In re C.C.
Docket 11-25-07
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Ohio
- Court
- Ohio Court of Appeals
- Type
- Opinion
- Case type
- Family
- Disposition
- Affirmed
- Judge
- Zimmerman
- Citation
- In re C.C., 2026-Ohio-1617
- Docket
- 11-25-07
Appeal from a juvenile-court adjudication and dispositional order granting an agency's motion for permanent custody
Summary
The Ohio appellate court affirmed the juvenile court’s July 21, 2025 order granting permanent custody of infant C.C. to the Defiance-Paulding Department of Job and Family Services. The child was placed in the agency’s temporary custody shortly after birth in June 2023 because both parents were incarcerated. After nearly two years in foster care, the agency sought permanent custody. The court found the child had been in temporary custody for 12 of the prior 22 months, the parents (particularly the mother) failed to complete case-plan goals, and the child’s best interests favored permanency with the foster family.
Issues Decided
- Whether the agency proved by clear and convincing evidence that the child had been in its temporary custody for 12 or more months of a consecutive 22-month period under R.C. 2151.414(B)(1)(d).
- Whether granting permanent custody to the agency was in the child's best interest under R.C. 2151.414(D).
- Whether the juvenile court erred by continuing temporary custody past the statutory “sunset date” without a timely filed extension.
Court's Reasoning
The court found unchallenged that C.C. had been in the agency’s temporary custody for the required 12 of 22 months. The mother repeatedly failed to complete case-plan requirements, missed most scheduled visits, and had positive drug tests and unstable housing—facts the guardian ad litem and agency documented. Given the child’s bonding with the foster family, the custodial history, and the need for a legally secure permanent placement, the court concluded permanent custody was in the child’s best interest. The court also held the juvenile court did not abuse its discretion in continuing custody after the sunset date because the underlying problems remained unresolved.
Authorities Cited
- Ohio Revised Code § 2151.414
- Ohio Revised Code § 2151.353
- In re Young Children76 Ohio St.3d 632 (1996)
Parties
- Appellant
- Amanda E.
- Appellee
- Defiance-Paulding Consolidated Department of Job and Family Services
- Respondent
- Christopher C.
- Judge
- William R. Zimmerman
- Judge
- Mark C. Miller
- Judge
- Juergen A. Waldick
Key Dates
- Complaint filed / shelter-care placement
- 2023-06-28
- Adjudicatory hearing / dispositional order
- 2023-08-22
- Agency motion for six-month extension filed
- 2024-12-06
- Agency motion for permanent custody filed
- 2025-05-13
- Permanent-custody hearing
- 2025-07-14
- Trial court permanent custody order
- 2025-07-21
- Notice of appeal filed
- 2025-07-25
- Appellate decision
- 2026-05-04
What You Should Do Next
- 1
Consider further appeal
If the parent wishes to challenge the decision, consult an attorney immediately about deadlines and grounds for discretionary review in a higher court.
- 2
Obtain records and transcripts
Request full trial-court transcripts and all exhibits to evaluate preserved issues for any further appeal or post-judgment motion.
- 3
Engage counsel for post-judgment matters
If reunification remains a goal, discuss with counsel what relief, if any, is available and what services the parent could pursue to improve prospects for future contact or modification.
- 4
For the agency and foster parents: implement permanency plan
Work with the court and agency to finalize adoption or long-term guardianship steps to secure the child’s legal permanency and ensure transition supports are in place.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the juvenile court’s order giving permanent custody of C.C. to the child-welfare agency, finding the agency met legal requirements and that permanency was in the child’s best interest.
- Who is affected?
- The child (C.C.), the biological parents (especially the mother, Amanda), the foster family, and the agency are directly affected; parental rights were terminated and the agency now has permanent custody.
- Why did the court award permanent custody?
- Because the child had been in agency custody for the statutory period and the mother failed to meet case-plan goals, had substance-use positives, unstable housing, and missed many visits, so the court found permanency with the foster family was best for the child.
- Could the case have been closed earlier because of the 'sunset date'?
- No — the court determined that despite the agency’s late filing for an extension, the problems that led to removal persisted, and the court did not abuse its discretion by continuing temporary custody and later ordering permanent custody.
- Can this decision be appealed further?
- Yes. The mother may seek further appellate review (for example, to Ohio’s Supreme Court) subject to deadline and jurisdictional rules, but the appellate court already affirmed the juvenile court’s judgment.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
[Cite as In re C.C., 2026-Ohio-1617.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
PAULDING COUNTY
IN RE: CASE NO. 11-25-07
C.C.,
ADJUDICATED DEPENDENT CHILD.
OPINION AND
[AMANDA E. - APPELLANT] JUDGMENT ENTRY
Appeal from Paulding County Common Pleas Court
Juvenile Division
Trial Court No. 202333007
Judgment Affirmed
Date of Decision: May 4, 2026
APPEARANCES:
Jeffrey J. Horvath for Appellant
Joseph R. Burkard for Appellee
Case No. 11-25-07
ZIMMERMAN, P.J.
{¶1} Mother-appellant, Amanda E. (“Amanda”), appeals the July 21, 2025
judgment of the Paulding County Court of Common Pleas, Juvenile Division,
granting permanent custody of her minor child, C.C., to the Defiance-Paulding
Consolidated Department of Job and Family Services (the “agency”). For the
reasons that follow, we affirm.
{¶2} Amanda and Christopher C. (“Christopher”) are the biological parents
of C.C. At the time of C.C.’s birth, Amanda was in prison in Ohio and Christopher
was incarcerated in Indiana.
{¶3} On June 28, 2023, the agency filed a complaint in the trial court alleging
that C.C. is a dependent child under R.C. 2151.04(C). Specifically, the complaint
alleged that Amanda is incarcerated and does not qualify for the prison’s nursery
program so that she may keep the newborn with her while serving her sentence. The
complaint further alleged that Amanda has given birth to seven children and does
not have legal custody of any of them. That same day, the trial court issued an ex
parte emergency order placing C.C. in the temporary custody of the agency.
{¶4} Following a shelter-care hearing on June 29, 2023, the trial court found
probable cause to believe that C.C. is a dependent child. The trial court further
found that it is in the child’s best interest to remain in the temporary custody of the
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agency. The trial court also appointed a guardian ad litem (“GAL”) to represent
C.C.
{¶5} An adjudicatory hearing was held on August 11, 2023 wherein Amanda
and Christopher admitted to the allegations contained in the complaint. The trial
court adjudicated C.C. a dependent child and found that it is in the child’s best
interest to remain in the temporary custody of the agency. Following a dispositional
hearing on August 22, 2023, the trial court approved the agency’s case plan and
found that it is in the child’s best interest to remain in the temporary custody of the
agency. Pertinent to this appeal, the case plan provided that
Amanda will have to complete her sentence and any conditions such
as probation/parole upon her release. Amanda will need to work with
the agency and complete mental health/substance abuse assessment
and follow recommendations of provider. Amanda will need to get
herself established after her release such as finding appropriate
housing and employment to provide for the needs of her child.
(Emphasis added.) (Doc. No. 13).
{¶6} The trial court held its first review hearing on November 2, 2023. The
trial court found that C.C. is doing well in the foster family placement. The trial
court further found that Amanda is living in a halfway house and visiting with the
child twice a month. The trial court found that “[i]t would be contrary to the welfare
and best interest of the child for the child to return to [Amanda’s] care at this time.
Return to [Amanda’s] care would create a danger to the health and welfare of the
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child.” (Doc. No. 24). The trial court ordered the agency to facilitate more visitation
once Amanda is able to secure housing.
{¶7} On February 15, 2024, Amanda filed a motion in the trial court setting
forth her intent “to relocate to Indiana, where she will be closer to her support system
and explore further employment options.” (Doc. No. 30). The motion
acknowledged Amanda’s awareness that a move to Indiana “could create potential
issues with her case plan and reunification.” (Id.).
{¶8} The trial court held its second review hearing on March 14, 2024. At
the time of the second review hearing, Amanda was residing in Indiana. The trial
court found that it is in the child’s best interest to remain in the temporary custody
of the agency. The trial court further found that “neither [Amanda] nor
[Christopher] have been able to actively and consistently participate in and follow
the Agency’s case-planning efforts. [Amanda] has only recently obtained housing
independent of ODRC and transitional housing.” (Doc. No. 36). The trial court
ordered the agency to facilitate supervised visitation for Amanda. The trial court
further ordered Amanda to sign a release of information so that the agency may
verify her sobriety.
{¶9} The trial court held its third review hearing on June 17, 2024. The trial
court found that C.C. is doing well in the foster home placement and that it is in the
child’s best interest to remain in the temporary custody of the agency.
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{¶10} The trial court held its fourth review hearing on August 26, 2024.
Amanda did not attend the hearing. After receiving updates from the agency and
the GAL, the trial court ordered that “[t]he Agency shall continue to have temporary
custody of the minor child.” (Doc. No. 40).
{¶11} On September 25, 2024, Amanda filed a motion requesting that the
case be closed because the agency failed to request a six-month extension prior to
the “sunset date” of one year from the initial grant of temporary custody as required
by R.C. 2151.415(D)(1). Based on the agency’s failure to request a six-month
extension on or before June 28, 2024, Amanda argued that the case should be closed
and custody of C.C. should be returned to her.
{¶12} On September 26, 2024, the agency filed an opposition to Amanda’s
motion. The agency argued, in part, that the case should not be closed since the
goals of the case plan have not been met.
{¶13} The matter came before the trial court on October 21, 2024.1 On
November 21, 2024, the trial court denied Amanda’s motion to close the case.
{¶14} The trial court held its fifth review hearing on December 4, 2024. In
its December 5, 2024 judgment entry, the trial court noted that Amanda is residing
in an extended-stay hotel in Indiana. The trial court further noted that the agency
1
A transcript of proceedings held on October 21, 2024 is not included in the record on appeal.
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arranged supervised visitation for Amanda through Adriel, with transportation
assistance. The trial court continued the agency’s temporary custody of C.C.
{¶15} On December 6, 2024, the agency filed a motion requesting a six-
month extension of the agency’s temporary custody of C.C “to allow the biological
parents additional time to complete their case plan goals.” (Doc. No. 52). On
December 9, 2024, the trial court granted a six-month extension of the agency’s
temporary custody of C.C.
{¶16} The trial court held its sixth review hearing on February 26, 2025. In
its March 5, 2025 judgment entry, the trial court noted that Amanda has a case open
in Indiana involving another child. The trial court further noted that Amanda is still
residing in a hotel in Indiana and continues to struggle with transportation issues.
The trial court stated that Amanda “has been testing positive for THC” and “she
mentioned to the Court that she does not believe that she has to work, as she receives
social security income.” (Doc. No. 64). The trial court continued the agency’s
temporary custody of C.C.
{¶17} The trial court held its seventh review hearing on April 30, 2025.
Amanda did not attend the hearing. In its May 2, 2025 judgment entry, the trial
court noted that Amanda is still residing in a hotel in Fort Wayne, Indiana. The trial
court further noted that Amanda has not been attending supervised visitation and
has tested positive for THC and methamphetamines. The trial court continued the
agency’s temporary custody of C.C.
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{¶18} On May 13, 2025, the agency filed a motion for permanent custody
alleging that C.C. has been in the temporary custody of the agency for 12 or more
months of a consecutive 22-month period. Specifically, the motion states that C.C.
has continuously been in the temporary custody of the agency since on or about June
28, 2023, and that an order for permanent custody is in the child’s best interest. The
motion further states that the agency has provided the services to the parents as set
forth in the case plan to attempt to ensure the child’s safe return to them, and has
made reasonable efforts to reunite the child with the parents. Despite the agency’s
efforts, the parents have failed to substantially remedy the conditions that caused
the child to be removed from their care.
{¶19} On June 9, 2025, the GAL filed his report regarding the agency’s
motion for permanent custody. In his report, the GAL states that C.C. has been in
the same foster home for nearly two years and “is well bonded with the foster
parents, is hitting appropriate milestones based on [the child’s] age, and appears
well cared for and adjusted.” (Doc. No. 72). As to Amanda’s relationship with
C.C., the GAL notes that Amanda resides in a hotel in Fort Wayne, Indiana and has
struggled with transportation issues. Amanda has cancelled a number of visits with
the child and “visits have not taken place for the last several months.” (Id.). With
respect to Amanda’s sobriety, the GAL states that Amanda tested positive for
methamphetamines on April 29, 2025. The GAL further states that Amanda tested
positive for THC on April 16, 2025. Due to Amanda’s positive drug screens,
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housing concerns, employment concerns, and drug and mental health service
concerns, the GAL recommends that the agency’s motion for permanent custody be
granted.
{¶20} A hearing on the permanent-custody motion was held on July 14,
2025.2 Amanda testified at the hearing that she has been living in a hotel room in
Fort Wayne for approximately one year and that she “started a job a couple weeks
ago at Applebee’s.” (July 14, 2025 Tr. at 39). Amanda further testified that she has
given birth to seven children and that they all have been removed from her custody.
Amanda denied ever having her parental rights involuntarily terminated. “I signed
off on the paperwork for the adoptions to go through. They have not been forcefully
removed.” (Id. at 40-41). As to her visitation with C.C., Amanda acknowledged
that she has missed scheduled visits and that her last visit with the child took place
on February 28, 2025.
{¶21} Amanda’s visitation with C.C. was scheduled through Adriel. An
Adriel employee testified at the permanent-custody hearing that Amanda attended
only 26 out of 54 scheduled visits from May 2024 to March 2025. The employee
further testified that Amanda’s visitation was suspended in March 2025 due to
excessive missed visits.
2
We note that the record on appeal includes a transcript of proceedings held on July 14, 2025. The transcript
reflects that the trial court recorded the permanent-custody hearing. However, shortly after the first witness
was sworn in (being Christina Crossgrove, the agency’s caseworker), the transcript indicates “(Recording
stops)” without further explanation. (Emphasis in original.) (July 14, 2025 Tr. at 11). Other than a few lines
of testimony regarding background information, the remainder of Ms. Crossgrove’s testimony is missing
from the transcript.
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{¶22} Starr Herndon also testified at the permanent-custody hearing. Ms.
Herndon testified that she is the case manager for Amanda’s case in Indiana
involving another child. Ms. Herndon further testified that Amanda is screened
once a week in Indiana and consistently tests positive for THC and prescribed
suboxone. Ms. Herndon confirmed that Amanda tested positive for illegal narcotics
in April 2025.
{¶23} On July 21, 2025, the trial court issued a judgment entry granting the
agency’s motion for permanent custody of C.C. The trial court found that the
agency established by clear and convincing evidence that C.C. has been in the
temporary custody of the agency for more than 12 of the previous 22 months. The
trial court further found, by clear and convincing evidence, that granting permanent
custody of C.C. to the agency is in the child’s best interest.
{¶24} On July 25, 2025, Amanda filed her notice of appeal.3 She raises two
assignments of error for our review. For ease of discussion, we will consider the
assignments of error out of order.
Second Assignment of Error
The Trial Court’s Decision To Award Permanent Custody To The
Agency Was Against The Manifest Weight Of The Evidence
{¶25} In her second assignment of error, Amanda argues that the trial court
erred by granting permanent custody of C.C. to the agency. In particular, Amanda
3
Christopher did not file a notice of appeal.
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contends that the problems that led to C.C’s removal “had been resolved or
mitigated” such that the trial court’s decision is not supported by clear and
convincing evidence. (Appellant’s Brief at 13).
Standard of Review
{¶26} The right to raise one’s child is a basic and essential right. In re
Murray, 52 Ohio St.3d 155, 157 (1990). “Parents have a ‘fundamental liberty
interest’ in the care, custody, and management of the child.” Id., quoting Santosky
v. Kramer, 455 U.S. 745, 753 (1982). The rights and interests of a natural parent,
however, are not absolute. In re Thomas, 2003-Ohio-5885, ¶ 7 (3d Dist.). These
rights may be terminated under appropriate circumstances and when the trial court
has met all due process requirements. In re Leveck, 2003-Ohio-1269, ¶ 6 (3d Dist.).
{¶27} When considering a motion for permanent custody of a child, the trial
court must comply with the statutory requirements set forth in R.C. 2151.414. In
particular, R.C. 2151.414 establishes a two-part test for courts to apply when
determining whether to grant a motion for permanent custody. First, the trial court
must find that one of the circumstances in R.C. 2151.414(B)(1)(a)-(e) applies.
Second, the trial court must find that permanent custody is in the best interest of the
child under the factors enumerated in R.C. 2151.414(D). In re K.S., 2021-Ohio-
3786, ¶ 11 (3d Dist.).
{¶28} As to the first part of the permanent-custody test, R.C. 2151.414(B)(1)
provides, in relevant part, that a trial court
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may grant permanent custody of a child to a movant if the court
determines at the hearing held pursuant to division (A) of this section,
by clear and convincing evidence, that it is in the best interest of the
child to grant permanent custody of the child to the agency that filed
the motion for permanent custody and that any of the following apply:
(a) The child is not abandoned or orphaned, has not been in the
temporary custody of one or more public children services agencies
. . . for twelve or more months of a consecutive twenty-two-month
period . . . 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.
...
(d) The child has been in the temporary custody of one or more public
children services agencies . . . for twelve or more months of a
consecutive twenty-two-month period . . . .
(Emphasis added.) R.C. 2151.414(B)(1)(a), (d). See In re A.W., 2017-Ohio-7786,
¶ 17 (9th Dist.) (noting “that the five factors listed in R.C. 2151.414(B)(1)(a)-(e) are
alternative findings, and that the agency need only prove one in order to satisfy the
first prong of the permanent custody test”).
{¶29} “If the trial court determines that any provision enumerated in R.C.
2151.414(B)(1) applies, the trial court must determine, by clear and convincing
evidence, whether granting the agency permanent custody of the child is in the
child’s best interest.” (Emphasis in original.) In re A.F., 2012-Ohio-1137, ¶ 55 (3d
Dist.). Thus, the second part of the permanent-custody test mandates that the trial
court consider the following factors to determine the child’s best interest:
(a) The interaction and interrelationship of the child with the child’s
parents, siblings, relatives, foster caregivers and out-of-home
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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 . . . ;
(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.
R.C. 2151.414(D)(1)(a)-(e). Under the second part of the permanent-custody test,
“the trial court considers the totality of the circumstances when making its best
interest determinations. No single factor is given more weight than others.” In re
N.R.S., 2018-Ohio-125, ¶ 16 (3d Dist.).
{¶30} If the trial court makes these statutorily required determinations, a
reviewing court will not reverse a trial court’s decision unless it is not supported by
clear and convincing evidence. In re A.E., 2014-Ohio-4540, ¶ 28 (3d Dist.) (“A
court’s decision to terminate parental rights will not be overturned as against the
manifest weight of the evidence if the record contains competent, credible evidence
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Case No. 11-25-07
by which a court can determine by clear and convincing evidence that the essential
statutory elements for a termination of parental rights have been established.”).
{¶31} “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 as is 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.” Cross v. Ledford, 161 Ohio St. 469 (1954),
paragraph three of the syllabus.
Analysis
{¶32} In this case, the trial court determined that C.C. has been in the
agency’s temporary custody for 12 or more months of a consecutive 22-month
period as set forth in R.C. 2151.414(B)(1)(d). The trial court also determined that
C.C. cannot be placed with either parent within a reasonable period of time or should
not be placed with either parent under R.C. 2151.414(B)(1)(a). Specifically, the
trial court found as follows:
The Agency has met its burden of proof by clear and convincing
evidence that the child cannot be returned to [the] parents within a
reasonable time or should not be returned to [the] parents and that the
child has been in the temporary custody of the Agency for more than
12 of the previous 22 months. During that time, [the child] has
integrated into the [foster] family, and none present at the hearing had
any concerns about the care [the child] has received while in the foster
placement. [Amanda] has demonstrated a lack of stability, willingness
or ability to follow and complete case plan goals, including
maintaining sobriety, has missed over half of her supervised
scheduled visits with [the child] in the two years this case has been
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pending, and has failed to show that she can and will provide a stable
home for [the child]. [The child’s father] is incarcerated and continues
his own struggles with drug addiction.
(Doc. No. 80). The trial court further found that it is in the child’s best interest to
grant the agency’s motion for permanent custody.
{¶33} In her second assignment of error, Amanda argues that the trial court’s
decision to award permanent custody to the agency is against the manifest weight
of the evidence. As to the first part of the permanent-custody test, Amanda does not
challenge the trial court’s determination under R.C. 2151.414(B)(1)(d) that C.C. has
been in the agency’s temporary custody for 12 or more months of a consecutive 22-
month period. Thus, with respect to the second part of the permanent-custody test,
we must review the factors set forth in R.C. 2151.414(D)(1) to determine if clear
and convincing evidence supports the trial court’s best-interest determination.
{¶34} Regarding the best-interest factor under R.C. 2151.414(D)(1)(a), the
trial court considered the interaction and interrelationship of the child with the
parents, siblings, relatives, and the foster family. The trial court found that Amanda
has demonstrated a lack of commitment toward C.C. by failing to regularly visit
with the child when able to do so. The record supports this finding in that Amanda
attended only 26 out of 54 scheduled visits with the child. Amanda’s last visit with
the child took place several months prior to the permanent-custody hearing.
Moreover, even though Amanda has given birth to seven children, she does not have
legal custody of any of them. The trial court further considered that C.C. has been
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in the home of the foster family since shortly after birth and has been doing well in
their care.
{¶35} With respect to R.C. 2151.414(D)(1)(b)—the child’s wishes—the trial
court considered C.C.’s young age and appointed a GAL to represent the child. In
his report, the GAL noted that the child is well bonded with the foster parents and
appears to be well cared for and adjusted. The GAL further noted that Amanda
tested positive for methamphetamines in April 2025 and has not visited the child in
the last several months. Based on Amanda’s inability to meet case plan goals,
positive drug screens, housing concerns, employment concerns, and mental health
concerns, the GAL recommended granting the agency’s motion for permanent
custody as being in the best interest of the child.
{¶36} Concerning R.C. 2151.414(D)(1)(c)—the child’s custodial history—
the trial court found that the child has been in the agency’s temporary custody since
shortly after the child’s birth in 2023. The trial court further found that, during this
almost two-year period, Amanda demonstrated a lack of commitment toward C.C.
by failing to regularly visit with the child and by failing to provide an adequate
permanent home for the child.
{¶37} As to R.C. 2151.414(D)(1)(d)—the child’s need for a legally secure
permanent placement—the trial court found that C.C. cannot and should not be
placed with either parent within a reasonable time. The trial court considered
Amanda’s lack of stability and her unwillingness to follow and complete the case
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plan goals. The trial court further considered Amanda’s inability to maintain
sobriety and to provide a stable home for the child. The record supports the trial
court’s findings and that permanent custody is the only available means of providing
permanency and stability to the child.
{¶38} For these reasons, based on the totality of the evidence, we conclude
that the trial court’s best-interest determination is supported by clear and convincing
evidence. Therefore, the trial court’s decision to grant the agency’s motion for
permanent custody is not against the manifest weight of the evidence.
{¶39} Amanda’s second assignment of error is overruled.
First Assignment of Error
The Trial Court Erred By Not Holding Further Disposition
Hearings To Extend The Agency’s Temporary Custody From
June 28, 2024 To December 28, 2024 And From December 28,
2024 To June 28, 2025
{¶40} In her first assignment of error, Amanda argues that the trial court
erred by not holding dispositional hearings prior to extending the agency’s
temporary custody of C.C. In particular, Amanda contends that she was prejudiced
by the “procedural drift” because C.C. remained in the agency’s temporary custody
for 12 out of a 22-month period. (Appellant’s Brief at 12).
Standard of Review
{¶41} If a child is adjudicated an abused, neglected, or dependent child, R.C.
2151.353(A) provides that the trial court may “[c]ommit the child to the temporary
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custody of . . . [a] public children services agency.” R.C. 2151.353(A)(2)(a).
Moreover, R.C. 2151.353(G) provides that any temporary custody order issued
pursuant to R.C. 2151.353(A) shall terminate one year after the earlier of the date
on which the complaint was filed or the child was first placed into shelter care. This
is known as the “sunset date.”
{¶42} The Ohio Supreme Court held in In re Young Children, 76 Ohio St.3d
632, 637 (1996), that the passing of the sunset date does not divest juvenile courts
of jurisdiction to enter dispositional orders. “[W]hen the sunset date has passed
without a filing pursuant to R.C. 2151.415 and the problems that led to the original
grant of temporary custody have not been resolved or sufficiently mitigated, courts
have the discretion to make a dispositional order in the best interests of the child.”
Id. at 638.
{¶43} An abuse of discretion suggests the trial court’s decision is
unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore, 5 Ohio St.3d
217, 219 (1983).
Analysis
{¶44} In this case, it is undisputed that the agency did not file a motion for
the extension of temporary custody until December 6, 2024—being several months
after the passing of the sunset date on June 28, 2024. It is further undisputed that
the trial court did not hold a dispositional hearing prior to ordering the extension of
temporary custody.
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{¶45} On appeal, Amanda argues that “[t]hese procedural breakdowns
allowed the Agency to drift into the minimum requirement of having C.C. in its
temporary custody for 12 out of a 22-month period, which became the basis in this
case for permanent custody.” (Appellant’s Brief at 11-12). We disagree.
{¶46} The record shows that this case did not “drift” in the trial court after
the passing of the sunset date. Beginning in June 2024, the trial court held hearings
every other month to review the status of the case. Following the hearings, the trial
court issued judgment entries continuing the agency’s temporary custody of the
child.
{¶47} The record further shows that the problems that led to the original
grant of temporary custody to the agency have not been resolved. After Amanda
completed her prison sentence in or around March 2024, she moved to Indiana. At
the time of the permanent-custody hearing on July 14, 2025, Amanda had been
residing in a hotel room in Fort Wayne, Indiana for approximately one year. She
failed to attend more than half of the scheduled visits with the child, consistently
tested positive for THC, and tested positive for methamphetamines in April 2025.
In its July 21, 2025 judgment entry, the trial court found that permanent custody is
in the child’s best interest because, “in the two years this case has been pending,”
Amanda “has failed to show that she can and will provide a stable home for [the
child].” (Doc. No. 80). Consequently, the trial court ordered the termination of
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Amanda’s parental rights. See R.C. 2151.415(A)(4) (providing that a dispositional
order includes an order permanently terminating parental rights).
{¶48} Based on the foregoing, we conclude that the trial court did not err by
continuing the agency’s temporary custody beyond the passing of the sunset date.
We further conclude that, since the problems that led to the original grant of
temporary custody to the agency have not been resolved, the trial court did not abuse
its discretion when it made a dispositional order in the best interest of the child.
{¶49} Amanda’s first assignment of error is overruled.
{¶50} Having found no error prejudicial in the particulars assigned and
argued, we affirm the judgment of the trial court.
Judgment Affirmed
MILLER and WALDICK, J.J., concur.
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JUDGMENT ENTRY
For the reasons stated in the opinion of this Court, the assignments of error
are overruled and it is the judgment and order of this Court that the judgment of the
trial court is affirmed with costs assessed to Appellant for which judgment is hereby
rendered. The cause is hereby remanded to the trial court for execution of the
judgment for costs.
It is further ordered that the Clerk of this Court certify a copy of this Court’s
judgment entry and opinion to the trial court as the mandate prescribed by App.R.
27; and serve a copy of this Court’s judgment entry and opinion on each party to the
proceedings and note the date of service in the docket. See App.R. 30.
William R. Zimmerman, Judge
Mark C. Miller, Judge
Juergen A. Waldick, Judge
DATED:
/hls
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