28th Mar 2014

IN RE: S.D.
BUTLER CA2013-08-138
OPINION
AFFIRMED
FACTS:
– Biological mother appeals a decision of the Butler County Juvenile Court granting permanent custody of her daughter to a children services agency.

PERMANENT CUSTODY; JURISDICTION; VENUE
– Butler County Juvenile Court had jurisdiction over child in dependency case where mother claimed she was living in Montgomery County at the time of the child’s birth. The trial court found the mother’s testimony regarding her residence was not credible and the court’s determination is supported by the record.
PERMANENT CUSTODY
– Trial court’s decision that permanent custody was in the best interest of a child was not against the manifest weight of the evidence where the record showed that the child was placed in foster care at birth due to ongoing concerns with the child’s siblings and the mother’s failure to rectify these problems. Although mother claimed she substantially complied with the case plan, the record supported the court’s findings that the mother made little progress.

 IN THE MATTER OF: S.K.
BUTLER CA2013-06-108
OPINION
AFFIRMED
FACTS:
– Mother appealed the juvenile court’s decision granting legal custody of her three-year-old son to a nonrelative family friend, arguing that the decision was against the manifest weight of the evidence.

CUSTODY AWARDED TO NONRELATIVE; R.C. 2151.353(A)(3); BEST INTEREST CONSIDERATIONS; R.C. 3109.04(F)(1)
– The juvenile court had authority under R.C. 2151.353(A)(3) to award the minor child, who had been adjudicated dependent, to a nonrelative family friend. The juvenile court’s decision to award custody to the nonrelative was in the best interest of the child and was supported by the preponderance of the evidence, as the evidence demonstrated that Mother had not fully complied with her case plan for reunification, the child was doing well in the nonrelative’s care, and the guardian ad litem supported awarding custody to the nonrelative.

CURTIS WAYNE CARPENTER v. MICAH MAY CARPENTER
BUTLER CA2013-05-083
OPINION
DISMISSED
FACTS:
– Father appeals custody decision designating mother residential parent and legal custodian of the parties’ daughter.

FINAL APPEALABLE ORDER
– Trial court’s entry granting mother residential parent and legal custodian status was not a final appealable order when the entry remanded the case to the magistrate to calculate child support, health insurance, and allocate the tax exemption for the child. The order was not final because it contemplated further action by the trial court.
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