Background
Cuyahoga County children-services authorities first obtained temporary custody of D.N. in 2022 after filing neglect and dependency allegations. D.N. was returned to Mother in October 2023 under protective supervision, but the juvenile court removed him again in April 2024. The agency moved for permanent custody in December 2024; Mother sought legal custody and overnight visitation.
At the December 2025 trial, the agency presented evidence that Mother stopped D.N.’s psychiatric medication against medical advice after reunification, did not complete mental-health treatment, had outstanding warrants, and attended 11 of the last 37 visits. D.N., who has several mental-health diagnoses, had multiple placements, including residential treatment, and was recently hospitalized after suicidal statements. The magistrate granted permanent custody, and the juvenile court adopted that decision over Mother’s objections.
The Court’s Holding
The Eighth District affirmed the permanent-custody award. D.N. had been in agency custody for at least 12 months of a consecutive 22-month period, satisfying the statutory threshold. Clear and convincing evidence also supported the best-interest determination, including D.N.’s need for a legally secure placement, Mother’s incomplete treatment, and her failure to show she could safely provide a permanent home after the agency had obtained permanent custody of a sibling.
The court agreed, however, that the juvenile court erroneously found that Mother had placed D.N. at substantial risk from alcohol or drug abuse under R.C. 2151.414(E)(9). The record contained no evidence of such abuse or resulting risk. That error did not undermine the custody judgment because the supported finding under R.C. 2151.414(E)(11) was sufficient; the case was remanded solely to remove the unsupported finding from the journal entry.
Key Takeaways
- A supported statutory ground and a best-interest finding by clear and convincing evidence can sustain permanent custody.
- An unsupported statutory finding must be corrected, even when it does not change the ultimate custody result.
- A prior termination of parental rights as to a sibling may support permanent custody when the parent does not prove an ability to provide a safe, legally secure placement.
Why It Matters
The decision illustrates that appellate review of permanent-custody orders examines whether the record contains clear and convincing evidence for the statutory requirements, not merely whether every finding below was correct. It also underscores the importance of accurately limiting juvenile-court findings to evidence in the record.