[Cite as In re H.R.H., 2020-Ohio-3160.] 

Appeal From: Hamilton County Juvenile Court 

 

Judgment Appealed From Is: Affirmed 

Date of Judgment Entry on Appeal: June 3, 2020 

Phyllis Schiff, for Appellant Mother, 

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Patrick Stapp, 

Assistant Prosecuting Attorney, for Appellee Hamilton County Department of Job 

and Family Services, 

Raymond T. Faller, Hamilton County Public Defender, and Megan E. Busam, 

Assistant Public Defender, Guardian ad Litem for H.R.H. 

IN THE COURT OF APPEALS 

FIRST APPELLATE DISTRICT OF OHIO 

HAMILTON COUNTY, OHIO 

IN RE: H.R.H. : 

: 

APPEAL NO. C-200071 

TRIAL NO. F-14-386 X 

O P I N I O N.
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CROUSE, Judge.

{¶1} Mother appeals from the judgment of the Hamilton County Juvenile 

Court that terminated her parental rights and placed H.R.H. in the permanent 

custody of the Hamilton County Department of Job and Family Services (“HCJFS”). 

For the reasons set forth below, we affirm the juvenile court’s judgment. 

I. Factual and Procedural Background 

{¶2} Mother is the natural parent of H.R.H., born in November 2018. 

H.R.H. tested positive for fentanyl, codeine, amphetamines, methamphetamines, 

methadone, and morphine at his birth. H.R.H. also suffered from hypoxic ischemic 

encephalopathy, which required ongoing medical treatments. As a result, H.R.H. 

remained in the hospital from November 2018 until February 2019. 

{¶3} Prompted by concerns regarding mother’s substance abuse, HCJFS 

filed for permanent custody of H.R.H. on February 1, 2019. HCJFS also filed a 

“Motion for Determination that Reasonable Efforts Are Not Required” based on the 

involuntary termination of mother’s rights with respect to H.R.H.’s sibling. On 

February 4, 2019, the magistrate granted interim custody of H.R.H. to HCJFS and 

determined that HCJFS was not required to make reasonable efforts to return 

H.R.H. to the home. A couple of months later, the juvenile court adjudicated H.R.H. 

abused, neglected, and dependent. 

{¶4} Hoping that mother would engage in reunification efforts, HCJFS filed 

a case plan which included substance-abuse services, mental-health services, and 

parenting-enrichment services. Mother testified that she attended substance-abuse 

treatment, submitted to a mental-health assessment, began treatment for her 

mental-health diagnoses, and visited H.R.H. However, mother’s engagement with 

these services is disputed. Throughout the case, mother never provided HCJFS with 
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any treatment records and she refused to sign releases of information for HCJFS to 

obtain such records. Mother also inconsistently visited H.R.H., missing some visits 

and falling asleep during other visits. 

{¶5} On September 6, 2019, the magistrate conducted a dispositional 

hearing on HCJFS’s motion for permanent custody. On September 18, 2019, the 

magistrate granted HCJFS permanent custody of H.R.H. Mother filed objections on 

the grounds of sufficiency and weight of the evidence. Following arguments on the 

objections, the juvenile court denied the objections and adopted the magistrate’s 

decision. Mother filed this timely appeal, raising two assignments of error for our 

review. 

II. Magistrate’s Questioning of Witnesses 

{¶6} In her first assignment of error, mother argues that the magistrate 

improperly examined the HCJFS caseworker and failed to rule upon objections 

raised during the magistrate’s examination. 

{¶7} Although mother filed objections to the magistrate’s decision, she 

challenged only the sufficiency and weight of the evidence. Because mother did not 

specifically raise this issue in her objections, she waived all but plain error on appeal. 

Juv.R. 40(D)(3); In re The H. Children, 1st Dist. Hamilton No. C-190630, 2020-

Ohio-774, ¶ 22. 

{¶8} Juv.R. 40(C)(2) authorizes magistrates “to regulate all proceedings as 

if by the court and to do everything necessary for the efficient performance of those 

responsibilities, including * * * [p]utting witnesses under oath and examining them.” 

{¶9} In In re Miller, 109 Ohio App.3d 455, 672 N.E.2d 675 (2d Dist.1996), 

the Second District Court of Appeals examined the magistrate’s scope of authority 

under Civ.R. 53(C)(2)(c)—the analogous civil rule. The court drew a line between 
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acting as an advocate and eliciting information. “Undoubtedly, that rule does not 

contemplate that a magistrate may act as an advocate in examining witnesses.” Id. at 

458. “However, a magistrate may examine witnesses to elicit information under that 

rule.” Id. Therefore, a magistrate does not exceed her authority under the rules of 

procedure where she merely seeks to elicit information. Id.

{¶10} A review of the transcript in this case reveals that the magistrate did 

not act as an advocate. The magistrate did not question the HCJFS caseworker in a 

biased or partial manner. The magistrate’s questioning also did not involve 

“prodding of a witness to elicit partisan testimony.” See State v. Baston, 85 Ohio 

St.3d 418, 426, 709 N.E.2d 128 (1999) (analyzing the trial court’s interrogation of a 

witness under Evid.R. 614(B)). Instead, the magistrate asked questions directed 

toward the clarification and foundation of the caseworker’s given testimony. The 

magistrate questioned the caseworker as to her knowledge of the case and the 

records founding her knowledge of the case (but not the contents of the records). 

When mother objected to a question, the magistrate either overruled the objection or 

rephrased the question. 

{¶11} For example, the magistrate asked the caseworker to clarify her 

previous testimony regarding mother’s history of substance-abuse treatment in the 

following exchange: 

Court: When you said “historically,” is that about substance, previous 

substance abuse treatment? When you – what do you mean by 

historically? 

Caseworker: Historically she’s attended the methadone clinic, but -- 

Court: How did you find out? You’re saying before your involvement? 

Caseworker: Yes, through their records. 
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Court: And what records? 

Counsel for mother: And if that’s the case, Your Honor, I would object 

to hearsay. 

Court: Well, I’m not asking her anything about what was in the 

records. I’m just asking what records she saw. 

Counsel for mother: But those are the records she’s using to inform 

her answer today, which is hearsay. 

{¶12} After further argument over the objection, the magistrate rephrased 

the question and asked the caseworker: “Were the records that you have, that you 

have consulted, which your previous answer was based on, were they [HCJFS] 

records?” When the caseworker replied in the affirmative, the magistrate stated, 

“Okay. I’ll just leave it at that.” Thereafter, counsel for all parties were permitted to 

reexamine the caseworker regarding any issues raised by the magistrate’s 

questioning. Each time counsel for mother subsequently raised a similar objection, 

the magistrate heard the objection on the record but allowed the caseworker to 

answer. 

{¶13} Based on the foregoing, the magistrate’s questioning of the HCJFS 

caseworker did not rise to the level of inappropriate advocacy, and thus, did not 

exceed the authority granted under Juv.R. 40(C)(2). Mother’s first assignment of 

error is overruled. 

III. Sufficiency and Weight of the Evidence 

{¶14} In her second assignment of error, mother argues that the juvenile 

court erred by granting permanent custody of H.R.H. to HCJFS. Although the 

juvenile court made the appropriate findings, mother contends that these findings 

were based upon insufficient evidence or against the manifest weight of the evidence. 
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{¶15} A juvenile court’s determination on a motion for permanent custody 

must be supported by clear and convincing evidence. In re W.W., 1st Dist. Hamilton 

Nos. C-110363 and C-110402, 2011-Ohio-4912, ¶ 46. In reviewing a sufficiency 

challenge, we must determine if the juvenile court had sufficient evidence before it to 

satisfy each element. In re A.B., 1st Dist. Hamilton Nos. C-150307 and C-150310, 

2015-Ohio-3247, ¶ 15. In reviewing a manifest-weight challenge, we must examine 

the record and determine whether the evidence on each element satisfies the clearand-convincing standard. Id.

{¶16} Under R.C. 2151.414(B), the juvenile court may grant a motion for 

permanent custody if it finds that permanent custody is in the best interest of the 

child and that one of the five conditions set forth in R.C. 2151.414(B)(1) applies. 

1. R.C. 2151.414(B)(1) 

{¶17} As it relates to this appeal, R.C. 2151.414(B)(1) requires a finding that 

the child cannot be placed with either of his parents within a reasonable time or 

should not be placed with his parents. See R.C. 2151.414(B)(1)(a). To make such a 

finding, the juvenile court must look to R.C. 2151.414(E). If the court determines 

that one of the R.C. 2151.414(E) factors exists, then the court must find that the child 

cannot or should not be placed with his parents under R.C. 2151.414(B)(1)(a). 

{¶18} After considering the evidence, the juvenile court concluded that three 

R.C. 2151.414(E) factors applied to mother. First, the court found that one of 

mother’s other children, H.R.H.’s sibling, had been placed in the permanent custody 

of HCJFS in 2017. See R.C. 2151.414(E)(11). Mother does not dispute this finding. 

Therefore, mother had the burden to show that she could provide a legally secure 

permanent placement and adequate care for H.R.H. In re E.S., 1st Dist. Hamilton 
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Nos. C-100725 and C-100747, 2011-Ohio-586; In re C.M., 1st Dist. Hamilton No. C150365, 2015-Ohio-3971. 

{¶19} The juvenile court determined that mother failed to meet this burden, 

despite her assurances. The entirety of mother’s case was presented through her 

own self-serving testimony. Mother testified that she began substance-abuse 

treatment approximately seven months into her pregnancy with H.R.H. Mother 

testified that she remained in treatment and took methadone daily. Mother also 

testified that she engaged in mental-health treatment. According to mother, she 

attended weekly one-on-one counseling and group therapy. Mother stated that she 

was in the process of obtaining medication for her mental-health diagnoses at the 

time of trial. Mother further testified that she had stable income and housing. 

{¶20} Despite her severe chemical dependency and mental-health diagnoses, 

however, mother failed to provide any records from her treatment providers. Mother 

did not submit any evidence regarding whether she had maintained sobriety, and 

whether her conditions had improved to where she could care for herself and H.R.H. 

In fact, mother admitted that she continued to use substances while in treatment 

during her pregnancy with H.R.H. Mother also stated that she was not taking any 

medication at the time of trial. Under these circumstances, clear-and-convincing 

evidence supports the juvenile court’s determination that mother failed to prove that 

she could provide a secure placement and adequate care for H.R.H. 

{¶21} Although the juvenile court’s finding under R.C. 2151.414(E)(11) alone 

satisfied the condition set forth in R.C. 2151.414(B)(1)(a), the court also found that 

mother failed to remedy the problems that caused H.R.H. to be placed outside the 

home. See R.C. 2151.414(E)(1). HCJFS filed for permanent custody of H.R.H. due to 

concerns with mother’s chemical dependency and parenting abilities. Mother’s 
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history of substance abuse is significant. Prior to 2016, two of mother’s children 

were placed in the legal custody of mother’s relatives. In 2017, mother’s other child 

was permanently placed in HCJFS custody due to substance-abuse issues. Less than 

two years later, H.R.H. was born with fentanyl, codeine, amphetamines, 

methamphetamines, methadone, and morphine in his system. Mother admitted to 

using heroin during her pregnancy with H.R.H. 

{¶22} As part of its reunification plan, HCJFS asked mother to complete a 

substance-abuse assessment, a mental-health assessment, and parenting classes. 

Mother testified that she engaged in substance-abuse treatment and mental-health 

treatment. However, mother never offered any documentation related to her 

assessments or her progress in the services. Mother also refused to sign releases of 

information for such services. 

{¶23} The court further found that mother’s chemical dependency and 

mental illnesses satisfied the conditions set forth in R.C. 2151.414(E)(2). In addition 

to mother’s lengthy substance-abuse history, mother presented no evidence 

regarding the stability of her mental health. Mother testified that she submitted to a 

mental-health assessment which returned diagnoses for Bipolar Types 1 and 2, 

PTSD, depression, and anxiety. Mother testified that she was undergoing treatment 

for her diagnoses at the time of trial. However, mother did not submit any records 

regarding her treatment and she refused to sign releases of information for such 

records. 

{¶24} Based on the foregoing, clear-and-convincing evidence supports the 

juvenile court’s determination that H.R.H. could not and should not have been 

placed with mother under R.C. 2151.414(B)(1)(a). 

2. Best Interest of the Child 
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{¶25} In determining the best interest of the child, the juvenile court must 

consider all relevant factors, including, but not limited to: (a) “[t]he interaction and 

interrelationship of the child with the child’s parents, siblings, relatives, foster 

caregivers and out-of-home providers”; (b) “[t]he wishes of the child”; (c) “[t]he 

custodial history of the child”; (d) “[t]he 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”; and (e) “[w]hether any of the factors in divisions 

(E)(7) to (11) of this section apply in relation to the parents and child.” R.C. 

2151.414(D)(1). 

{¶26} In this case, the juvenile court walked through each of the R.C. 

2151.414(D)(1) factors and documented sufficient evidence that granting permanent 

custody to HCJFS was in H.R.H.’s best interest. With respect to the child’s 

interaction and interrelationship with others (R.C. 2151.414(D)(1)(a)), the court 

found no evidence that H.R.H. was bonded with mother. Notably, H.R.H. had never 

been in mother’s exclusive care. H.R.H. remained in the hospital for two months 

after his birth, and he was discharged into the interim custody of HCJFS. Mother 

consistently attended H.R.H.’s medical appointments and frequently visited with 

H.R.H. However, mother missed multiple visits and fell asleep during other visits. 

{¶27} With respect to the wishes of the child (R.C. 2151.414(D)(1)(b)), the 

court found that H.R.H. was too young to express his wishes. However, the guardian 

ad litem for H.R.H. recommended an award of permanent custody to HCJFS. 

{¶28} With respect to the custodial history of the child (R.C. 

2151.414(D)(1)(c)), the court found that H.R.H. had never been in mother’s exclusive 

care. H.R.H. remained in foster care upon discharge from the hospital. 
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{¶29} With respect to the child’s need for legally secure placement (R.C. 

2151.414(D)(1)(d)), the court determined that mother could not provide an 

appropriate placement due to her unaddressed chemical dependency and mentalhealth needs. The court further found that the alleged father had abandoned H.R.H. 

No alternative placements—e.g., friends or relatives—came forward to take custody 

of H.R.H. 

{¶30} The court also considered the significant medical needs of H.R.H. 

H.R.H. was born with hypoxic ischemic encephalopathy, which required ongoing 

medical treatments, and later developed eye problems, which prompted more 

medical care. H.R.H. also experienced significant developmental delays, such as an 

inability to crawl or talk, and he was high risk for cerebral palsy. At the time of trial, 

H.R.H. attended neurology appointments, ophthalmology appointments, and NICU 

follow-up appointments. He also engaged in physical and occupational therapy. 

{¶31} Under these circumstances, clear-and-convincing evidence supports 

the juvenile court’s determination that a grant of permanent custody was in H.R.H.’s 

best interest. 

{¶32} Mother’s second assignment of error is overruled. 

V. Conclusion 

{¶33} For the foregoing reasons, mother’s assignments of error are overruled 

and the judgment of the juvenile court is affirmed. 

 Judgment affirmed. 

BERGERON, P.J., and WINKLER, J., concur. 

Please note: 

 The court has recorded its own entry on the date of the release of this opinion.