In re B.H., 2011 Ohio 1967

B.H. born Oct 2008; mother with history of homelessness, unemployment, and untreated mental health issues; father has criminal convictions.
CCDCFS filed dependency and temporary custody Nov 7, 2008; juvenile court adjudicated dependent Jan 29, 2009.
Case plan required stable housing, employment, and mental health counseling; housing obtained but eviction occurred; initial job at Crestmont North Healthcare ended amid dispute; later employed at Eliza Jennings Nursing Home.
B.H. has resided with maternal aunt and uncle since birth; guardian ad litem recommended continued placement with aunt/uncle for stability.
Third modification motion filed Apr 20, 2010; hearing showed housing and employment improved but psychological counseling not yet obtained; court awarded legal custody to aunt/uncle; mother appealed.
Court found award to non-parent in B.H.’s best interests and that mother’s noncompliance with case plan supported the decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether legal custody to a non-parent was in B.H.’s best interests.	Mother argues return to her home is better.	CCDCFS and GAL argue stable environment with relatives is best.	Yes; court did not abuse discretion; legal custody to aunt/uncle supported by best interests.
Whether the trial court abused its discretion given mother's housing, employment, and counseling status.	Mother contends progress and bonding support custody.	Mother lacked stable housing, ongoing mental health services, and consistent employment.	No abuse of discretion; court weighed instability and GAL recommendation.

In re Nice, 141 Ohio App.3d 445 (Ohio App. 2001) (best interests standard for non-parent custody awards; residual parental rights remain with parents)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard for appellate review)