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In re T.W.

Ohio Ct. App.June 17, 2021No. 109967Cited 1 time
Defendant WinIn re T.W.

Case Details

Judge(s)
Forbes
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court affirmed the trial court's decision to terminate the mother's parental rights and award permanent custody of four minor children to the Cuyahoga County Division of Child and Family Services.

Excerpt

Termination of parental rights permanent custody R.C. 2151.414 best interest of the children clear and convincing evidence. The court's termination of Mother's parental rights and award of permanent custody to the agency was supported by clear and convincing evidence in the record. Mother did not comply with her case plan created by the agency. Evidence presented at the hearing supported the court's findings that mother had not addressed her mental-health issues, could not provide adequate permanent housing for the Children, and had not remedied the issues that led to the removal of the Children from Mother's custody.

Similar Rulings

In re T.W.
N.C. Ct. App.Sep 2005

<bold>Termination of Parental Rights — failure to appoint</bold> <bold>guardian ad litem to parent — mental illness</bold> <block_quote> The trial court erred in a termination of parental rights case by failing to appoint respondent mother a guardian ad litem under N.C.G.S. § <cross_reference>7B-1111</cross_reference>(a)(6) when she has a diagnosis of bipolar affective disorder with possible psychotic disorder, because: (1) the trial court referenced respondent's mental wellbeing<page_number>Page 154</page_number> and its concern that respondent was unable to raise the minor children without assistance repeatedly in its written orders before and after receiving respondent's psychological evaluations; (2) it was the court's repeated findings that respondent was incapable of parenting her minor children based upon her mental illness in addition to respondent's own motion that triggered the requirement for appointment of a guardian ad litem; and (3) while respondent may be competent for some purposes, including her ability to assist counsel and maintain employment, it does not necessarily follow that she is not debilitated by her mental illness when it comes to parenting her children.</block_quote> <bold>2. Termination of Parental Rights — extraordinary</bold> <bold>delay in entering order — prejudicial error</bold> <block_quote> The trial court erred in a termination of parental rights case by delaying entry of an order until almost one year after completion of the hearing even though N.C.G.S. §§ <cross_reference>7B-1109</cross_reference>(e) and <cross_reference>7B-1110</cross_reference>(a) set the deadline no later than thirty days following the completion of the hearing, and the case is reversed, because: (1) the Court of Appeals has been apt to find prejudice in delays more than six months or more; (2) the need to show prejudice diminishes as the delay between the termination hearing and the date of entry of the order terminating parental rights increase

Remanded
In re B.B.
Ohio Ct. App.Apr 2026
State v. McCrary
Ohio Ct. App.Apr 2026
In re K.M.H.
Ohio Ct. App.Apr 2026
State v. Craft
Ohio Ct. App.Apr 2026

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