at Applewood Centers (“Applewood”). She had been working with
Mother for the eight months prior to the dispositional hearing. During that time,
Mother attended 38 appointments. At Applewood, Mother was diagnosed with
bipolar disorder, anxiety, and PTSD. Mother’s therapy goals were to process
trauma, learn to set healthy boundaries, safety planning, learn appropriate
communication skills with children, and reacclimate to having the children in the
home.
3. S.H.
S.H. testified that she is Mother’s sister. She resides in Michigan with
her own three children and was unemployed at the time of the hearing. S.H. testified
that she expressed an interest in being a placement for both L.H. and X.R. in the
August staffing, but she never heard from Wells or anyone at CCDCFS. S.H. was
told that L.H. could not be placed with her because she has a young daughter.
F. GAL Recommendation
On October 28, 2025, the GAL filed a report and recommendation and
placed her recommendation on the record at the conclusion of the dispositional
hearing. The GAL noted that both children were bonded with Mother and that L.H.
expressed that he wished to return to Mother’s home. For each case, the GAL
recommended that temporary custody with CCDCFS was in the children’s best
interest. She recommended that placement of X.R. with a relative should be
explored further and that L.H. complete the program at the residential treatment
facility where he was placed. As the basis for her recommendation, the GAL stated
that Mother was working on her case-plan objectives and that “the person that
inflicted the violence in August has had an opportunity to get his kids back with
temporary custody, so [she] believe[d] that [M]other should have an opportunity to
work on her case plan objectives and get her kids back.”
G. The Video
Both CCDCFS and Mother admitted excerpts taken from the video of
the incident that occurred on August 8, 2025, in Mother’s living room.
CCDCFS admitted Exhibits 7-A, B, and C showing three separate
excerpts from the video. Ofc. Brady identified the individuals in the excerpts as
Mother, L.H., Uncle, Aunt, and Cousins. In the first excerpt, Uncle’s older child is
seen standing on one leg facing a wall with both arms raised straight up in the air.
Uncle strikes an individual that is off screen with a kitchen towel then scolds that
individual. In the second excerpt, Uncle is seen scolding his older child while she
continues to stand on one leg facing the wall with arms raised. Then he strikes her
with the kitchen towel causing her to fall, firmly seizes her by the wrist, and
forcefully pulls her and propels her across the room. The child is crying and visibly
terrified. Mother is seen walking across the room and calmly retrieving her phone
from Uncle. She does not react to Uncle’s abuse or the child’s distress. In the last
excerpt, the older child is still standing on one leg facing the wall with arms held
high. Uncle is seen striking the older child and the off-screen individual with a
kitchen towel. He also strikes his older child across the face with the kitchen towel,
then forcefully propels her across the room by her arm a second time. The entire
time he is scolding the children.
Mother admitted a different portion of the video as defense Exhibit G.
In this video, two children are standing on one leg facing the wall with arms held
high. Ofc. Brady identified the two children as Uncle’s children. Uncle is pacing
with a belt in his hand and scolding both children. Mother confronts Uncle and says
“you didn’t have to hit her that hard” repeatedly. She also is seen inspecting the
children’s torsos and arms and takes the belt from Uncle. Then she tells Uncle that
he left welt marks on the children with the belt and a bruise on the older child’s neck.
Uncle continues to scold the children and threatens to hit the older child in the face
as he clenches his fist in a threatening manner.
H. The Decision
On November 21, 2025, the juvenile court issued journal entries in
each case terminating Mother’s parental rights and granting permanent custody of
L.H. and X.R. to CCDCFS.
Mother’s appeal followed. She raises the following single assignment
of error for our review:
The trial court erred and abused its discretion when it found by clear
and convincing evidence that X.R. and L.H. could not be placed with
their mother within a reasonable time or should not be placed with
mother.
II. Law and Analysis
In her sole assignment of error, Mother argues that the juvenile court’s
orders granting permanent custody of the children to CCDCFS are against the
manifest weight of the evidence and are not supported by sufficient evidence.
A juvenile court’s decision to grant permanent custody is reviewed
under a manifest-weight-of-the-evidence and/or sufficiency-of-the-evidence
standard. In re H.G., 2024-Ohio-3408, ¶ 13 (8th Dist.), citing In re Z.C., 2023-Ohio-
4703, ¶ 11. In this case, Mother’s argument demands both manifest-weight-of-the-
evidence and sufficiency-of-the-evidence review.
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,
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.
“When applying a sufficiency-of-the-evidence standard, an appellate
court should affirm a trial court when the evidence is legally sufficient to support the
factfinder’s determination as a matter of law.” In re D.D., 2026-Ohio-1973, ¶ 64
(8th Dist.), citing In re Z.C. at ¶ 13. “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 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.).
The juvenile court’s standard of proof when conducting permanent-
custody proceedings is clear and convincing evidence. See R.C. 2151.414(B)(1).
Clear and convincing evidence is “that measure or degree of proof which is more
than a mere ‘preponderance of the evidence’ but not to the extent of such certainty
required ‘beyond a reasonable doubt’ in criminal cases, and which will produce in
the mind of the trier of facts a firm belief or conviction as to the facts sought to be
established.” In re A.M., 2024-Ohio-1168, ¶ 15 (8th Dist.), quoting In re Awkal, 95
Ohio App.3d 309, 315 (8th Dist. 1994), citing Lansdowne v. Beacon Journal Pub.
Co., 32 Ohio St.3d 176 (1987).
A. L.H.
In L.H.’s case, CCDCFS filed a complaint for permanent custody. A
complaint with an original dispositional request for permanent custody must meet
two statutory requirements before ordering that a child be placed in the permanent
custody of a children’s services agency. In the first statutory requirement, the
juvenile court determines whether “in accordance with division (E) of section
2151.414 of the Revised Code 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.” See
R.C. 2151.353(A)(4). In the second statutory requirement, the juvenile court
determines whether, in accordance with R.C. 2151.414(D)(1), that the permanent
commitment is in the best interest of the child. Id.
B. X.R.
In X.R.’s case, CCDCFS filed a motion to modify temporary custody to
permanent custody. There are also two statutory requirements before ordering that
a child be placed in the permanent custody of a children’s services agency pursuant
to a motion for permanent custody. First, the juvenile court must find the existence
of one of the five conditions listed in R.C. 2151.414(B)(1)(a)-(e). Once the trial court
has determined that any one condition exists, it then must determine by clear and
convincing evidence that permanent custody is in the best interest of the child
pursuant to R.C. 2151.414 (D). In re Z.C., 2023-Ohio-4703, at ¶ 7.
For the first prong in the analysis of X.R.’s case, the relevant
subsection under R.C. 2151.414(B)(1) is as follows:
(a) The child is not abandoned or orphaned, has not been in the
temporary custody of one or more public children services agencies
or private child placing agencies for twelve or more months of a
consecutive twenty-two-month period, or has not been in the
temporary custody of one or more public children services agencies
or private child placing agencies for twelve or more months of a
consecutive twenty-two-month period if, as described in division
(D)(1) of section 2151.413 of the Revised Code, the child was
previously in the temporary custody of an equivalent agency in
another state, and the child cannot be placed with either of the
child’s parents within a reasonable time or should not be placed
with the child’s parents.
In X.R.’s case, the juvenile court made a R.C. 2151.414(B)(1)(a) finding
that X.R. “cannot be placed with either of the child’s parents within a reasonable
time or should not be placed with the child’s parents.” This finding was made
pursuant to R.C. 2151.414(E). Mother disputes the juvenile court’s finding that X.R.
could not or should not be placed with a parent within a reasonable time. The
juvenile court’s R.C. 2151.414(E) findings regarding X.R. will be discussed below.
C. R.C. 2151.414(E) Findings
In both cases, the juvenile court made findings that the children could
not be placed with Mother within a reasonable time or should not be placed with
Mother pursuant to R.C. 2151.414(E)(1), (4), (14), and (16). Mother challenges the
juvenile court’s findings and its determination.
R.C. 2151.414(E) provides, in relevant part, as follows:
If the court determines, by clear and convincing evidence, at a hearing
held pursuant to division (A) of this section or for the purposes of
division (A) (4) of section 2151.353 of the Revised Code that one or
more of the following exist as to each of the child’s parents, the court
shall enter a finding that the child cannot be placed with either parent
within a reasonable time or should not be placed with either parent:
(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 has failed
continuously and repeatedly to substantially remedy the conditions
causing the child to be placed outside the child’s home.
...
(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;
...
(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 considers relevant.
“[A] court need only find that one of the R.C. 2151.414(E) factors
applies to support a finding that a child cannot or should not be placed with her
parent.” In re E.W., 2025-Ohio-5052, ¶ 38 (8th Dist.).
The juvenile court found that multiple R.C. 2151.414(E) factors were
present in L.H.’s case. The juvenile court’s findings are as follows:
(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 has failed
continuously and repeatedly to substantially remedy the conditions
causing the child to be placed outside the child’s home. While mother
has engaged in and completed some case plan services, she has not
benefitted and continues to make inappropriate decisions.
(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. Mother’s
decision making and inconsistencies in visitation with the child.
Testimony showed that in the child’s prior removal, mother stopped
communicating with the child. Since the child’s removal in this case
and the date of trial, Mother has indicated to the Agency that she did
not want reunification, she has not visited in person with the child,
they have had 1 virtual visit and a few phone calls, and sometimes
when the child calls mother, she does not answer.
(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. The child has been exposed to multiple
domestically violent incidents in the home.
(16) Any other factor the Court finds relevant: Mother has two other
children who were removed from her care by CCDCFS and placed
with maternal grandmother in Michigan through a safety plan.
Grandmother violated the safety plan by giving the kids to their father
in Michigan, where the children remain today. The serious nature of
the abuse on the child’s sibling and cousins, as well as the continued
exposure to abuse in the home, makes the child’s placement with the
mother a threat to the child’s safety.
(Emphasis in original.)
The juvenile court found that multiple R.C. 2151.414(E) factors were
present in X.R.’s case. Those findings are as follows:
(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 has failed
continuously and repeatedly to substantially remedy the conditions
causing the child to be placed outside the child’s home. While mother
has engaged in and completed some case plan services, she has not
benefitted and continues to make inappropriate decisions.
(4) The parent (Father and Mother) 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. Mother’s decision making and inconsistencies in visitation
with the child.
(10) The parent (Father) has abandoned 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. Mother continues to have domestically
violent incidents in her home, which the child’s sibling was exposed to.
(16) Any other factor the Court finds relevant: Mother has two other
children who were removed from her care by CCDCFS and placed
with maternal grandmother in Michigan through a safety plan.
Grandmother violated the safety plan by giving the kids to their father
in Michigan, where the children remain today. The serious nature of
the abuse on this child, as well as the continued exposure to abuse in
the home, makes the child’s placement with the mother a threat to the
child’s safety.
(Emphasis in original.)
The juvenile court did not err when it found that X.R. and L.H. could
not or should not be placed with Mother within a reasonable time. The record
reveals that although Mother has completed case-plan services, she continues to
make inappropriate decisions. For example, she allowed Uncle and his family to
move into her home even after CCDCFS advised against it and after Uncle previously
abused Mother’s child in her home. In addition, although Mother asserts she
intervened when Uncle abused his child in her presence, a review of the videos
shows that her intervention came after significant abuse had already taken place.
When law enforcement responded after the domestic-violence incident, Mother
initially denied that Uncle was still in the home and that the incident occurred. L.H.
was present during this incident. These events support the juvenile court’s finding
pursuant to R.C. 2151.414(E)(1) that Mother has not benefitted from case-plan
services and continues to make inappropriate decisions. Therefore, we find that
there was clear and convincing evidence from which the trier of fact could have
determined that X.R. and L.H. could not or should not be placed with Mother within
a reasonable time pursuant to R.C. 2151.414(E)(1).
As stated above, a finding of any one R.C. 2151.414(E) factor is
sufficient to support a finding that a child cannot or should not be placed with their
parent. We therefore decline to review the juvenile court’s remaining R.C.
2151.414(E) findings. Having found that the juvenile court did not err when it found
the first statutory requirement was present, we consider the second statutory
requirement, best interest, below.
D. Best Interest
The second step in the analysis is determining if permanent custody
is in the best interest of the children. The juvenile court looks to the factors laid out
in R.C. 2151.414(D). In L.H.’s case, the juvenile court is required to consider the
factors found in R.C. 2151.414(D)(1). In X.R.’s case, the juvenile court is required to
make findings under one of two alternative provisions as set forth at subparagraphs
(D)(1) and (D)(2) of the statute. The interplay has been explained as follows:
“As we understand division (D)(2), if all of the facts enumerated therein
apply, then an award of permanent custody is in the child’s best
interest, and the trial court need not perform the weighing specified in
division (D)(1). But if it is not the case that all of the facts enumerated
in division (D)(2) exist; that is, if any one of the facts enumerated in
division (D)(2) does not exist, then the trial court must proceed to the
weighing of factors set forth in division (D)(1) to determine the child’s
best interest.”
In re T.B., 2025-Ohio-2075, ¶ 37 (8th Dist.), quoting In re K.H., 2010-Ohio-1609,
¶ 54 (2d Dist.).
Here, the juvenile court made findings pursuant to R.C.
2151.414(D)(1) in both cases. R.C. 2151.414(D)(1) requires that when determining
the best interests of a child, the court shall consider all relevant factors, including
but not limited to, the following:
(a) The interaction and interrelationship of the child with the child’s
parents, siblings, relatives, foster caregivers and out-of-home
providers, and any other person who may significantly affect the child;
(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;
(c) The custodial history of the child, including whether the child has
been in the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more months of
a consecutive twenty-two-month period, or the child has been in the
temporary custody of one or more public children services agencies or
private child placing agencies for twelve or more months of a
consecutive twenty-two-month period and, as described in division
(D)(1) of section 2151.413 of the Revised Code, the child was previously
in the temporary custody of an equivalent agency in another state;
(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 to the agency;
(e) Whether any of the factors in divisions (E)(7) to (11) of this section
apply in relation to the parents and child.
Although R.C. 2151.414(D)(1) requires the juvenile court to consider
all of the relevant factors in the subsection, “only one of these enumerated factors
needs to be resolved in favor of the award of permanent custody.” 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).
In L.H.’s case, the juvenile court indicated that the R.C. 2151.414(D)(1)
best-interest factors were considered, and made the following additional findings:
(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. GAL recommends temporary 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 was in Agency custody in AD23913241 since
2023. In that case, mother agreed to the child being adjudicated
dependent and placed in the temporary custody of CCDCFS.
Adjudication and Disposition were on February 20, 2024. On July 29,
2025, temporary custody was terminated and Mother received legal
custody with protective supervision. (Exhibits1-2). The child was then
placed back in Agency custody in the case at hand on August 13, 2025,
just two weeks after temporary custody was terminated in the prior
case.
(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 and stable home
environment where his needs can be met and he can thrive. This
cannot be achieved with mother as she has failed to remedy the cause
for removal in order to provide a safe home for the child. Mother
continues to lack appropriate decision making in order to provide for
the safety of the child. Within two weeks after temporary custody was
terminated in the prior case, mother allowed her brother and his
family to move into her home, after being told not to by CCDCFS.
Videos submitted during trial show very concerning and abusive
behavior at the hands of mother’