In re R.H.

2025 Ohio 1377
CourtOhio Court of Appeals
DecidedApril 17, 2025
DocketOT-24-024, OT-24-037
StatusPublished

This text of 2025 Ohio 1377 (In re R.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 R.H., 2025 Ohio 1377 (Ohio Ct. App. 2025).

Opinion

[Cite as In re R.H., 2025-Ohio-1377.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT OTTAWA COUNTY

In re R.H., R.S. Court of Appeals No. OT-24-024 OT-24-037

Trial Court No. 2023 JUV 075 2023 JUV 076

DECISION AND JUDGMENT

Decided: April 17, 2025

***** Christopher N. Enoch, for appellee.

James E. Haughn, for appellant.

*****

SULEK, P.J.

{¶ 1} In this consolidated appeal, appellant-mother, L.H., appeals from a judgment

of the Ottawa County Common Pleas Court, Juvenile Division, denying her motion for

legal custody of her children R.H. and R.S., and instead granting the Ottawa County

Department of Job and Family Services’ (“the agency”) motion to award legal custody of

the children to their maternal grandmother, A.S. For the following reasons, the juvenile

court’s judgment is affirmed. I. Facts and Procedural History

{¶ 2} L.H. is the mother of R.H., born May 2019, and R.S., born October 2021.

D.S. is the children’s father. On February 27, 2023, the agency requested emergency

temporary custody of the children due to safety concerns. An attached affidavit claimed

that on February 13, 2023, mother went for an assessment and told the interviewer that

she has attempted to choke her children when irritated. She also told the interviewer that

she killed her pet birds due to their chirping.

{¶ 3} The next day, an agency caseworker conducted an unannounced home visit

with mother and R.S. (R.H. was visiting father). Mother stated that her anxiety and

ADHD cause her to be very disorganized and anxious about being alone with the children

and being in public. She admitted she accidentally killed her bird while disciplining it.

She denied ever harming her children but admitted that when she gets upset, she “thinks”

about choking them. Mother agreed to accompany the caseworker to the children’s

grandmother’s home where they would stay until her mental health stabilized.

{¶ 4} Maternal grandmother and mother signed a safety plan providing that

grandmother would keep the children safe and that mother would not be left unsupervised

with them. On February 25, 2023, the agency learned that mother absconded with the

children during the night and they could not be located.

{¶ 5} On February 27, 2023 the court granted the agency’s motion for emergency

temporary custody. The next day, the agency filed a complaint alleging that R.H. and

R.S. were abused and dependent children and were currently in the custody of Duval

County Child Protective Services in Jacksonville, Florida. By agreement of the parties,

2. the agency amended its complaint by removing the abuse allegation. On March 28, 2023,

mother and father admitted the dependency violation and the juvenile court adjudicated

R.H. and R.S. dependent children.

{¶ 6} The initial case plan with a reunification goal provided that mother complete

a mental health assessment, be honest and forthcoming during the assessment, and follow

through with all recommendations. The plan also provided she complete a parenting

program, attend all scheduled visits, maintain sobriety and submit to random drug

screens, maintain safe and stable housing and financial stability, and sign all necessary

releases for the agency.

{¶ 7} On June 1, 2023, father moved for legal custody of the children. He stated

that he had adequate employment, is able to care for the children, and has recently

provided much of their care due to mother’s “disability.”

{¶ 8} Maternal grandmother moved for legal custody on August 28, 2023, stating

that she has acted in “loco parentis” regarding the children’s care since their respective

births. She made various claims relating to the parents’ inability to properly care for the

children.

{¶ 9} The agency also moved to have legal custody awarded to maternal

grandmother, claiming that it would be in the children’s best interests as they have been

in grandmother’s care since March 2023, and are safe and all their needs are met. The

motion noted mother’s lack of compliance with the mental health provisions of the case

plan, her violation of the prior safety plan and her pending criminal matters, and father’s

struggles with chemical dependency and lack of suitable housing. Grandmother

3. subsequently dismissed her legal custody motion stating that based on the agency’s

motion it was duplicative and moot.

{¶ 10} On February 23, 2024, mother moved for legal custody. She stated that she

was regularly attending therapy and her mental health has improved, she completed

parenting classes, and she is employed.

{¶ 11} The GAL filed his report on April 2, 2024. At the April 9, 2024,

dispositional hearing on the motions for legal custody, the GAL testified that his

interactions with mother have changed over time. Mother initially failed to appreciate

her mental health issues and could not grasp why she could not have her children; she

now is engaged in counseling, compliant with her medications, and more “on top of life.”

{¶ 12} The GAL acknowledged that although mother had been found incompetent

in a pending criminal matter; she had since been found competent. The GAL testified

that mother had pending felony and misdemeanor cases and has applied for diversion for

the felony.

{¶ 13} The GAL agreed that it would have been helpful to review mother’s mental

health records. He stated that 99 per cent of the time the records are available as part of

discovery. The GAL stated that mother is employed and shares a small home with a

roommate who was “pleasant” upon meeting. It is currently a one-bedroom but there are

two small bedrooms under construction. The home is clean and “acceptable.”

{¶ 14} Overall, the GAL believed that mother is not ready for full-time parenting.

He felt that mother still needs to work on her mental health issues. She also needed to

work on her relationship with her mother, the children’s grandmother.

4. {¶ 15} Mother is currently limited to supervised visitation with the children. She

has chosen not to participate in visits anymore because it is not a “natural” situation.

During the time she attended visitation, there were no reports of any inappropriate

behaviors. The GAL would have liked to see mother continue with the visits.

{¶ 16} Regarding father, the GAL testified that approximately two days per week

he has unsupervised, overnight visits with the children at his home. Father works a lot

limiting his time to be with his children. The GAL testified that father uses marijuana for

back pain and, likely, recreationally. Though father states that he does not smoke around

the children, they have been reported to smell like smoke. The GAL thought that father

smoked outside or sitting in a “disabled” vehicle; the house does not smell like smoke.

{¶ 17} The GAL testified that father lives in a nicely converted garage. It has one

bedroom with what looks like another bedroom under construction. The GAL stated that

it was not a long-term solution because the children are mix-gendered. Father would

ultimately like to move into the house at the front of the property; a tenant currently

resides there.

{¶ 18} The GAL testified that based on these factors, father is not currently

equipped to be a full-time parent. He clarified that the term encompasses the ability to

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 1377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rh-ohioctapp-2025.