In re J.H.

2025 Ohio 811
CourtOhio Court of Appeals
DecidedMarch 10, 2025
Docket2024-A-0087, 2024-A-0088, 2024-A-0089, 2024-A-0090, 2024-A-0091
StatusPublished

This text of 2025 Ohio 811 (In re J.H.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.H., 2025 Ohio 811 (Ohio Ct. App. 2025).

Opinion

[Cite as In re J.H., 2025-Ohio-811.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY

IN THE MATTER OF: CASE NOS. 2024-A-0087 2024-A-0088 J.H., JR., J.H., D.H., D.H., AND A.H., 2024-A-0089 DEPENDENT CHILDREN 2024-A-0090 2024-A-0091

Civil Appeals from the Court of Common Pleas, Juvenile Division

Trial Court Nos. 2021 JC 00059 2021 JC 00060 2021 JC 00061 2021 JC 00062 2021 JC 00063

OPINION

Decided: March 10, 2025 Judgment: Affirmed

Matthew S. Ziccarelli, Ziccarelli Law, 8754 Mentor Avenue, Mentor, OH 44060 (For Appellant, Jaiontai M. Henton).

April R. Grabman, Ashtabula County Prosecutor, and Mary M. Stanford, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047 (For Appellee, Ashtabula County Children Services Board).

Tabitha L. Stewart, P.O. Box 185, Rock Creek, OH 44084 (Guardian Ad Litem).

MATT LYNCH, J.

{¶1} Appellant, Jaiontai M. Henton, appeals the granting of appellee, Ashtabula

County Children Services Board’s, Motion to Modify Temporary Custody to Permanent

Custody, with respect to the minor children, J.H., Jr., J.H., D.H., D.H., and A.H. For the following reasons, we affirm the decision of the Ashtabula County Court of Common

Pleas, Juvenile Division.

{¶2} On July 8, 2021, Ashtabula Children Services filed a Verified Complaint for

Protective Supervision alleging that the children were dependent pursuant to R.C.

2151.04(C). The juvenile court granted Ashtabula Children Services protective

supervision and ordered a no contact order between the children and Henton. Following

adjudication, the children were found to be dependent.

{¶3} On July 27, 2021, Henton was arrested for the rape of the children’s half-

siblings.

{¶4} On October 21, 2021, the juvenile court ordered the children to remain in

their mother’s custody under the protective supervision of Ashtabula Children Services.

{¶5} On March 22, 2022, Henton and the children’s mother were charged with

intimidation of a witness.

{¶6} On March 23, 2022, Ashtabula Children Services filed a Verified Complaint

for Emergency Temporary Custody alleging that the children were dependent pursuant

to R.C. 2151.04(B) and (C), which the juvenile court accepted as a Post-Dispositional

Motion to Modify Protective Supervision to Temporary Custody. The juvenile court

granted Ashtabula Children Services temporary custody of the children.

{¶7} Henton pled guilty on May 9, 2022, and was sentenced to fifteen to eighteen

and one-half years in prison. The mother pled guilty on June 6, 2022, and was sentenced

to thirty-six months in prison.

{¶8} On June 20, 2023, Ashtabula Children Services filed its Motion to Modify

Temporary Custody to Permanent Custody.

Case Nos. 2024-A-0087, 2024-A-0088, 2024-A-0089, 2024-A-0090, 2024-A-0091 {¶9} On June 28, 2024, a permanent custody hearing was held. Henton was

present at the hearing but did not present evidence.

{¶10} On October 2, 2024, the juvenile court granted Ashtabula Children Services

permanent custody of the children.

{¶11} In its permanent custody motion, Ashtabula Children Services alleged that

the children had been in temporary custody for twelve or more months of a consecutive

twenty-two month period pursuant to R.C. 2151.413(D)(1) and, alternatively, that the

children could not be placed with either parent for a reasonable time or that the children

should not be placed with either parent pursuant to R.C. 2151.413(A). The juvenile court

found both claims to be valid.

{¶12} With respect to the best interest of the children pursuant to R.C.

2151.414(D)(1), the juvenile court made the following findings: The children have been

residing in a foster home since their removal on May 3, 2022. The children’s caseworker

and guardian ad litem have observed them in their placement and testified that they are

closely bonded with their foster mother. The children are in need of a legally secure

placement, and this cannot be achieved without a grant of permanent custody to

Ashtabula Children Services. The parents have been convicted of crimes against the

children and/or their siblings and were incarcerated at the time Ashtabula Children

Services moved for permanent custody. The guardian ad litem recommended granting

permanent custody to Ashtabula Children Services. Reasonable efforts were made

throughout the history of the case to prevent the removal of the children from their home.

{¶13} On October 30, 2024, Henton filed a Notice of Appeal. On appeal he raises

the following assignments of error:

Case Nos. 2024-A-0087, 2024-A-0088, 2024-A-0089, 2024-A-0090, 2024-A-0091 [1.] The trial court committed plain error by failing to conduct any inquiry under the Indian Child Welfare Act as required by 25 U.S.C. 1911 and 25 C.F.R. § 23.107.

[2.] The trial court erred when it committed permanent custody to Ashtabula County Children Services Board and terminated appellant’s parental rights without identifying all possible paternal relatives.

{¶14} Under the first assignment of error, Henton argues the juvenile court failed

to comply with federal regulation requiring it to conduct an inquiry into whether the children

were Native American.

{¶15} Federal regulations pursuant to the Indian Child Welfare Act provide:

State courts must ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry is made at the commencement of the proceeding and all responses should be on the record. State courts must instruct the parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child.

25 C.F.R. 23.107(a); 25 U.S.C. 1911(b) (“[i]n any State court proceeding for the foster

care placement of, or termination of parental rights to, an Indian child not domiciled or

residing within the reservation of the Indian child’s tribe, the court, in the absence of good

cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe”); see

also Ohio Adm.Code 5101:2-53-02(A) (“[f]ailure to identify Indian children can nullify court

proceedings that have not been conducted in accordance with ICWA”).

{¶16} Contrary to Henton’s assignment of error, the juvenile court did not fail to

comply with the provisions of the Indian Child Welfare Act. The juvenile court’s March

24, 2022 Judgment Entry, issued after the shelter care hearing on Ashtabula Children

Services’ Verified Complaint for Emergency Temporary Custody (following the mother’s

arrest), states: “The parties have determined that ICWA is not applicable to the minor 4

Case Nos. 2024-A-0087, 2024-A-0088, 2024-A-0089, 2024-A-0090, 2024-A-0091 children. … IT IS FURTHER ORDERED, all parties are under an ongoing obligation to

update the Court with knowledge or information regarding the ICWA status of the minor

children.” Present at this hearing were representatives of Ashtabula Children Services,

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jh-ohioctapp-2025.