In re C.H.
2013 Ohio 633
Ohio Ct. App.2013Background
- Mother appeals a judgment terminating her parental rights to C.H. and granting permanent custody to CSB in Wayne County, Ohio.
- C.H., born 1999, is the youngest child of Mother; Father Bryan H. is not a party to this appeal.
- The family has a long history with CSB, including prior removals and substantial concerns about living conditions and Mother's mental health.
- CSB initially filed a dependency action in 2009 and sought temporary custody; the trial court later granted permanent custody to CSB, which Mother appealed.
- After CSB sought to vacate the judgment, the trial court vacated and then again granted permanent custody to CSB, terminating parental rights; Mother challenges this on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests, permanent custody | Mother contends the best-interest findings lack clear and convincing support. | CSB asserts the evidence supports best interests under 2151.414(D). | Permanent custody in best interests; weight supported. |
| Admission of out-of-court records | Mother argues records not entered/authenticated; testimony based on inadmissible hearsay. | CSB claims witness relied on agency records; objections overruled. | Harmless error; not reversible. |
Key Cases Cited
- In re A.B., 110 Ohio St.3d 230 (2006-Ohio-4359) (permanent custody; placement considerations)
- In re R.G., 2009-Ohio-6284 (9th Dist.) (enumerated factors of best interest)
- In re Palladino, 2002-Ohio-5606 (11th Dist.) (analysis of best interest factors)
- In re Holcomb, 18 Ohio St.3d 361 (1985) (clear and convincing standard)