Opinion

In re C.H.

  • 2025 Ohio 5351
Court
Ohio Court of Appeals
Filed
Nov 26, 2025
Status
Published
On the bench
Klatt
Cited by
0 cases
Authority
More cited than 37.2%

The opinion

[Cite as In re C.H., 2025-Ohio-5351.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

IN RE C.H., JR. :

: No. 115187

A Minor Child :

:

[Appeal by C.H., Father] :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: November 26, 2025

Civil Appeal from the Cuyahoga County Court of Common Pleas

Juvenile Division

Case No. AD22906112

Appearances:

Edward F. Borkowski, Jr., for appellant.

Michael C. O’Malley, Cuyahoga County Prosecuting

Attorney, and Kelly Wojtila, Assistant Prosecuting

Attorney, for appellee.

WILLIAM A. KLATT, J.:

Appellant-father C.H. (“Father”) appeals the juvenile court’s decision

terminating his parental rights and awarding permanent custody of his child, C.H.,

Jr. (d.o.b. 1/15/2019) (“C.H.” or “the child”) to the Cuyahoga County Division of

Children and Family Services (“CCDCFS” or “the agency”). For the following

reasons, we affirm.

I. Factual and Procedural History

This case arises from a June 17, 2022 complaint for neglect,

dependency, and temporary custody filed by the agency.1 The complaint alleged that

both Mother and Father had substance-abuse issues, that they lack stable housing

to provide for the child’s basic needs, and that “the child was previously adjudicated

neglected and dependent due, in part, to Mother and Father’s substance abuse, and

the child was previously committed to the temporary custody of CCDCFS prior to

being reunited with Mother and Father in May 2020.” The complaint also alleged

that Father has another child who was previously adjudicated neglected and

dependent partly because of Father’s substance abuse.

On June 21, 2022, the court granted temporary custody of the child

to the agency, the child was adjudicated to be dependent, and a case plan was

developed toward reunification.

A semiannual review (“SAR”) filed July 25, 2022, noted that Father

was incarcerated and had not engaged in visitation services. The SAR also noted

that the agency had ongoing concerns regarding Father’s drug use, that Father was

currently using drugs, and that Father had pending drug-related charges.

On August 1, 2022, the court appointed a guardian ad litem (“GAL”)

for the child.

On September 14, 2022, the agency filed an amended complaint.

1 The record reflects that the initial complaint was dismissed for failure to reach a

resolution within the required statutory timeframe.

A December 29, 2022 SAR noted that on December 6, 2022, Father

was sentenced to five years in prison. Subsequently, the record reflects that Father

engaged in and largely completed case-plan services while incarcerated.

On April 12, 2023, the agency filed a motion for first extension of

temporary custody and request for specific findings. On May 1, 2023, the magistrate

granted the agency’s motion for a first extension of temporary custody. In a

corresponding journal entry, the court found that the agency “has made reasonable

efforts and continues to make reasonable efforts to make it possible for the child to

safely return home through the provision of supportive services” and further that

the agency “has made reasonable efforts to finalize the permanency plan for the

child.” On May 17, 2023, the court adopted the May 1, 2023 magistrate’s decision.

On August 22, 2023, the agency filed a motion for a second extension

of temporary custody and request for specific findings. The magistrate granted the

agency’s motion on September 20, 2023, and made reasonable-efforts findings. On

October 6, 2023, the court adopted the magistrate’s decision.

On February 26, 2024, the agency filed a motion to modify temporary

custody to permanent custody.

On April 17, 2025, the court held a trial on the agency’s motion for

permanent custody.

CCDCFS caseworker Leonid Tselentchook (“Tselentchook”) testified

that he became involved with the case in July 2024, and that in this case, C.H. had

been in agency custody since April 2022. He testified that the child had previously

been in agency custody in a separate case, but Mother and Father had regained

custody of C.H. in that case.

Tselentchook testified that he supervised visits with C.H. and Father

at Father’s correctional facility, and he described Father and C.H.’s interactions as

“very good.” (Tr. 36.) He also testified that while incarcerated, Father completed his

case-plan services, related to parenting and substance abuse.

Father testified that he had been incarcerated since April 2022 related

to his convictions for drug possession and drug trafficking. He testified that his

earliest anticipated release date was late November 2025, at which point he would

be able to serve the last six months of his sentence in transitional control or a halfway

house. Father also testified that he has been sober since April 2022. Father testified

as to the programs he had completed while incarcerated, as well as to the services

that would potentially be available to assist him with his reentry transition. Father’s

counsel introduced a letter confirming that his employment at the time of trial would

continue upon his release.

The child’s GAL testified that C.H. had behavioral problems in his

foster placement and at school. She testified that while she recognized that the court

might be limited by statutory guidelines regarding extending temporary custody,

she did not believe it was in C.H.’s best interests to terminate Mother and Father’s

parental rights.

On April 22, 2025, Father filed a bench brief to supplement his

arguments from the April 17 hearing. On April 25, 2025, Mother filed a response in

support of Father’s bench brief. On April 28, 2025, the agency filed a bench brief to

supplement its arguments from the April 17, 2025 hearing.

On May 9, 2025, the court granted the agency’s motion for permanent

custody. In a corresponding journal entry, the court made the following findings, in

relevant part:

Pursuant to O.R.C. 2151.414(B)(1):

(d) The child has been in temporary custody of a public children

services agency or private child placing agency for twelve or more

months of a consecutive twenty-two-month period.

With respect to the best interest of the child, the Court has considered

the following factors under O.R.C. 2151.414(D)(1):

(a) The interaction and interrelationship of the child with the child’s

parents, siblings, relatives, and 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 a public children services agency or

private child placing agency under one or more separate orders of

disposition for twelve or more months of a consecutive twenty-two-

month period.

(d) The child’s need for a legally secure placement and whether that

type of placement can be achieved without a grant of permanent

custody.

(e) Whether any factors in divisions (E)(7) to (11) of this section apply

in relation to the parents and the child.

With respect to the best interest of the child, the Court finds that

pursuant to O.R.C. 2151.414(D)(2), that all of the following apply:

(a) The Court determines by clear and convincing evidence that one or

more of the factors in division (E) of this section exist and the child

cannot be placed with one of the child’s parents within a reasonable

time or should not be placed within a reasonable time or should not be

placed with either parent.

(b) The child has been in the agency’s custody for two years or longer

and no longer qualifies for temporary custody pursuant to division (D)

of section 2151.415 of the Ohio Revised Code.

(c) The child does not meet the requirements for a planned permanent

living arrangement pursuant to division (A)(5) of Section 2151.353 of

the Ohio Revised Code.

(d) Prior to the dispositional hearing, no relative or interested person

has filed, or has been identified in, a motion for legal Custody.

As all of these sections apply, permanent custody is in the best interest

of the child, and this Court as required by this statute, shall commit the

child to the permanent custody of CCDCFS.

The court went on to find:

Pursuant to O.R.C. 2151.414(E): The Court finds that the child cannot

be placed with one of the child’s parents within a reasonable time of

should not be placed with either parent.

(1) Following the placement of the child outside the child’s home and

notwithstanding reasonable case planning and diligent efforts by the

agency to assist the parents to remedy the problems that initially

caused the child to be placed outside the home, the parent has failed

continuously and repeatedly to substantially remedy the conditions

causing the child to be placed outside the child’s home. Applies to

Mother.

(2) The chronic mental illness, chronic emotional illness, mental

retardation, physical disability, or chemical dependency of the parent

that is so severe that it makes the parent unable to provide an adequate

permanent home for the child at the present time and, as anticipated,

within one year. Mother has chemical dependency.

(16) Any other factor the Court finds relevant: Father is currently

incarcerated and has been since 2022. Father and Mother remain

married to each other. Father has remained sober and is maintaining

a job since February 6, 2025 while incarcerated and maintained as

strong bond as possible with child. However, father shall continue to

be incarcerated or in related step down facility or halfway house

through rest of 2025.

On June 2, 2025, Father and Mother filed separate notices of appeal.2

Father raises a single assignment of error for our review:

The trial court abused its discretion by granting permanent custody of

Appellant’s [child] to CCDCFS against the manifest weight of the

evidence.

II. Law and Analysis

A parent has a fundamental interest in the care and custody of their

child. In re L.W., 2019-Ohio-1343, ¶ 20 (8th Dist.). However, parental rights are

not absolute: “‘The natural rights of a parent are always subject to the ultimate

welfare of the child, which is the polestar or controlling principle to be observed.’”

In re L.D., 2017-Ohio-1037, ¶ 29 (8th Dist.), quoting In re Cunnigham, 59 Ohio

St.2d 100, 106 (1979). When deciding to terminate an individual’s parental rights

to their children, the goal “‘is to make a more stable life for the dependent children

and to facilitate adoption to foster permanency for children.’” In re U.B., 2025-

Ohio-1265, ¶ 22 (8th Dist.), quoting In re N.B., 2015-Ohio-314, ¶ 67 (8th Dist.). The

main focus of any child-custody decision must be what is in the best interests of the

child. See Venable v. Venable, 3 Ohio App.3d 421, 423 (8th Dist. 1981).

R.C. 2151.414 sets out specific findings a juvenile court must make

before granting an agency’s motion for permanent custody of a child. To grant

2 This appeal is a companion case to Mother’s appeal, In re C.H., Jr., 8th Dist.

Cuyahoga No. 115194.

permanent custody, the juvenile court is required to engage in a two-prong

approach. The juvenile court must find clear and convincing evidence that (1) one

or more of the conditions set forth in R.C. 2151.414(B)(1)(a)-(e) exist, and (2) a grant

of permanent custody is in the child’s best interest. R.C. 2151.414(D)(1) and (2).

Clear and convincing evidence has been defined as “‘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.’” In re K.H., 2008-Ohio-4825,

¶ 42, quoting Cross v. Ledford, 161 Ohio St. 469 (1954). “‘We will not reverse a

juvenile court’s termination of parental rights and award of permanent custody to

an agency unless the judgment is not supported by clear and convincing evidence.’”

In re U.B. at ¶ 23, quoting In re L.A., 2024-Ohio-5103, ¶ 17 (8th Dist.).

The Ohio Supreme Court has held that

the proper appellate standards of review to apply in cases involving a

juvenile court’s decision under R.C. 2151.414 to award permanent

custody of a child and to terminate parental rights are the sufficiency-

of-the-evidence and/or manifest-weight-of-the-evidence standards, as

appropriate depending on the nature of the arguments that are

presented by the parties.

In re Z.C., 2023-Ohio-4703, ¶ 18. Here, Father presents a single assignment of error

alleging that the award of permanent custody was error because it was against the

manifest weight of the evidence.

In reviewing a juvenile court’s decision regarding permanent custody

on manifest-weight-of-the-evidence grounds,

the appellate court must weigh the evidence and all reasonable

inferences, consider the credibility of the witnesses, and determine

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. [Eastley v.

Volkman, 2012-Ohio-2179,] ¶ 20. “In weight the evidence, the court of

appeals must always be mindful of the presumption in favor of the trier

of fact.” Id. at ¶ 21. “The underlying rationale of giving deference to

the findings of the trial court rests with the knowledge that the trial

judge is best able to view the witnesses and observe their demeanor,

gestures and voice inflections, and use these observations in weighing

the credibility of the proffered testimony.” Seasons Coal Co., Inc. v.

Cleveland, 10 Ohio St.3d 77, 80, 461 N.E.2d 1273 (1984). “‘If the

evidence is susceptible of more than one construction, the reviewing

court is bound to give it that interpretation which is consistent with the

verdict and judgment, most favorable to sustaining the verdict and

judgment.’” Id. at fn. 3, quoting 5 Ohio Jurisprudence 3d, Appellate

Review, Section 604, at 191-192 (1978).

In re Z.C. at ¶ 14.

A. R.C. 2151.414(B)(1)(a)-(e) Findings

In the instant case, the trial court made a finding pursuant to R.C.

2151.414(B)(1)(d), that the child had been in agency custody “for twelve or more

months in a consecutive twenty-two month period.” Father does not dispute this

finding.

B. R.C. 2151.414(D) — Best Interests of the Child

Once the juvenile court found that one of the enumerated R.C.

2151.414(B)(1) factors applied, the court moved on to the second prong of the two-

prong test and conducted an analysis of the child’s best interests. The juvenile court

had to find by clear and convincing evidence that it was in C.H.’s best interests to

grant permanent custody to the agency. In re L.W., 2019-Ohio-1343, ¶ 36 (8th

Dist.); R.C. 2151.414(D). The focus of a best interest determination is the child, not

the parent. In re R.G., 2016-Ohio-7897, ¶ 28 (8th Dist.), citing In re N.B., 2015-

Ohio-314, ¶ 59 (8th Dist.); In re Awkal, 95 Ohio App.3d 309, 315 (8th Dist. 1994).

Pursuant to R.C. 2151.414(D)(2), if all of the following apply, then

[p]ermanent custody is in the best interest of the child, and the court

shall commit the child to the permanent custody of a public children

services agency or private child placing agency:

(a) The court determines by clear and convincing evidence that one or

more of the factors in division (E) of this section exist and the child

cannot be placed with one of the child’s parents within a reasonable

time or should not be placed with either parent.

(b) The child has been in the agency’s custody for two years or longer,

and no longer qualifies for temporary custody pursuant to division (D)

of section 2151.415 of the Ohio Revised Code.

(c) The child does not meet the requirements for a planned permanent

living arrangement pursuant to division (A)(5) of Section 2151.353 of

the Ohio Revised Code.

(d) Prior to the dispositional hearing, no relative or other interested

person has filed, or has been identified in, a motion for legal custody.

(Emphasis added.)

The juvenile court in this case found that all of the R.C. 2151.414(D)(2)

factors applied and that it was therefore statutorily required to commit C.H. to the

agency’s permanent custody.

With respect to the factors in division (E), the court found that three

of the factors applied, though only one — R.C. 2151.414(E)(16) — applied to Father.

Specifically, the court found that the (E)(1) factor, regarding the parent’s continuous

and repeated failure to substantially remedy the conditions causing the child to be

placed outside of the home, applies to Mother. The court also found that the (E)(2)

factor, regarding chronic chemical dependency, applies to Mother. With respect to

Father, the court found that (E)(16), referring to “any other factor the Court finds

relevant[,]” applied to Father, and noted that Father was currently incarcerated and

had been since 2022. The court further found that Father and Mother remain

married to each other, and while Father has remained sober and is maintaining a

job and as strong a bond as possible with the child, Father would continue to be

incarcerated or in a related stepdown facility or halfway house through 2025.

According to Father, the juvenile court erred in using (E)(16), the

“catchall” provision, to deprive Father of his parental rights. While Father

acknowledges that the court was only required to find that one of the (E) factors

applied, he argues that it was improper for the court to do so here using the catchall

provision. He further argues that this is especially true when the statutory factor

that contemplates an incarcerated parent, (E)(12), did not apply to Father.3 Father

does not cite any controlling case law supporting his assertion, and we decline to

adopt his reasoning here.

3 The R.C. 2151.414(E)(12) factor states: “The parent is incarcerated at the time of

the filing of the motion for permanent custody or the dispositional hearing of the child

and will not be available to care for the child for at least eighteen months after the filing

of the motion for permanent custody or the dispositional hearing.”

The statute clearly empowers juvenile courts to “consider any other

factors the court deems relevant.” R.C. 2151.414(E)(16). Further, we note that, in

this case, the juvenile court not only cited R.C. 2151.414(E)(16) with respect to

Father, but also explained its finding thereunder with specificity. Additionally, the

juvenile court found that Mother and Father remained married and Father’s own

testimony indicated that he intended to live with Mother again upon his release.

While this intention is not inherently problematic, this intention, in the context of

ample evidence in the record that Mother is still abusing methamphetamines and

has herself failed to remedy the conditions causing the child’s removal, is

noteworthy.

Moreover, while we acknowledge the progress that Father has made

on his case-plan goals while incarcerated, we also note that “‘the successful

completion of case-plan requirements does not preclude a grant of permanent

custody to a social services agency.’” In re T.B., 2025-Ohio-2075, ¶ 56 (8th Dist.),

quoting In re C.C., 2010-Ohio-780, ¶ 25 (8th Dist.). This is because a case plan is

“‘a means to a goal, but not the goal itself.’” Id. The Ohio Supreme Court has noted

that “[i]f the evidence is susceptible of more than one construction, the reviewing

court is bound to give it that interpretation which is consistent with the verdict and

judgment, most favorable to sustaining the verdict and judgment.” In re Z.C., 2023-

Ohio-4703, ¶ 14, citing Seasons Coal Co., Inc., 10 Ohio St.3d at 80, fn. 3. While

Father has undoubtedly made significant progress, this does not change the juvenile

court’s statutory obligations.

Because we find that factor (16) under R.C. 2151.414(E) was met with

respect to Father, we also find that the evidence in the record supports the juvenile

court’s finding that the child cannot or should not be returned to the parents.

Likewise, we find that the juvenile court’s determinations under R.C. 2151.414(D)(2)

are supported by the record. Because all of the factors under R.C. 2151.414(D)(2)

apply, permanent custody is in the best interests of the child and the juvenile court

was required to grant permanent custody to the agency. In re P.J., 2021-Ohio-1821,

¶ 26 (8th Dist.). Further, because we find that the R.C. 2151.414(D)(2) best-interests

factors are supported by the record, there is no need to address the R.C.

2151.414(D)(1) best-interests factors. In re Z.L., 2025-Ohio-4851, ¶ 60, citing In re

A.S., 2021-Ohio-3829, ¶ 42 (8th Dist.)

The juvenile court considered the relevant statutory factors in

granting permanent custody, and its findings were supported by competent,

credible evidence. Therefore, we cannot say that the grant of permanent custody

was against the manifest weight of the evidence. Father’s sole assignment of error

is overruled.

Judgment affirmed.

It is ordered that appellee recover from appellant costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the

common pleas court, juvenile division, to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

WILLIAM A. KLATT, JUDGE*

EILEEN T. GALLAGHER, P.J., and

MARY J. BOYLE, J., CONCUR

(*Sitting by assignment: William A. Klatt, J., retired, of the Tenth District Court of

Appeals.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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