In re J.H., 2011 Ohio 1077

Birth of J.H. and J.H.; Monica Anthrop relinquished custody to GCCSB in May–June 2009.
GCCSB gained temporary custody in July 2009; adjudicatory hearing in Sept. 2009 found the boys neglected and dependent; paternity confirmed.
Dispositional hearing in Oct. 2009 maintained temporary custody with GCCSB.
GCCSB filed for permanent custody on March 25, 2010; appellant Terry Huey was incarcerated during proceedings (July 2008–July 2010) with further charges after release.
Trial on permanent custody occurred July–Oct. 2010; October 12, 2010 judgment granted permanent custody to GCCSB.
Huey appealed November 2010, raising three assignments of error regarding RC 2151.414 timing, best interests, and RC 2151.414(E) factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court could place children with father within a reasonable time	Huey argues RC 2151.414(B)(2) requires placement with him if possible	GCCSB contends placement with Huey is not feasible within a reasonable time	No; court properly found not placeable within reasonable time
Whether permanent custody was in the children's best interests	Huey contends best interests were not properly shown	GCCSB asserts evidence supports best-interest finding	Yes; permanent custody affirmed as in best interests
Whether RC 2151.414(E) factors applied (incarceration indicators)	Huey challenges applicability of E(12)/(13)	GCCSB argues E(13) supports finding; E(12) disputed due to incarceration duration	E(13) supports[] finding; E(12) not necessary to rely on

In re Morris, 2006-Ohio-3231 (Ohio 2006) (relevance of incarceration duration to E(12))
C.E. Morris Co. v. Foley Construction, 54 Ohio St.2d 279, 376 N.E.2d 578 (Ohio 1978) (establishes standard for reviewing permanent custody decisions)
In re Mauzy Children, Stark App. No. 2000CA00244, 2000 (Ohio App. 2000) (juvenile court discretion in best-interest determinations)