In re R.C.

2025 Ohio 5150

• Court: Ohio Court of Appeals
• Decided: November 13, 2025
• Docket: CA2025-06-028; CA2025-06-030
• Status: Published

Opinion

[Cite as In re R.C., 2025-Ohio-5150.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

CLINTON COUNTY

IN RE: : CASE NOS. CA2025-06-028 R.C., et al. : CA2025-06-030

: OPINION AND JUDGMENT ENTRY : 11/13/2025

:

APPEAL FROM CLINTON COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION Case Nos. 20233055; 20233056; 20233057; 20233058; 2023359; 20233060; 20233061

Brian A. Shidaker, Clinton County Prosecuting Attorney, and Danielle E. Sollars, Assistant Prosecuting Attorney, for appellee.

Susannah M. Meyer, for appellant, Mother.

The CMW Law Firm, and Anthony D. Maiorano, for appellant, Father.

Margie Eads, guardian ad litem.

____________ OPINION

BYRNE, J.

{¶ 1} Appellants, the biological mother ("Mother") and father ("Father") of seven Clinton CA2025-06-028 CA2025-06-030

minor children—Theo, Joseph, Francis, George, Stephen, Charles, and Ralph—

separately appeal the decision of the Clinton County Court of Common Pleas, Juvenile

Division, granting permanent custody of the children to Clinton County Children Services

(the "Agency").1 For reasons outlined below, we affirm the juvenile court's decision.

I. Overview

{¶ 2} Mother and Father are married and are the biological parents to seven

minor children – all of whom are boys. At the time of the permanent custody hearing, the

children ranged from four years old to 13 years old.2

{¶ 3} On September 29, 2022, the Agency received a report alleging that two of

the children—then one year old and four years old, respectively—were left unattended in

their car seats in the family's driveway on a daily basis. The four-year-old was observed

tipped over in the car seat, on his face, and trying to walk around with the car seat on his

back. The report also alleged that Father would "scream and cuss" at the children and

smack their heads when they were getting onto the school bus in the morning. The report

further noted that the children did not bathe or change their clothes for days, and that one

or more passengers on the bus gagged because of the children's foul smell. Furthermore,

the report alleged that the children had dirt caked onto their skin. On this basis, the Agency

opened an investigation and began working a voluntary case with Mother and Father.

A. Agency's Voluntary Case with Mother and Father

{¶ 4} In 2022, during the voluntary period, the Agency was concerned about the

1. The children’s names used in this opinion are pseudonyms adopted for the purposes of privacy and readability. In re D.P., 2022-Ohio-4553, ¶ 1, fn. 1 (12th Dist.); The Supreme Court of Ohio Writing Manual, § 16, at 115 (3d Ed. 2024).

2. Theo was 13 years old; Joesph was 12 years old; Francis was 11 years old; George was 9 years old; Stephen was 8 years old; Charles was 6 years old; and Ralph was 4 years old. -2- Clinton CA2025-06-028 CA2025-06-030

children's hygiene and the cleanliness of the family's home. Because of these concerns,

the Agency developed an initial case plan for Mother and Father.3 According to Nathaniel

Hawkins, an Agency caseworker, the initial case plan required Mother and Father to clean

and remove trash from the house, to adhere to Stephen's prescribed treatment regimen

for severe eczema, to help Theo address his inappropriately aggressive behavior at

school, and to attend doctor's appointments for Charles, who had leukemia.4

{¶ 5} To assist Mother and Father in meeting their initial case plan goals, the

Agency provided dumpsters for trash removal, set up a trash removal system, connected

the family with a local school district that gifted them a new washer and dryer, secured

clothing donations, obtained a referral to Ohio Rise to address Theo's behaviors, and

instructed the parents on how to properly bathe and dry Stephen to address his eczema.

{¶ 6} Hawkins testified that shortly after getting involved, the Agency noted some

improvements from Mother and Father, but they were unable to maintain their progress,

and the Agency continued to receive reports about the family. Agency records indicate,

and Hawkins further testified, that on October 13, 2022, the Agency received a report that

the children's hygiene had worsened, that the children had scratches on their skin from a

cat or their siblings, and that Stephen exhibited aggressive behavior at school. Then, on

October 21, 2022, the Agency received a report that the family did not have food in their

home on the weekends. On May 10, 2023, the Agency received a report that Father struck

Joseph on the face, which left a mark. Subsequently, the Agency implemented a safety

plan which required Mother to supervise Father when he was with the children.

3. The record is unclear on the precise date the initial case plan was adopted.

4. Much of Hawkins' testimony regarding events that occurred before he was assigned to the children's case was based on his review of Agency business records. Except where noted, Mother and Father did not object to this testimony. -3- Clinton CA2025-06-028 CA2025-06-030

{¶ 7} Notably, Mother eventually testified that there was never a food insecurity

issue in the home, and that the children always had food. The record reflects that Father

and Joseph both denied that Father smacked Joseph. We need not decide these factual

questions because the juvenile court allowed Hawkins' testimony on these three reports

only to establish why he took his next steps in the investigation, not for the truth of the

matter asserted.

B. Temporary Custody and Updated Case Plan

{¶ 8} In June 2023, one of the Agency's case workers, Sarah Smallwood, made

an unannounced visit to the family home. Smallwood found spoiled food and trash piled

in the home and an "unbearable" smell. The old washer and dryer that the school district

replaced were in the kitchen with trash piled up around them to half their height. Spoiled

food, used diapers, and chip bags were spread throughout the house. An Agency worker

reported hearing rats or mice in the mounds of trash in the kitchen. All of this was the

case despite the Agency's previous help in cleaning up the home. In other words, Mother

and Father allowed the home to return to unsafe and unsanitary conditions after it was

cleaned up with significant effort.

{¶ 9} In response to these conditions, the Agency tried to implement an out-of-

home safety plan, but the Agency could not locate friends or relatives with whom the

children could stay. As a result, the same day, the Agency moved for and received

temporary custody of the children, while also filing a complaint that alleged that the

children were dependent and neglected. The children were then placed with separate

foster care families. The children remained in the care of foster families through the

remainder of this matter.

{¶ 10} The Agency assigned Hawkins to the family's case after it took temporary

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custody of the children. Hawkins visited the family home a few weeks after Smallwood's

unannounced visit. Hawkins observed significantly less trash compared to Smallwood's

previous findings, but he still saw a rat on the kitchen counter. Mother and Father

conveyed to him that they were working on repairing holes in the walls and cleaning up

trash, and Hawkins encouraged them to continue those and related cleanup efforts.

{¶ 11} The Agency developed an updated case plan with the goal of reunifying

Mother and Father with the children. The updated case plan required Mother and Father

to:

• continue to clean up trash and maintain a cleaner home to ensure safety and

health;

• complete mental health assessments and follow all mental health

recommendations;

• ensure Theo's participation in a program to address his aggressive acting-out

behaviors, and follow the program provider's recommendations;

• create and follow a budget to prevent situations in which the family runs out of

food before new food stamps are available, and use the community food bank

to supplement their food if necessary;

• secure and maintain employment;5

• establish a schedule for the children to each bathe at least three times a week,

and teach the boys how to properly wash, to prevent the children from

appearing dirty in public; and

• ensure that Charles received appropriate treatment for his leukemia.

5. This requirement was to be satisfied if only one parent became employed, and the other served as caregiver to the children. -5- Clinton CA2025-06-028 CA2025-06-030

{¶ 12} Hawkins explained to Mother and Father that they needed to work on their

case plan objectives to potentially be reunited with their children. As the case progressed,

Hawkins eventually added two additional elements:

• address the agency's concerns about Mother and Father's parenting skills by

taking a parenting class and demonstrating what they learned; and

• ensure the children received mental health assessments, and follow all of the

resulting mental health recommendations.

C. Dependency Adjudication and Permanent Custody Motion

{¶ 13} On August 24, 2023, with Mother's and Father's agreement, the juvenile

court adjudicated the children dependent. The allegations of neglect were dismissed on

the state's motion. With the agreement of Mother and Father, the court issued a

disposition order in which it adopted the updated case plan and ordered that the children

remain in the temporary custody of the Agency.

{¶ 14} Over a year later, on October 18, 2024, the Agency moved for permanent

custody. Prior to the permanent custody hearing, the Guardian ad Litem ("GAL") who had

been appointed for the children filed a report in which she recommended that the court

grant permanent custody of the children to the Agency.

D. Permanent Custody Hearing – February 12, 2025

{¶ 15} On February 12, 2025, the juvenile court conducted a permanent custody

hearing. At the beginning of the hearing, the court took judicial notice of (1) the filed GAL

report; (2) the fact that the children entered the temporary custody of the Agency on June

7, 2023; (3) the fact that the children remained in the Agency's temporary custody

continuously through the date of the permanent custody hearing; and (4) the fact that the

children were adjudicated dependent on August 24, 2023. -6- Clinton CA2025-06-028 CA2025-06-030

{¶ 16} The court then heard testimony. The state only presented two witnesses:

Sherry Peterson (a therapist) and Nathaniel Hawkins (the Agency caseworker). Mother

testified on her own behalf, and Father did not testify. We have summarized the witnesses'

key testimony below, organized by topic.

1. Housing

{¶ 17} Hawkins testified that Mother and Father initially made efforts to fix holes in

the walls of their home. However, in November of 2023, after the children were removed

and placed in the Agency's temporary custody, Mother and Father were evicted from their

home. Since then, Mother and Father have been homeless, paying on a day-to-day basis

to live in a hotel room at the Wilmington Inn Hotel. Notably, this was not a first occurrence;

the family previously lived in a hotel room for nearly two years from September 2016 to

August 2018.

{¶ 18} In addition to keeping a clean and sanitary home, the Agency added the

new element of securing a stable home to the updated case plan, because Mother and

Father were living in a hotel. Hawkins visited Mother and Father's hotel room more than

once. He described the hotel room as generally "cleaned and maintained." He observed

some pizza boxes and food, but the room was "not trashed."

{¶ 19} Mother and Father attempted to find a home through the United States

Department of Housing and Urban Development ("HUD") and various realty websites, but

they were unsuccessful. The Agency attempted to help Mother and Father by referring

them to the Community Health Alliance's PATH program in September 2023 and again in

January 2025.

{¶ 20} Mother testified at the permanent custody hearing that she and Father

would be viewing a potential home the following Monday. Mother and Father represented

-7- Clinton CA2025-06-028 CA2025-06-030

to Hawkins that they were near the top of HUD's waitlist for a home. Hawkins testified that

even if the couple were to immediately secure a home, the Agency would still not consider

reunification with the children an option because "[t]here [were] other elements of the

case plan that [were] not complete at [that] time."

{¶ 21} Hawkins testified that he spoke to Mother and Father about budgeting for a

home, and they were uncertain what they could afford. He pointed out that they were

paying $90 a night for their hotel room and did not have any money saved. The

conversation went no further.

2. Employment and Finances

{¶ 22} Father and Mother obtained employment from Amazon about a year before

the permanent custody hearing. They both made a little more than $21 per hour as of the

hearing date and both of them worked the 4:00 p.m. to 12:30 a.m. shift.

{¶ 23} Given they worked the same shift, Mother testified that if the children were

returned to her and Father's custody, she may have to find a new shift so she could watch

the children while Father was at work. Mother also acknowledged that if the children were

returned to her and Father's custody and she kept her job and continued to work the same

shift as Father, then most of her income would go straight to childcare, which she

estimated to cost $200 to $300 per night. She also indicated that she would be open to

quitting and staying home with the children.

3. Mental Health and Medical Diagnoses

{¶ 24} As part of the initial case plan, Mother and Father were required to receive

mental health assessments and comply with any resulting mental health

recommendations. However, Mother and Father did not complete their mental health

assessments, at ANEW Behavioral Health, until November 1, 2023, after the children

-8- Clinton CA2025-06-028 CA2025-06-030

were taken into temporary custody.

{¶ 25} Sherry Peterson, an ANEW therapist, testified at the permanent custody

hearing that Mother was diagnosed with severe Major Depressive Disorder and needed

to attend mental health therapy weekly.6 Peterson testified that Mother's depression was

"so significant" it would "take some time" for Mother to be able to work through her mental

health issues.7

{¶ 26} Mother attended nine out of the 12 sessions and only missed a few sessions

due to her loss of insurance in August 2024. Mother even showed up for informal

counseling meetings with Peterson when she lost her insurance. She attempted to

reengage with ANEW in January 2025, and received therapy sessions with some

regularity until the permanent custody hearing.

{¶ 27} Peterson reported that while receiving treatment from ANEW, Mother was

"very committed" to her therapy, despite having three different counselors within a short

amount of time. However, her commitment was only present "in the office," and Mother

"went right back to whatever her husband wanted" when she left therapy sessions. This

created a "two steps forward, three steps back" dynamic in her mental health treatment.

However, Peterson testified that Mother loved her children deeply, and that she was trying

to address other issues like housing and finances. But Peterson also noted that while

Mother made some progress in her counseling sessions, she did not make the "deep

[internal] changes she needed to make to get her kids back." When asked why she

6. Some of Peterson's testimony regarding the events that occurred before she was assigned to the Mother's case was based on her review of ANEW Behavioral Health's business records. Except where noted, Mother did not object to this testimony.

7. Peterson also testified that she would have amended the diagnosis to also include "posttraumatic stress disorder with significant depression and anxiety." She also expressed her belief that Mother had "some type of a trauma bond" with Father, but she could not identify this specifically. -9- Clinton CA2025-06-028 CA2025-06-030

believed Mother failed to implement necessary changes, Peterson answered, "I think

she's afraid of her husband. I think she's afraid of not having her husband. I think she's

afraid to not be able to stand on her own two feet." She clarified that Mother and Father

had an unhealthy relationship. At the permanent custody hearing, Mother disputed that

she was afraid of Father and testified that he was trying his best to be a hardworking,

stable father figure.

{¶ 28} At one point, Mother showed up at ANEW with Father. Peterson explained

that Mother seemed "very distraught and upset" because the Agency had told them that

it was going to file for permanent custody of the children. Father stated that "maybe they

should just wash their hands of it, sign off the kids, and they can just start over." Peterson

acknowledged that Mother was "distraught" by Father's statement and opined that Mother

felt that she was caught in the middle between Father and her children.

{¶ 29} Father's story was different. Hawkins understood, based on his

communications with ANEW, that Father completed an initial mental health assessment

and received recommendations for continued mental health treatment. Indeed, the record

reveals that Father was diagnosed with unspecified anxiety disorder and was

recommended to go to weekly psychotherapy sessions. But, Hawkins further explained

that Father continuously denied that he had any mental health recommendations to

complete, stating that his past counselor had mixed up his recommendations with

Mother's. Father never pursued any mental health treatment, despite Hawkins' repeated

urging.

{¶ 30} The Agency added the requirement that the children undergo mental health

assessments to the updated case plan because they were having difficulty listening at

school and in their foster homes, and were "showing behaviors" that were inappropriate

- 10 - Clinton CA2025-06-028 CA2025-06-030

at school. The Agency hoped the assessments would determine whether the children's

difficulties were merely behavioral or instead related to mental health. The assessments

determined that all of the children, except for Ralph, had some type of mental health

condition and required one or multiple prescriptions.8 Mother testified she did not notice

that the children had any mental health issues before their assessments, but she stated

that after receiving the children's mental health assessments, she did not object and she

wanted to make sure they were healthy and mentally stable.

4. Visitation and Parenting Classes

{¶ 31} While the Agency had temporary custody, Mother and Father were allowed

visitation with the children at the Agency for an hour and a half each week. Hawkins

testified that the visits tended to be chaotic because the children ran around, often exiting

the room and even going so far as going out the Agency's back door. The parents were

not in control of the children, and they regularly were frustrated with the children. When

frustrated, Father yelled and screamed and stated things like, "I don't have to do this, I'm

not going to do this, I'm going home, I'm going to the car." Hawkins was concerned that

Father seemed to only pay attention to the youngest boy, Ralph, and would demand that

Mother get the other children under control without Father's help.

{¶ 32} Mother and Father did not request any out-of-agency visits or community

visits with the children. Even if Mother and Father had requested such visits, Hawkins

testified that the Agency would not have allowed it since Mother and Father lived in a

hotel, and the Agency wanted to see more controlled visits with the children. Additionally,

8. Theo was diagnosed with "other reactions to severe stress;" Francis was diagnosed with “other reactions to severe stress, sleep disorder, and ADHD"; Stephen was diagnosed with “other reactions to severe stress, sleep disorder, and ODD"; George was diagnosed with ADHD and insomnia; Joseph was diagnosed with “other reactions to severe stress, ADHD, sleep disorder, and ODD"; Charles was diagnosed with hyperkinesis, global development delays, ADHD, PTSD, episodic mood disorder, leukemia, and febrile seizures. Charles is now in remission from leukemia. - 11 - Clinton CA2025-06-028 CA2025-06-030

Mother and Father did not have relatives who could supervise the visits.

{¶ 33} According to the GAL report, the children grew excited and anxious in

anticipation of seeing their family at visitations. However, the GAL noted that when Mother

and Father called the children on the phone, the children did not want to talk long. The

GAL also reported that Father "mostly sat on the couch and looked at his phone" during

visits. On another occasion, the GAL report stated that Mother and Father had brought

gifts and food to the visitation, and that "they were all doing well."

{¶ 34} Pursuant to the case plan, Mother and Father completed a parenting class

at New Life Clinic in December of 2024. Hawkins testified that after Mother and Father

completed the parenting class their visitations with the children became more organized

and Father yelled less. Mother testified that the parenting class taught her to not "shame

the [children]," to pay more attention to them, and to spend more time with them. Hawkins

admitted that even though the children were still disobedient with their parents in

visitations, these behaviors were occurring in the foster homes as well.

{¶ 35} During visitations, Hawkins observed that Mother was very attentive to her

children and he described her as a "loving mother." The Agency also noted that Mother

and Father expressed concern for the children and their various needs. Specifically,

Mother would express interest in Charles and his illnesses, showed concern for Francis's

"sexualized behavior," and even agreed to cut short visits with Charles to prevent his

febrile seizures.

5. Cleanliness of Home

{¶ 36} The Agency took pictures of the kitchen when the Agency visited the family's

home in June of 2023. Those pictures were introduced as evidence at the permanent

custody hearing. The pictures depict broken bins, trash cans, bottles, and dishes on the

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kitchen counter, and trash nearly halfway as tall as the family's new washer and dryer.

They also depict clothes and trash piled up in front of the door and fireplace, and in the

living room. As previously mentioned, Hawkins visited the home shortly after the June

2023 visit from the Agency. Upon his visit, Hawkins reported some improvement in the

house, but he still saw a rat on the kitchen counter. And after the children were removed

and Mother and Father moved into a hotel, Hawkins reported that their hotel room was

fairly clean. The record is silent on whether this was because the hotel provided daily

maid service, as most hotels do.

{¶ 37} Mother disputed the representativeness of the pictures, testifying they

mostly depicted clothes that were piled up because the washer and dryer were broken.

She also claimed trash was only on the floor because the children stepped on a bag of

trash, ripping it open, despite her telling them not to do so. Yet Mother also effectively

conceded that the home was consistently dirty when she claimed she was unable to keep

a clean home because she had a hernia that prevented her from lifting more than five

pounds. She said she had this hernia continuously from the time Ralph was born in

February 2021 until she had surgery for her hernia in May of 2023, which caused her to

be out of the house for six weeks.

6. Children's Relationships

{¶ 38} After the Agency took temporary custody of the children, and after some

adjustments in the children's placements, the children were ultimately split up into three

separate foster families. The five oldest children (Theo, Joseph, Stephen, Francis, and

George) were placed with the same foster family in Brookville, Ohio, while the youngest

two (Charles and Ralph) were placed in separate foster homes, in Washington Court

House, Ohio and Wilmington, Ohio, respectively.

- 13 - Clinton CA2025-06-028 CA2025-06-030

{¶ 39} According to Hawkins, Charles continued to struggle with behavioral issues

in his new foster home, but he bonded well with his foster mother. Ralph had "done well"

and "bonded well" with his foster family. He had good relationships with the other children

in the home and played well with them. He was learning colors and shapes. The oldest

five children, in the Brookville foster home, continued to struggle with listening and

following rules "at times," but "overall" were "doing well in school" and were "doing well in

the home." However, the record is silent on what kind of relationship, if any, the older five

children had with their foster family. The GAL noted in her report that the children are

"thriving" in clean environments with their foster families.

{¶ 40} Hawkins received updates from the foster families when there were

problems with the children. However, these updates generally involved "normal kid

behaviors" and there were "no major concerns."

{¶ 41} Hawkins testified that the Agency tried to place the seven children together

but failed because the total number of children was too much for one foster family to

handle. Among all the foster families, only Charles' foster family expressed their desire to

adopt him. But the Agency still intended to seek adoption for all of the children if granted

permanent custody.

{¶ 42} The record indicates that the children have a tight-knit relationship with each

other. Hawkins testified that all the children are particularly attached to the youngest

brother, Ralph, who was placed separately from the other children, and stated that it would

not be in the best interest of the children to be split up. Hawkins also testified that the

children would likely be split up if the Agency gained permanent custody of the children.

Mother agreed with Hawkins that it would be detrimental for the children to be separated

from each other. She stated that the children would "react against each other" if they were

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separated and that it would be in their best interest to stay together.

E. Continued Permanent Custody Hearings

{¶ 43} At the conclusion of the February 12, 2025 permanent custody hearing, the

juvenile court continued the hearing to March 10, 2025 so that Mother and Father could

see the potential home they were scheduled to see on the following Monday and then

report on their housing status.

{¶ 44} At the March 10 hearing, Mother and Father provided a letter from the

Clinton Metropolitan Housing organization that they were on the "top of the wait list" for

housing. Mother and Father also stated that they paid a $100 deposit for a house in Xenia.

The juvenile court granted another continuance for Mother and Father since the court

recognized that there was a "housing shortage" in the area and that Mother and Father

had an "extra big challenge" in finding a house for seven children.

{¶ 45} At the last permanent custody hearing date, March 27, 2025, Mother and

Father stated that their housing option in Xenia fell through but that they were confident

that they would find another house soon. Consequently, the juvenile court gave Mother

and Father an 11-day deadline, until April 7, 2025, to update the court over their housing

situation.

{¶ 46} Mother and Father failed to provide an update on their housing situation in

the final 11-day period. The juvenile court then granted the Agency's motion for permanent

custody. The juvenile court found that granting permanent custody to the Agency was in

the children's best interest. In so holding, the court noted, among other things, that there

was "limited progress on the case plan," that Mother participated in mental health

counseling but "did not appear to make progress outside of the counseling setting," that

Father did not participate in mental health counseling, and that "even if the parents were

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to obtain housing, the Court has doubts as to whether the parents could maintain the

cleanliness of the home since they were not able to do so previously with support from

the Agency." The court also explained that the mental health of the parents is a critical

issue that must be fully addressed before reunification can be considered. Likewise, the

court further noted that if the children were returned, Mother would likely have to quit her

job, and Mother "being placed in the role of stay-at-home parent again would result in the

same living situation that brought the family before the Court." Additionally, the juvenile

court recognized that the children had been in the Agency's custody for 12 out of the last

22 months and that the children could not and should not be placed with either Mother or

Father in a reasonable time.

{¶ 47} Mother and Father both appealed.

II. Legal Analysis

{¶ 48} Mother raised one assignment of error and Father raised two. We will

address Mother's assignment of error and Father's first assignment of error together as

they raise similar arguments.

A. Weight and Sufficiency of the Evidence

{¶ 49} Mother's assignment of error states:

THE JUVENILE COURT ERRED BY GRANTING PERMANENT CUSTODY TO THE AGENCY CONTRARY TO LAW AND THE CHILDREN'S BEST INTEREST.

{¶ 50} Father's first assignment of error states:

THE TRIAL COURT ERRED WHEN GRANTING PERMANENT CUSTODY OF THE CHILDREN TO THE AGENCY.

{¶ 51} Both Mother and Father make various arguments on appeal as to why the

juvenile court's permanent custody findings are not supported by sufficient evidence or - 16 - Clinton CA2025-06-028 CA2025-06-030

are otherwise against the manifest weight of the evidence. Some of these arguments

touch upon concepts relevant to the two prongs of R.C. 2151.414(B)(1)'s permanent

custody test, and we will address their arguments within that framework where relevant

below.

1. Applicable Law and Standards of Review

{¶ 52} "Before a natural parent's constitutionally protected liberty interest in the

care and custody of [their] child[ren] may be terminated, the state is required to prove by

clear and convincing evidence that the statutory standards for permanent custody have

been met." In re M.G., 2023-Ohio-1316, ¶ 44 (12th Dist.); R.C. 2151.414(E). Under R.C.

2151.414(B)(1), the juvenile court may terminate parental rights and award permanent

custody of a child to a children services agency if the court makes findings pursuant to a

two-part test. In re K.P., 2022-Ohio-1347, ¶ 17 (12th Dist.). First, R.C. 2151.414(B)(1)

provides that the juvenile court must find that the grant of permanent custody to the

agency is in the "best interest" of the child. In re M.H., 2022-Ohio-48, ¶ 35 (12th Dist.).

Second, the juvenile court must find that one of the circumstances set forth in R.C.

2151.414(B)(1)(a) to (e) apply. In re R.B., 2022-Ohio-1705, ¶ 31 (12th Dist.). Those

circumstances include, but are not limited to: (1) the child is abandoned, R.C.

2151.414(B)(1)(b); (2) the child is orphaned, R.C. 2151.414(B)(1)(c); (3) the child has

been in temporary custody of one or more public children services agencies for 12 or

more months of a consecutive 22-month period, R.C. 2151.414(B)(1)(d); (4) the child has

been removed from the parents' custody or been adjudicated as abused, neglected, or

dependent on three separate occasions, R.C. 2151.414(B)(1)(e); and (5) the

circumstances described in R.C. 2151.414(B)(1)(b), (c), (d), and (e) do not apply and the

child cannot be placed with either the child's parents within a reasonable time or should

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not be placed with the parents, R.C. 2151.414(B)(1)(a). In re J.B., 2023-Ohio-2454, ¶ 13,

(12th Dist.). Only one of these circumstances need to apply to satisfy the second prong

of the two-part permanent custody test. In re C.S., 2020-Ohio-4414, ¶ 16 (12th Dist.).

{¶ 53} "An appellate court's review of a juvenile court's decision granting

permanent custody is generally limited to considering whether sufficient credible evidence

exists to support the juvenile court's determination." In re A.S., 2019-Ohio-4127, ¶ 19

(12th Dist.). However, "[e]ven if there is sufficient evidence to support the juvenile court's

decision, an appellate court may nevertheless reverse a permanent custody judgment if

it finds the judgment to be against the manifest weight of the evidence." In re G.A., 2023-

Ohio-643, ¶ 18 (12th Dist.), citing In re F.S., 2021-Ohio-345, ¶ 61 (12th Dist.). In

determining whether a juvenile court's judgment is against the manifest weight of the

evidence, an appellate court "'weighs the evidence and all reasonable inferences,

considers the credibility of witnesses and determines whether in resolving conflicts in the

evidence, the finder of fact clearly lost its way and created such a manifest miscarriage

of justice that the judgment must be reversed and a new trial ordered.'" In re S.M., 2019-

Ohio-198, ¶ 16 (12th Dist.), quoting Eastley v. Volkman, 2012-Ohio-2179, ¶ 20. The

presumption in weighing the evidence favors the finder of fact, which we are especially

mindful of in custody cases. In re R.K., 2021-Ohio-3074, ¶ 15 (12th Dist.). Therefore, if

the evidence is susceptible to more than one construction, the reviewing court is bound

to give it the interpretation that is consistent with the verdict and judgment. In re D.S.,

2022-Ohio-998, ¶ 63 (12th Dist.).

2. First Part of Permanent Custody Test: Best Interest Analysis

{¶ 54} R.C. 2151.414(D)(1) provides that in considering the best interest of a child

in a permanent custody hearing, a juvenile court must consider all relevant factors,

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including, but not limited to, the following:

(a) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out- of-home 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 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 division (E)(7) to (11) of this section apply in relation to the parents and child.

A juvenile court may also consider any other factors it deems relevant to the child's best

interest. In re A.J., 2019-Ohio-593, ¶ 24 (12th Dist.).

{¶ 55} In this case, the juvenile court evaluated each of the best interest factors

and concluded that granting permanent custody of the children was in their best interest.

Upon review, we agree.

{¶ 56} As to the first best-interest factor—that is, the interaction and

interrelationship of the children with their parents, foster caregivers, and others, R.C.

2151.414(D)(1)(a)—the evidence is mixed.

{¶ 57} The evidence demonstrated that while Mother and Father regularly visited

with the children when they were in the Agency's temporary custody, they seemed unable

to control the children. This resulted in visits that were chaotic, with the children being

"loud and obnoxious" and disobedient. Father would yell and scream out of frustration at

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the children during supervised visits and would focus only on Ralph. However, this

situation improved somewhat after Mother and Father participated in a required parenting

skills class.

{¶ 58} Notably, Mother and Father did not even request out-of-agency or

community visits. Even if they had made such a request, the Agency was concerned

about what would occur outside of unsupervised visits. Regardless, the lack of information

in the record about how Mother and Father would have dealt with the children outside of

a supervised setting after completing parenting classes limits our ability to assess their

current parenting skills. And we note it remains a concern that, prior to the children's

removal from the home, Father's behavior suggesting physical abuse resulted in the

Agency needing to require Mother to supervise Father when he was with the children.

{¶ 59} On the positive side, Mother was described as "loving" and attentive to the

needs of the children during visits. Mother repeatedly asked questions about Charles'

leukemia and febrile seizures, Stephen's eczema, and Francis's behavior. Mother even

cut visits short to accommodate the children's needs. Mother worked on the case plan

and showed progress during counseling sessions. But on the negative side, the record

supports Hawkins' assessment that Mother felt caught in the middle between Father and

the children and as a result she did not make the "deep changes" she needed to make to

be reunified with her children, particularly with regard to her mental health.

{¶ 60} Conversely, Father minimally engaged in the case plan. On one occasion,

Father told Mother that they should "just wash their hands of it and sign off the kids" so

they could "start over." Another time, Father stated at visitation that he didn't "have to do

this" and that he was "going to the car." There were also concerns that Father only paid

attention to the youngest child, Ralph. Even then, the record demonstrates that Father

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would repeatedly look at his phone during visits and would not engage with his children.

Collectively, these comments and actions encapsulate Father's apparent indifference

towards the children and to reunifying with them.

{¶ 61} Meanwhile, the children generally have good relationships with one another,

which would likely be harmed if permanent custody were granted. The seven children are

separated among three foster homes and likely will not be adopted together; even the five

children who are currently placed in one foster home would likely be separated. The

evidence demonstrates that Charles' foster family would likely adopt him, and that the

other foster families have not expressed a desire to adopt the children. No other suitable

or willing family options were identified as appropriate placements. In any event, the state

failed to offer detailed testimony about the children's interactions with their current foster

placements, leaving a gap in the evidence that undermines its own case.

{¶ 62} In summary, while Father tends to ignore his children, and engaged in

behavior that rightly resulted in their removal from the home early in this matter, Father

seems to have at least somewhat addressed these negative behaviors after participating

in parenting classes. Even so, he continued to act in a manner that showed disinterest in

the children. Meanwhile, Mother has shown that she is devoted to the children and has

expressed willingness to make changes to provide a better environment for them. Also,

the state's key witness admitted that separating the children would be detrimental to their

well-being.

{¶ 63} Ultimately, this first best-interest factor, while presenting a close question,

favors Mother and Father. They have at least made steps towards improving their

parenting, while the state has offered little information about the children's foster families

or potential for adoption, and that permanent custody would likely result in the children

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being separated from one another.

{¶ 64} As to the second best-interest factor—the wishes of the children, R.C.

2151.414(D)(1)(b)—the GAL opined in her report that permanent custody of the children

should be granted to the Agency. The record does not indicate whether the five oldest

children expressed their wishes to the GAL and the two youngest children cannot

articulate their wishes due to their young ages. However, the GAL did cancel the in-

camera review to protect the children from getting their hopes up on returning to Mother

and Father, which indicates that the GAL had some indications on how the children were

feeling. The GAL observed several visitations with Mother and Father, and the foster

families, and reported that the children were "thriving" in clean environments. She also

stated that the two youngest children had bonded with their foster families and did not

express any concerns about the five other children's foster family. The record does not

reflect that the children had any behaviors or clear expressions that would indicate that

they wanted to be back with Mother and Father.

{¶ 65} While this is a close call, and this court wishes that the GAL provided more

detail in her report, we give deference to the GAL who observed the children for over a

year in their respective foster families, and during visits with Mother and Father. The

second factor favors an award of permanent custody to the Agency.

{¶ 66} As to the third best-interest factor—the custodial history of the children, R.C.

2151.414(D)(1)(c)—all of the children have been in the Agency's temporary custody since

June of 2023. Therefore, this third best interest factor favors an award of permanent

custody to the Agency.

{¶ 67} As to the fourth best-interest factor—the children's need for a legally secure

permanent placement, R.C. 2151.414(D)(1)(d)—the record demonstrates that neither

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Mother nor Father can provide the children with such a placement. While Mother engaged

in her mental health treatment, she did not make the "deep changes" that were warranted.

Likewise, Father minimally engaged in the case plan, leaving his mental health issues

untreated.

{¶ 68} Most critically, at the time of the permanent custody hearing, Mother and

Father did not have a stable home for their seven children. They were effectively

homeless, living in a hotel room for over a year. And this was not the first such instance;

they had previously lived in a hotel with their children for over two years. Despite recent

efforts to secure a home, Mother and Father did not act soon enough and should have

realized much sooner that living in a hotel room is not suitable for seven children. We

recognize the difficulties in obtaining a home in this current market, but Mother and Father

had more than a year to find a suitable home. Even if they had secured a small apartment

for only themselves, this would have surely cost less money than paying for $90/day hotel

room, and would have allowed them to save up money for a larger apartment or house

that could accommodate the children.9 But even if Mother and Father had secured

another residence in time, we share the juvenile court's concerns that the family's home

would return to deplorable conditions, just as it did after the Agency first provided

assistance in cleaning up the home.

{¶ 69} This is not to say the state offered a significantly better alternative. The

record demonstrates that only Charles' foster family indicated that they would adopt him,

while the other children are likely to remain in foster care, which is not a permanent

solution. However, the scant evidence offered by the state indicates that the children have

9. We note that Mother and Father's hourly wages at Amazon, assuming full-time work, result in a family income of more than $85,000 per year—certainly enough to not have to live in a hotel room. - 23 - Clinton CA2025-06-028 CA2025-06-030

been doing reasonably well in their foster placements.

{¶ 70} On balance, then, we find that the fourth best-interest factor favors the

Agency receiving permanent custody. Mother and Father clearly have not taken the steps

needed to provide a legally secure permanent placement.

{¶ 71} The trial court considered an additional best-interest factor found in R.C.

2151.414(E)(1)—that is, whether Mother and Father had "failed continuously and

repeatedly to substantially remedy the conditions causing the child[ren] to be placed

outside the child's home." The juvenile court found this to be the case, and for reasons

already stated above, we agree.

{¶ 72} As a result of the foregoing, we conclude that the juvenile court did not err

in finding the best interest factors weighed in favor of awarding permanent custody to the

Agency. This is not to say that we are not concerned by the relatively small amount of

evidence offered in this case (at least when compared to most permanent custody cases

brought before this court on appeal) given the life-altering seriousness of permanent

custody decisions applicable to seven children.10 But as explained above, in reviewing a

juvenile court's permanent custody decision in which the evidence is susceptible to more

than one construction—as is certainly the case here—we are "bound to give [the

evidence] that interpretation which is most favorable and consistent with the verdict and

judgment." In re D.S., 2022-Ohio-998, ¶ 63 (12th Dist.), citing Eastley v. Volkman, 2012-

Ohio-2179, ¶ 21. In doing so, we note there is evidence supporting the juvenile court's

conclusion that despite Mother's (and to some extent Father's) efforts, the most serious

10. This case involves a mere 133 pages of testimony at the initial permanent custody, a mere 12 documentary exhibits, and only two witnesses offered by the state (offering little testimony about the children's foster placements or the children's present conditions and wellness). While we find there is minimal sufficient evidence to satisfy the applicable permanent custody standard, this case certainly could have been litigated in a more robust manner that would have given the juvenile court and this court more information on which to make decisions. - 24 - Clinton CA2025-06-028 CA2025-06-030

issues—housing and mental health—remain unaddressed or insufficiently addressed,

such that the juvenile court's best interest finding is not legal error. There is sufficient

credible evidence to support the juvenile court's determination that awarding permanent

custody to the Agency was in the best interests of the children, and the juvenile court's

determination is not against the manifest weight of the evidence.

3. The Second Part of the Permanent Custody Test

{¶ 73} As mentioned above, the juvenile court found that two of the circumstances

under the second prong of the permanent custody test were met. Specifically, the court

found that (1) the children had been in the Agency's custody for at least 12 of the last 22

months (referencing the "12 of 22" circumstance described in R.C. 2151.414[B][1][d]),

and (2) the children could not or should not be placed with either the Mother or Father in

a reasonable time (referencing the "reasonable time" circumstance described in R.C.

2151.414[B][1][a]).

{¶ 74} On appeal, Mother and Father do not challenge the juvenile court's "12 of

22" finding. Because they do no not challenge the "12 of 22" finding, we do not need to

review that finding. In re Z.B., 2024-Ohio-5387, ¶ 32 (12th Dist.). However, we note that

the record unquestionably establishes that the "12 of 22" finding was met because the

children were placed in temporary custody of the Agency in June of 2023, were

adjudicated dependent in August of 2023, and remained in the Agency's custody through

the date the Agency filed for permanent custody, in October of 2024. As such, the state

satisfied the second prong of the permanent custody test.

4. Reasonable Efforts

{¶ 75} Mother also argues that the juvenile court failed to issue written findings of

fact stating the reasons supporting its reasonable efforts determination under R.C.

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2151.419. Mother states that the plain reading of R.C. 2151.419(B)(1) requires the

juvenile court to state why the court found that the Agency made reasonable efforts for

reunification.

{¶ 76} Mother's argument is misguided because R.C. 2151.419 is not relevant to

our permanent custody analysis on appeal. "Generally, a juvenile court does not have to

make a reasonable efforts determination pursuant to R.C. 2151.419(A)(1) in a permanent

custody hearing. In re K.K., 2017-Ohio-9098, ¶ 55 (12th Dist.), citing In re C.F., 2007-

Ohio-1104, ¶ 41. "By its terms, R.C. 2151.419 applies only at a hearing held pursuant to

R.C. 2151.28, 2151.31(E), 2151.33 or 2151.251." Id. "These sections involve

adjudicatory, emergency, detention, and temporary-disposition hearings, and

dispositional hearings for abused, neglected, or dependent children, all of which occur

prior to a decision transferring permanent custody to the state" and are not at issue in this

appeal. Id. Therefore, Mother's "reasonable effort" argument is not relevant to our

permanent custody analysis on appeal.

{¶ 77} Considering the foregoing, we conclude that juvenile court's decision was

supported by sufficient evidence and not against the manifest weight of the evidence, and

we overrule Mother's assignment of error and Father's first assignment of error.

B. Failure to Conduct In-Camera Interviews

{¶ 78} Father's second assignment of error states:

THE TRIAL COURT ERRED WHEN IT FAILED TO CONDUCT IN CAMERA INTERVIEWS OF THE CHILDREN.

{¶ 79} Father argues on appeal that the juvenile court was required under

R.C.2151.414(D)(1) to conduct in-camera interviews to determine the children's wishes.

1. Factual and Procedural Background

{¶ 80} The record reflects that the juvenile court scheduled an in-camera interview

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with the five oldest children after the first permanent custody hearing date for the purpose

of determining the children's wishes. But because Mother and Father did not secure

housing, the GAL requested that the in-camera review be cancelled. On the second

permanent custody hearing date, the juvenile court cancelled the in-camera interviews at

the request of the GAL, who expressed that she did not want to get the children's hopes

up. Mother and Father did not object, nor did they request another in-camera review.

Accordingly, there was no in-camera review, and the court relied on the GAL report in

determining the best wishes of the children.

2. Applicable Law and Standard of Review

{¶ 81} R.C. 2151.414(D)(1) states that, "[i]n determining the best interests of a

child at a hearing . . . the court shall consider all relevant factors, including, but not limited

to . . . (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 . . ." (Emphasis added.)

"The statute unambiguously gives the trial court the choice of considering the child's

wishes directly from the child or through the guardian ad litem." (Emphasis added.) In re

C.F., 2007-Ohio-1104, ¶ 55. "The statute does not impose the additional requirement that

the trial court also consider whether the children want to testify or whether testifying would

be detrimental to them." Id. "The trial court has discretion to accept testimony of the

guardian ad litem on the child's wishes rather than hearing a direct expression of those

wishes made by the child." Id. at ¶ 56. "The trial court should not be overruled absent a

showing that the court acted in an unreasonable, arbitrary, or unconscionable manner."

Id.

3. Analysis

{¶ 82} In this case, the GAL filed a report which indicated that granting permanent

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custody to the Agency is in the best interest of the children. Although the children did not

directly express their wishes, the GAL believed that it was in the best interest of the

children to grant permanent custody to the Agency, after observing and interacting with

the children for over a year. Likewise, the GAL indicated that Mother and Father do not

have secure housing for their children, and that the children are doing well in their foster

families. Moreover, upon the cancellation of the in-camera review, Mother and Father did

not object, nor did they request another one. Therefore, upon our review, the trial court

did not abuse its discretion in relying on the GAL report in determining the children's

wishes.

{¶ 83} We overrule Father's second assignment of error.

III. Conclusion

{¶ 84} For these reasons, we conclude the juvenile court did not err by determining

that it was in the children's best interest to grant permanent custody to the Agency. The

juvenile court's decision to grant permanent custody of the children to the Agency was

supported by clear and convincing evidence and was not against the manifest weight of

the evidence. We overrule Mother's assignment of error, and Father's two assignments

of error.

{¶ 85} Judgment affirmed.

HENDRICKSON, P.J., and M. POWELL, J., concur.

JUDGMENT ENTRY

The assignments of error properly before this court having been ruled upon, it is the order of this court that the judgment or final order appealed from be, and the same hereby is, affirmed.

It is further ordered that a mandate be sent to the Clinton County Court of Common - 28 - Clinton CA2025-06-028 CA2025-06-030

Pleas, Juvenile Division, for execution upon this judgment and that a certified copy of this Opinion and Judgment Entry shall constitute the mandate pursuant to App.R. 27.

Costs to be taxed in compliance with App.R. 24.

/s/ Robert A. Hendrickson, Presiding Judge

/s/ Mike Powell, Judge

/s/ Matthew R. Byrne, Judge

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