Ohio Rev. Code Ann. § 2151.414

Section 2151.414(D) requires the juvenile court to consider every enumerated best-interest factor; a parent's case-plan compliance is relevant but does not control the best-interest determination.

In Re A.W., Unpublished Decision (3-30-2005) · filed 2005-03-30(D)

“Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.” In re Smith (Jan. 2, 2002), 9th Dist. No. 20711. See, also, In re Palladino, 11th Dist. No. 2002-G-2445, 2002-Ohio-5606, at ¶ 24. ... Evidence of case plan compliance is usually relevant to the trial court's best interest determination, but is not dispositive of it. See, e.g., In re A.A. , 9th Dist. No. 22196, 2004-Ohio-5955 , at ¶ 9 ; In re Atkins (Nov. 18, 1998), 9th Dist. No. 19037. Instead, the primary focus of the trial court's best interest determination is on the specific best interest factors listed in R.C. 2151.414 (D).

R.C. 2151.414(D) requires a court deciding a child's best interest to consider every listed factor, but only one factor must favor permanent custody, and the court need not list the factors it found applicable.

In Re D.W., Unpublished Decision (4-21-2005) · filed 2005-04-21(D)

R.C. 2151.414 (D) requires that in determining the best interest of the child, the court must consider all relevant factors, including, but not limited to: 1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; 2) the wishes of the child as expressed directly by the child or through the child's guardian ad litem, 3) the custodial history of the child; 4) the 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 5) whether any of the factors in R.C. 2151.414 (E)(7) through (11) are applicable. Although the trial court is required to consider each of the factors in making its permanent custody determination, only one of these factors needs to be resolved in favor of the award of permanent custody. In re Moore (Aug. 31, 2000), Cuyahoga App. No. 76942. Moreover, the statute does not require the court to list those factors or conditions it found applicable before making its determination that permanent custody is in the child's best interest. In re I.M., Cuyahoga App. Nos. 82669 82695, 2003-Ohio-7069 , at ¶ 27.

Section 2151.414(D) requires a juvenile court to consider all relevant best-interest factors but does not generally require the court to state its consideration of those factors in its judgment entry.

In Re Nicholas A., Unpublished Decision (4-29-2005) · filed 2005-04-29(D)

R.C. 2151.414 (D) requires a juvenile court to consider all the relevant factors, including, but not limited to the following, in determining the best interest of a child: ... This court previously held that statutes mandating that certain factors be considered in determining the best interest of a child do not generally require a juvenile court to express that consideration in its judgment entry. ... Here, the trial court's judgment entry found that it was in the best interest of Nicholas and Kei Chan to award permanent custody to LCCSB. The court's judgment, as well as the record of this cause reveal that the trial court considered the relevant factors in R.C. 2151.414 (D) in reaching this decision.

Section 2151.414's listed best-interest factors are nonexclusive, and the trial court must make a fully informed decision.

In the Matter of Pappas, Unpublished Decision (5-23-2005) · filed 2005-05-23(D)

R.C. 2151.414 is written broadly, and the trial court is not limited to the factors listed in the statute, but must make a fully informed decision, In Re: Awkal (1985), 95 Ohio App. 3d 309 .

Section 2151.414(D) requires a court deciding a child's best interests for permanent custody to consider five factors: relationships, wishes, custodial history, need for a legally secure placement, and applicability of divisions (E)(7) through (11).

In Re Barnhart, Unpublished Decision (5-26-2005) · filed 2005-05-26(D)

R.C. 2151.414 (D) enumerates five factors the court must consider in determining whether it is in a child's best interest to terminate parental rights. Those five factors are: (1) the interrelationship of the child with others; (2) the wishes of the child; (3) the custodial history of the child; (4) the child's need for a legally secure placement and whether such a placement can be achieved without permanent custody; and (5) whether any of the factors in divisions (E)(7) to (11) apply. ... However, the trial court made factual findings relating to each of the R.C. 2151.414 (D) factors for determining Caleb's best interests. ... We find that this constitutes some competent, credible evidence to support the trial court's findings that it is in Caleb's best interest to be placed in the permanent custody of ACCS and that Caleb cannot be placed with either of his parents within a reasonable period of time.

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider every enumerated factor, while permitting consideration of other relevant factors.

In Re N.B., Unpublished Decision (6-22-2005) · filed 2005-06-22(D)

When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must: "[C]onsider all relevant factors, including, but not limited to, the following: ... "(5) Whether 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)-(5)." {¶ 13} Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.

Section 2151.414(A) makes the child's best interest, rather than the wishes of the parents or a person seeking custody, the focus of a permanent-custody determination.

In Re Woods, Unpublished Decision (7-7-2005) · filed 2005-07-07(A)

The "best interest" emphasis is not on the wishes of the parents or the desires of one seeking custody, but on the best interest of the child. R.C. 2151.414 (A).

Section 2151.414(D) requires the court determining a child's best interest to consider all relevant factors, including the enumerated relationships, wishes, custodial history, need for a legally secure permanent placement, and applicable parental factors.

In the Matter of Wheeler, Unpublished Decision (7-11-2005) · filed 2005-07-11(D)

In determining the best interest of the children, R.C. § 2151.414 (D) provides: the court must consider all relevant factors, including, but not limited to, the following: ... The magistrate also found by clear and convincing evidence that placement in a planned permanent living arrangement was in the best interest of the child, and that the child cannot be placed with either parent, R.C. 2151.414 (D)(E). Our review of the record indicates there was sufficient, competent and credible evidence for the court to conclude by clear and convincing evidence it was in the best interest of Shawna to be placed in a PPLA.

The court must consider every enumerated best-interest factor, and although case-plan compliance may be relevant, it is not itself an enumerated factor and should not displace the mandatory factors.

In Re A.B., Unpublished Decision (9-21-2005) · filed 2005-09-21(D)

"Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors." ... As this Court has repeatedly emphasized, however, although case plan compliance may be relevant to the best interest of the children, it is not one of the best interest factors set forth in R.C. 2151.414 (D). ... The trial court's best interest determination must be guided primarily by the mandatory factors.

Section 2151.414(D) requires the court to consider every relevant best-interest factor, but only one factor must favor an award of permanent custody.

In Re Di. R., Unpublished Decision (10-6-2005) · filed 2005-10-06(D)

R.C. 2151.414 (D) requires that in determining the best interest of the child, the court must consider all relevant factors, including, but not limited to: 1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; 2) the wishes of the child as expressed directly by the child or through the child's guardian ad litem; 3) the custodial history of the child; 4) the 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 5) whether any of the factors in R.C. 2151.414 (E)(7) through (11) are applicable. Although the trial court is required to consider each of the factors in making its permanent custody determination, only one of these factors needs to be resolved in favor of the award of permanent custody.

Section 2151.414(D) requires a court deciding a child's best interest for permanent placement to consider all relevant statutory factors, including whether a legally secure placement can be achieved without granting permanent custody to an agency.

In Re Jones-Dentigance, Unpublished Decision (11-9-2005) · filed 2005-11-09(D)

In making a permanent placement determination based upon the best interest of the child, the court is required to consider all relevant factors under R.C. 2151.414 (D), including but not limited to: (1) the interrelationship and interaction of the child with parents, siblings, relatives, foster caregivers and out-of-home care providers, and any other person who may significantly affect the child; (2) the wishes of the child, if ascertainable, or as expressed through the child's guardian ad litem with due regard for the child's maturity; (3) the custodial history of the child; (4) the child's need for a legally secure placement, and whether this can be achieved without a grant of permanent custody to an agency, and; (5) whether any of the factors of R.C. 2151.414 (E)(7)-(11) apply. Noda, 2005-Ohio-2213, at ¶ 29; Goff, 2003-Ohio-6089, at ¶ 7; In re Smith, 11th Dist. No. 2002-A-0098, 2003-Ohio-800, at ¶¶ 9-10. ... Based on our review of the aforementioned findings, we conclude that the court considered all of the required statutory factors, including whether Mikel would be an appropriate guardian, under the fourth factor of the "best interest" analysis.

Section 2151.414(D) requires a trial court determining a child’s best interest to consider all relevant factors, including the child’s relationships, wishes, custodial history, need for a legally secure permanent placement, and the applicability of the factors in divisions (E)(7) through (11).

Miller v. Greene County Children's Services Board · filed 2005-08-05(D)

When a trial court determines the best interest of a child, it is required by R.C. 2151.414(D) to consider all relevant factors, including: ... “(5) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child.”

Section 2151.414(D) requires the juvenile court to consider every enumerated best-interest factor when deciding whether permanent custody is in the child's best interest.

In Re A.S. · filed 2005-10-05(D)

“Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.” ... Given the evidence before the trial court on each of the mandatory best-interest factors, the trial court did not lose its way in concluding that permanent custody was not in the best interest of A.S.

Section 2151.414(D) requires a court deciding a child's best interest in a permanent-custody hearing to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In Re T.C., Unpublished Decision (1-9-2006) · filed 2006-01-09(D)

R.C. 2151.414 (D) provides that in considering the best interest of a child in a permanent custody hearing, "the court shall consider all relevant factors," including: the interaction and interrelationship of the child with the child's parents, relatives, and foster caregivers; the wishes of the child expressed directly or through the child's guardian ad litem ("GAL"); the custodial history of the child; the 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.

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider the child's relationships, wishes, custodial history, need for a legally secure placement, and any applicable factors in divisions (E)(7) through (11).

In Re M.C., Unpublished Decision (3-8-2006) · filed 2006-03-08(D)

When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must consider the following factors: "(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; "(2) 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; "(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999; "(4) The 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] "(5) Whether 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)-(5). ... Given the evidence before the trial court, this Court cannot say that it lost its way in concluding that permanent custody to CSB was in the best interest of M.C.

Section 2151.414 requires clear and convincing evidence that permanent custody is in the child's best interest, determined by considering all relevant statutory factors.

In the Matter of Elliott, Unpublished Decision (3-27-2006) · filed 2006-03-27(D)

Under R.C. 2151.414 (A) and 2151.414 (B), before a court may grant permanent custody of a child to a children services agency it must determine by "clear and convincing evidence" that such placement is in the best interest of the children. In making this determination, the court is required to consider all relevant factors, including: ... See R.C. 2151.414 (D).

Section 2151.414(D) requires the agency to prove by clear and convincing evidence that permanent custody is in the child's best interest and requires the juvenile court to consider all relevant enumerated best-interest factors, without precluding consideration of other relevant factors.

In Re Z.D., Unpublished Decision (6-14-2006) · filed 2006-06-14(D)

When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must consider the following factors: ... R.C. 2151.414 (D)(1)-(4). ... Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the relevant enumerated factors. ... The best interest prong of the permanent custody test requires the agency to prove by clear and convincing evidence that permanent custody is in the best interest of the child.

A permanent-custody decision is not deficient merely because it does not specifically address every statutory best-interest factor when the court states that it considered all of them and its findings, read as a whole, support that statement.

In Re Bodenheimer, Unpublished Decision (6-20-2006) · filed 2006-06-20(D)

{¶ 35} Appellant claims the trial court's decision is deficient because it fails to specifically address all of the factors set forth in R.C. 2151.414 (D). We disagree. {¶ 36} From our review of the decision, the trial court stated it had considered all of the factors of R.C. 2151.414 (D) and the trial court's finding, read in toto, supports such a statement given the nature of the testimony presented during the dispositional hearings.

Section 2151.414(D) requires consideration of all listed best-interest factors, so a biological parent's strong bond with the children does not alone make a permanent-custody judgment against the manifest weight of the evidence.

In Re Jones, Unpublished Decision (6-29-2006) · filed 2006-06-29(D)

However, although Tammy Jones may have a strong relationship with her daughters, we do not find this factor, alone, is sufficient to find the trial court's judgment is against the manifest weight of the evidence. There are other factors that also must be considered under R.C. 2151.414 (D).

Section 2151.414(D) requires a permanent-custody court to consider all relevant best-interest factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In Re McCluskey, Unpublished Decision (8-4-2006) · filed 2006-08-04(D)

When determining what is in the best interest of the child, the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers, out-of-home providers, and any other person who may significantly affect the child; (2) the wishes of the child, as expressed directly by the child or through the child's guardian ad litem; (3) the custodial history of the child, including whether the child has been in the temporary custody of public or private children services agencies for twelve or more months; and (4) the child's need for a legally secure permanent placement, and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414(D) does not require a trial court to list each best-interest factor it considered, but the record must show that it considered all necessary factors.

In Re Douglas, Unpublished Decision (8-28-2006) · filed 2006-08-28(D)

While a trial court is not specifically required to list each factor considered under R.C. 2151.414 (D), the record must indicate that all of the necessary factors were considered.

Section 2151.414(D)'s permanent-custody best-interest factors may guide a court in determining whether an award of legal custody is in a child's best interest.

In Re T.A., Unpublished Decision (8-30-2006) · filed 2006-08-30(D)

While it relates to permanent custody proceedings, we find the factors listed in R.C. 2151.414 provide guidance in determining whether a grant of legal custody is in the best interest of the children.

Section 2151.414(D) requires a trial court deciding a child's best interest for a permanent-custody disposition to consider the enumerated factors, and the award may be upheld when the record supports the court's determinations under those factors.

In Re Lowther, Unpublished Decision (9-13-2006) · filed 2006-09-13(D)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider the factors contained in R.C. 2151.414 (D). ... We conclude the present record and the transcripts from Teuila's case support the trial court's determinations under R.C. 2151.04 (D) and R.C. 2151.414 (D), and the corresponding grant of permanent custody of Joel to the agency.

Section 2151.414(D) requires a trial court determining a child's best interest to consider the factors contained in that subsection.

In Re Definbaugh, Unpublished Decision (9-5-2006) · filed 2006-09-05(D)

In determining the best interest of a child, the trial court is required to consider the factors contained in R.C. 2151.414 (D).

Section 2151.414(D) requires the juvenile court to consider all enumerated best-interest factors when deciding whether to grant permanent custody.

In Re R.B., Unpublished Decision (11-22-2006) · filed 2006-11-22(D)

{¶ 7} When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must consider the following factors: "(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; "(2) 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; "(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999; [and] "(4) The 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[.]" R.C. 2151.414 (D)(1)-(4). 2 {¶ 8} Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors. See In re Smith (Jan. 2, 2002), 9th Dist. No. 20711, 2002-Ohio-34; see, also, In re Palladino, 11th Dist. No. 2002-G-2445, 2002-Ohio-5606, ¶ 24.

Section 2151.414(D) requires the court to consider all five enumerated best-interest factors, but only one factor must favor permanent custody to support terminating parental rights.

In Re: I. J., Unpublished Decision (11-30-2006) · filed 2006-11-30(D)

Section (D) mandates that the court consider the totality of the circumstances, including five enumerated factors. Although the court must consider all five factors, "only one of these factors needs to be resolved in favor of the award of permanent custody," for the court to terminate parental rights.

Section 2151.414(D) requires a juvenile court to find by clear and convincing evidence that permanent custody is in the child's best interest after considering all relevant statutory factors.

In Matter of Christopher, Unpublished Decision (12-1-2006) · filed 2006-12-01(D)

The juvenile court must also find that clear and convincing evidence shows that permanent custody is in the best interest of the child, pursuant to the factors set forth in R.C. 2151.414 (D).

Section 2151.414(D) requires a juvenile court deciding a child's best interest to consider all enumerated factors, while permitting it to consider other relevant factors.

In Re T.S., Unpublished Decision (12-18-2006) · filed 2006-12-18(D)

Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.

R.C. 2151.414(D) requires the juvenile court to consider all enumerated best-interest factors and other relevant circumstances, without giving any one factor greater weight, and requires appellate review of whether the juvenile court fulfilled that duty.

In Re D.C., Unpublished Decision (1-11-2007) · filed 2007-01-11(D)

The court must consider all of the elements in R.C. 2151.414 (D), as well as other relevant factors. The totality of the circumstances is to be considered, and no one element is given greater weight than the others pursuant to the statute. See In re Schaefer , 111 Ohio St.3d 498 , 2006-Ohio-5513 . On appeal, an appellate court must review the juvenile court's consideration of the factors under R.C. 2151.414 (D) and determine if the court "satisfied its statutory duty." Id.

Section 2151.414 requires clear and convincing evidence that permanent custody serves the children's best interest, which the trial court determines by considering the statutory best-interest factors.

In the Matter of Cutright, Unpublished Decision (3-8-2007) · filed 2007-03-08(D)

R.C. 2151.414 provides a party seeking to terminate the parental rights of a parent must show by clear and convincing evidence it is in the children's best interest to grant permanent custody of the child to the agency. ... R.C. 2151.414 sets forth the factors a trial court should consider in determining whether a child's best interest is served by granting a motion for permanent custody. ... The above findings by the trial court demonstrate the court considered the pertinent factors in R.C. 2151.414 . ... We find there is sufficient, competent and credible evidence in the record to support the trial court's findings by clear and convincing evidence, and we find the trial court did not err in determining the best interest of the three minor children is served by terminating the parental rights of both appellants, and granting custody to the Agency.

Section 2151.414(D) requires a juvenile court deciding a permanent-custody motion to consider all relevant best-interest factors, and the record must indicate that it considered every required factor.

In Matter of A.F., Ca2006-09-012 (4-9-2007) · filed 2007-04-09(D)

After reviewing the record, we find that the juvenile court erred in granting BCDJFS's motion for permanent custody. "While a juvenile court is not required to enumerate and discuss every statutory factor listed in R.C. 2151.414 (D) when making a best-interest determination, there must be some indication in the record that the court at least considered all of the required factors." In re G.N., Clermont App. No. CA2006-08-062, 2007-Ohio-126 , ¶ 36 . The juvenile court's decision is a detailed description of the procedural history of this case, the pertinent facts, and the evidence presented at the permanent custody hearing. However, the juvenile court's decision does not include any findings related to the mandatory statutory factors listed in R.C. 2151.414 (D) to support its conclusion that granting BCDJFS's motion for permanent custody is in the children's best interest. We are unable to determine from the juvenile court's decision whether it properly considered these statutory factors that a court must consider when considering a motion for permanent custody. Accordingly, we reverse the juvenile court's decision granting permanent custody to BCDJFS and remand this case to the juvenile court to properly consider the requisite statutory factors.

R.C. 2151.414(D) requires a trial court deciding a child’s best interest to specifically address each required consideration in its judgment entry or otherwise affirmatively indicate in the record that it considered the listed factors.

In Re McMillin · filed 2007-04-30(D)

In determining whether permanent custody is in a child’s best interest, R.C. 2151.414(D) requires the trial court to “consider all relevant factors.” ... This court has previously held that “in rendering its judgment, the trial court must either specifically address each of the required considerations set forth in R.C. 2151.414(D) in its judgment entry, or otherwise provide some affirmative indication in the record that the court has considered the specific factors listed in R.C. 2151.414(D).” ... We must conclude, therefore, that the trial court did not adequately address the R.C. 2151.414(D) best-interest factors in its judgment entry.

Section 2151.414(D) requires some indication in the record that the trial court considered all statutory best-interest factors, but it does not make a placement avoiding termination of parental rights controlling or require that factor to receive greater weight.

In Matter of D. H., 2007-G-2759 (6-25-2007) · filed 2007-06-25(D)

This court has held on several occasions that the provisions of R.C. 2151.414 (D) are mandatory and `must be scrupulously observed.'...However, this court also concluded that all that is necessary to satisfy the requirements of the statute is "some indication on the record that the trial court considered all four factors found in R.C. 2151.414 (D) when reaching its judgment."...The statute does not make the availability of a placement that would not require a termination of parental rights an all-controlling factor. The statute does not even require the court to weigh that factor more heavily than other factors," as long as it addresses all other relevant statutory factors.

Section 2151.414(D) requires the trial court to consider the enumerated factors when determining a child's best interest for a permanent-custody disposition.

In Matter of walton/fortson Children, 2007 Ca 00200 (10-29-2007) · filed 2007-10-29(D)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider the factors contained in R.C. 2151.414 (D). ... Upon review of the record in the case sub judice, we conclude the trial court's grant of permanent custody of appellant to SCDJFS was made in the consideration of the child's best interests and did not constitute an error or an abuse of discretion.

Section 2151.414(D) requires a court deciding a child's best interest to consider all relevant factors, including the child's relationships and wishes, custodial history, need for a legally secure permanent placement, and the factors identified in divisions (E)(7) through (11).

In Re Billiter, 2007ap070043 (11-6-2007) · filed 2007-11-06(D)

R.C. 2151.414 (D) governs "best interests" and states the following: {¶ 57} "(D) In determining the best interest of a child at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) or (5) of section 2151.353 or division (C) of section 2151.415 of the Revised Code, the court shall consider all relevant factors, including, but not limited to, the following: {¶ 58} "(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; {¶ 59} "(2) 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; {¶ 60} "(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999; {¶ 61} "(4) The 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; {¶ 62} "(5) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child." {¶ 63} As noted by in the guardian ad litem's July 5, 2007 report, the child is comfortable, happy, and well-adjusted in the foster placement, and "they are very much interested in adopting" her and making her a "permanent member of their family." Jaime Grunder, the child's caseworker, testified it would be in the child's best interest to be placed in appellee's permanent custody. T. at 112-113, 123. Ms. Grunder's opinion was based on appellant allowing unsupervised visits with the biological mother, his possible drug use, and his failure to comply with the 2004 drug screening requests. T. at 112. {¶ 64} Upon review, we find clear and convincing evidence that the best interests of the child would be served with permanent custody to appellee.

Section 2151.414(D) requires a juvenile court determining a child's best interest to consider all relevant factors, including each factor enumerated in the statute.

In Matter of Conley, 07-Ca-69 (11-16-2007) · filed 2007-11-16(D)

"Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider the enumerated factors."

Section 2151.414(D) requires a juvenile court determining a child's best interest to consider all relevant factors, without giving any one factor greater weight or heightened significance.

In Matter of S.R., Ca2007-06-076 (11-19-2007) · filed 2007-11-19(D)

In making a best interest determination, the juvenile court is required to consider all relevant factors, including, but not limited to, the factors enumerated in R.C. 2151.414 (D). ... While the juvenile court's statement is perplexing at first blush, we read the comments in the context of the entire discussion, mindful that no one element of R.C. 2151.414 (D) is given greater weight or heightened significance.

Section 2151.414(D) requires consideration of all relevant best-interest factors without assigning one factor greater weight, but the court need not enumerate each factor if the record indicates that all were considered.

In Re M.W., 07ap-529 (12-6-2007) · filed 2007-12-06(D)

"The court must consider all of the elements in R.C. 2151.414 (D) as well as other relevant factors. There is not one element that is given greater weight than the others pursuant to the statute." Id. A trial court, however, "is not required to specifically enumerate each factor under R.C. 2151.414 (D) in its decision." ... "[Still], there must be some indication on the record that all of the necessary factors were considered." ... Based on our review of the trial court's judgment, we also cannot conclude that the trial court failed to give serious consideration to the other best interest factors as appellant contends.

Section 2151.414(D) requires the court to consider every listed best-interest factor and other relevant factors, without giving any one factor greater weight than the others.

In Re A.S., 22269 (12-21-2007) · filed 2007-12-21(D)

The court must consider all of the elements in R.C. 2151.414 (D) as well as other relevant factors. In Re Schaeffer (2005), 111 Ohio St.3d 498 , 505 , 857 N.E.2d 532 , 538 . No one element is given greater weight than the others. Id.

Section 2151.414(D) requires a juvenile court deciding a child's best interest to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement that cannot be achieved without permanent custody.

In Re Orozco, 2007ap090069 (12-28-2007) · filed 2007-12-28(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414 (D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414(D) requires consideration of all relevant best-interest factors, including the child's relationships, wishes, custodial history, and need for secure placement; sibling and extended-family relationships may support legal custody to suitable grandparents instead of permanent agency custody.

In Re Colaner, 07ap080049 (3-12-2008) · filed 2008-03-12(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414 (D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody. ... Recognizing the general priorities regarding placement of a child are discretionary, we, nonetheless, find the trial court should have granted legal custody of David, Jr. to Grandparents. ... Although David, Jr. did not express a specific desire to live with Grandparents, he did express his desire to maintain a relationship with his sisters. Grandparents would be able to keep this sibling bond strong and in tact. Further, David, Jr. would have the benefit of time with his extended family — aunts, uncles, and cousins.

Section 2151.414(D) requires the court to consider all enumerated best-interest factors and forbids giving any one factor greater weight or heightened significance than another.

In Re M. W., 23912 (3-12-2008) · filed 2008-03-12(D)

Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors. See In re Smith (Jan. 2, 2002), 9th Dist. No. 20711, at *3; see, also, In re Palladino , 11th Dist. No. 2002-G-2445, 2002-Ohio-5606, at ¶ 24. Further, the Supreme Court has directed that no one factor is to be given greater weight or heightened significance than another. In re Schaefer , 111 Ohio St.3d 498 , 2006-Ohio-5513 , at ¶ 56 .

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In Re Church, 07-Ca-071 (3-19-2008) · filed 2008-03-19(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414 (D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody. ... Cody has a number of special needs and needs a stable, nurturing home environment. Brewer testified she and her family are committed to Cody, and are considering adopting him. ... Based upon the foregoing and the entire record in this matter, we find the trial court's decision to grant permanent custody to the Department was not against the manifest weight of the evidence.

Section 2151.414(D)'s best-interest factors may be used to decide whether to grant legal custody of a dependent child to a nonparent.

In Matter of metz/fonner Children, 2007ca00175 (3-24-2008) · filed 2008-03-24(D)

In this regard the factors set forth in R.C. 2151.414 may be used by the trial court in determining whether a grant of legal custody is in the best interest of the children. ... Based upon the record, we find the trial court did not abuse its discretion in determining that it is in the best interest of the children to grant legal custody to their paternal grandparents, Eileen and Merle Fonner, with visitation privileges to appellant.

R.C. 2151.414(D) requires the trial court to consider the enumerated factors when determining a child's best interest.

In Matter of Napier, 07 Ca 18 (3-24-2008) · filed 2008-03-24(D)

In determining the best interest of a child, the trial court is required to consider the factors contained in R.C. 2151.414 (D).

Section 2151.414(D) requires a permanent-custody court to consider all relevant best-interest factors, but it does not require the court to identify or analyze each factor in its decision.

In Re T.C., 07ca009248 (5-12-2008) · filed 2008-05-12(D)

R.C. 2151.414 (D) provides that in determining the best interests of the children in a permanent custody case, the trial court "shall consider" all relevant factors, including those listed in the statute. The statute does not state that the trial court must refer to the statutory factors and/or analyze them in its decision. ... The fact that the trial court failed to include an analysis of one of the best interest factors is not erroneous.

Subsection (D) requires the court to consider every enumerated best-interest factor, without giving any one factor more weight than another.

In Re S. P., 24040 (6-4-2008) · filed 2008-06-04(D)

Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors. ... The Supreme Court has indicated that no one factor is to be given more weight than another.

Section 2151.414(D) requires the juvenile court to consider all relevant best-interest factors, and a permanent-custody decision based in part on an unsupported finding that the child is adoptable is not supported by the record.

In Re R.G., 22482 (6-13-2008) · filed 2008-06-13(D)

R.C. 2151.414 (D) directs the trial court to consider all relevant factors when determining the best interest of the child, including, but not limited to: (1) the interaction and interrelationship of the child with the child's parents, relatives, foster parents and any other person who may significantly affect the child; (2) the wishes of the child; (3) the custodial history of the child; (4) the 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 (5) whether any of the factors in R.C. 2151.414 (E)(7) through (11) are applicable. ... The juvenile court concluded that the legally secure placement depended upon an award of custody to the agency. This conclusion was based upon a finding that there was a reasonable expectation of adoption. But, as noted in Part II, above, there is not sufficient clear and convincing evidence to support a finding that R.G. will be adopted. Therefore, the juvenile court's conclusion regarding the best interest of the child is based in part upon an erroneous finding. ... Based upon this record, we conclude that the juvenile court erroneously found that the child was adoptable and that, consequently, a legally secure permanent placement would be afforded via an award of custody to the agency. Therefore, we conclude that the decision regarding the best interest of the child is based upon erroneous facts and not supported by the record.

Section 2151.414(D) requires a juvenile court deciding a child's best interest to consider all enumerated factors, with no one factor receiving greater weight or heightened significance.

In Re J.N., 24090 (7-9-2008) · filed 2008-07-09(D)

When making a best interest determination, a juvenile court must consider: (1) the child's personal interactions and relationships; (2) the child's wishes regarding placement; (3) the custodial history of the child; (4) whether there are appropriate alternatives to permanent custody, and (5) whether any of the factors in Section 2151.414 (E)(7) to (11) of the Ohio Revised Code apply. R.C. 2151.414 (D). Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all the enumerated factors. See In re Smith , 9th Dist. No. 20711, 2002 WL 5178 at *3; see also, In re Palladino , 11th Dist. No. 2002-G-2445, 2002-Ohio-5606, at ¶ 24. Further, the Ohio Supreme Court has directed that no one factor is to be given greater weight or heightened significance over another. In re Schaefer , 111 Ohio St. 3d 498 , 2006-Ohio-5513 , at ¶ 56 .

Section 2151.414(D) requires the court to weigh all relevant best-interest factors without giving any one factor greater weight, although not every listed factor must support permanent custody.

In Re P.C., 90540 (7-10-2008) · filed 2008-07-10(D)

{¶ 30} R.C. 2151.414 (D) requires that in determining the best interest of the child, the court must consider all relevant factors, including, but not limited to: 1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers; 2) 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; 3) the custodial history of the child; 4) the 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 5) whether any of the factors in R.C. 2151.414 (E)(7) to (11) are applicable. {¶ 31} The statute requires a weighing of all the relevant factors and one factor is not given greater weight than the others. In re Schaefer , 111 Ohio St.3d 498 , 2006-Ohio-5513 , at ¶ 56 . Not all the factors need to be present for the court to find that permanent custody is in the best interest of the child. In re Shaeffer Children (1993), 85 Ohio App.3d 683 , 692 . Further, this court has stated that only one of the enumerated factors needs to be resolved in favor of the award of permanent custody. In re C.H. , Cuyahoga App. Nos. 82258 and 82852, 2003-Ohio-6854 , at ¶ 34.

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In Re C. C, 24101 (7-23-2008) · filed 2008-07-23(D)

When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must consider the following factors: "(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; "(2) 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; "(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999; [and] "(4) The 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[.]" R.C. 2151.414 (D)(1)-(4).

Section 2151.414(D) requires the court to consider all statutory best-interest factors, but only one factor must favor permanent custody for the court to terminate parental rights.

In Re A.B., 91108 (7-31-2008) · filed 2008-07-31(D)

Although the court must consider all of the R.C. 2151.414 (D) factors, only one of them needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.

Section 2151.414(D) requires a court deciding whether permanent custody is in a child's best interest to consider all listed factors, but only one factor must favor permanent custody to support termination of parental rights.

In Re C.P., 91393 (9-18-2008) · filed 2008-09-18(D)

When considering whether there is clear and convincing evidence that a child's best interest requires the court to grant permanent custody to a children services agency, the court must consider the following factors set forth in R.C. 2151.414 (D): ... Although the court must consider all of the R.C. 2151.414 (D) factors, only one of them needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.

Section 2151.414(D) requires a juvenile court to consider all relevant enumerated best-interest factors, but it need not discuss a factor unrelated to the facts of the case.

In Re A.M.L.B., 08ca0028 (9-29-2008) · filed 2008-09-29(D)

R.C. 2151.414 (D) requires the court to consider "all relevant" factors that are enumerated, not factors that are unrelated to the facts of this case. The trial court did not err by failing to discuss an irrelevant best interest factor.

Section 2151.414(D) requires a court deciding a child's best interest in a permanent-custody proceeding to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In Re taylor/hilborn/bristow Children, 2008ca00121 (10-6-2008) · filed 2008-10-06(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414 (D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414(D)'s best-interest considerations, though directed to permanent-custody dispositions, provide guidance when a juvenile court decides legal custody.

In Re W.W., 08ca0017 (11-10-2008) · filed 2008-11-10(D)

The best interest considerations set forth in R.C. 2151.414 (D), which relate to permanent custody dispositions, nonetheless "provide guidance" to the trial court. In re T.A. , 9th Dist. No. 22954, 2006-Ohio-4468 , at ¶ 17 .

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for permanence.

In Re N. H., 24355 (12-17-2008) · filed 2008-12-17(D)

When determining whether a grant of permanent custody is in the child's best interest, the juvenile court must consider all the relevant factors, including those enumerated in Section 2151.41.4(D) of the Ohio Revised Code: the relationships of the children, the wishes of the children, the custodial history of the children, and the children's need for permanence in their lives.

Section 2151.414(D)(1) specifically requires the court to consider a child's bond with a foster family in the best-interest analysis.

In Re S.E., Ca2008-05-046 (10-13-2008) · filed 2008-10-13(D)(1)

With respect to R.C. 2151.414 (D)(1), appellant contends the juvenile court erred in considering the children's bond with their foster family as part of its best interest analysis. Despite appellant's contention, however, this section specifically requires the court to consider such relationship, and appellant has presented no authority to support her position that the court erred in this regard.

Section 2151.414(D) requires a trial court either to address each listed best-interest consideration specifically in its judgment entry or otherwise affirmatively indicate in the record that it considered those factors.

In Matter of Haller, 16-08-16 (2-9-2009) · filed 2009-02-09(D)

As this Court has stated before, "[i]n rendering its judgment, the trial court must either specifically address each of the required considerations set forth in R.C. 2151.414 (D) in its judgment entry, or otherwise provide some affirmative indication in the record that the court has considered the specific factors listed in R.C. 2151.414 (D)." In re Robinson , 3d Dist. No. 1-08-24, 2008-Ohio-5311 , ¶ 30 , citing In re McMillin , 171 Ohio App.3d 686 , 2007-Ohio-2046 , 872 N.E.2d 975 , ¶ 12 (emphasis in original).

Section 2151.414(D)'s permanent-custody best-interest factors may guide a court deciding whether legal custody is in a child's best interest.

In Re C. M., 24380 (3-4-2009) · filed 2009-03-04(D)

While Ohio courts have held that legal custody decisions must be based on the best interest of the child, the Ohio Revised Code does not provide a test or set of criteria tailored to the disposition of legal custody motions. This Court has held that the statutory best interest test designed for a permanent custody situation may provide some guidance for trial courts making legal custody decisions. In re T.A. , 9th Dist. No. 22954, 2006-Ohio-4468 , at ¶ 17 . That test includes a consideration of various factors including: (1) the child's interaction with her parents, siblings, relatives, and foster caregivers, (2) the child's wishes, which may be expressed by the guardian ad litem, (3) the child's custodial history, and (4) the need for a legally secure permanent placement. R.C. 2151.414 (D). Accordingly, in reviewing this matter, this Court will consider evidence concerning the factors in R.C. 2151.414 (D) as well as other evidence relevant to the best interest of CM.

The permanent-custody best-interest factors in subsections (D) and (E) may guide a court deciding legal custody.

In Matter of D.B.E., 08 Ca 10 (3-26-2009) · filed 2009-03-26(D), (E)

Despite the differences between a disposition of permanent custody and a disposition of legal custody, some Ohio courts have recognized that "the statutory best interest test designed for the permanent custody situation may provide some `guidance' for trial courts making legal custody decisions." ... In the case sub judice, the trial court thoroughly analyzed the facts presented in light of the applicable best interest factors found in R.C. 2151.414 (D) and (E).

Section 2151.414(D) requires the juvenile court to consider every listed best-interest factor as well as other relevant factors, without giving any one factor greater weight than the others.

In Matter of L.C.B., Ca2008-10-135 (4-20-2009) · filed 2009-04-20(D)

The juvenile court must consider all of the elements in R.C. 2151.414 (D) as well as other relevant factors and there is not one element that is given greater weight than the others. Schaefer , 2006-Ohio-5513 , at ¶ 56 .

Section 2151.414(D) requires the court to consider all of the statutory best-interest factors, but only one factor must favor permanent custody to permit termination of parental rights.

In Re A.N. · filed 2009-04-23(D)

Although the court must consider all of the R.C. 2151.414(D) factors, only one of them needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.

Section 2151.414(D) requires the record to show that the trial court considered all necessary best-interest factors, but does not require the court to list each factor specifically.

In Matter of K.H., 5-08-45 (4-27-2009) · filed 2009-04-27(D)

In determining the best interest of a child, the trial court must consider the factors found in R.C. 2151.414 (D). While a trial court is not specifically required to list each factor considered under R.C. 2151.414 (D), the record must indicate that all of the necessary factors were considered. ... In its judgment entry, the trial court noted that it had considered all testimony and evidence from the hearing. The court had considered all relevant statutory sections, including R.C. 2151.414 (D)(1)-(5) and 2151.414 (D)(7)-(11).

Section 2151.414(D) requires the juvenile court, when deciding whether permanent custody is in a child's best interest, to consider every enumerated statutory factor, though it may also consider other relevant factors.

In Re H.P., 08ca009521 (5-11-2009) · filed 2009-05-11(D)

When determining whether a grant of permanent custody is in the children's best interest, the juvenile court must consider: (1) the child's personal interactions and relationships; (2) the child's wishes regarding placement; (3) the custodial history of the child; (4) whether there are appropriate alternatives to permanent custody: and (5) whether any of the factors in R.C. 2151.414 (E)(7) to (11) apply. R.C. 2151.414 (D). "Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors."

Section 2151.414 requires clear and convincing evidence that permanent custody is in the child’s best interest, and that standard is not met when termination rests primarily on a materially outdated psychological evaluation despite demonstrably changed circumstances.

In re S.C. · filed 2010-07-12(D)

{¶ 15} An agency seeking permanent custody must also demonstrate by clear and convincing evidence that such an action is in the best interest of the child. R.C. 2151.414(D) sets forth the factors a court must consider in the best-interest analysis: ... {¶ 32} In light of all the above, we cannot say that Children Services has proved by clear and convincing evidence that a secure placement for the children can be achieved only by terminating Collins’s parental rights. ... Rather, our decision is that such a determination should not be made primarily on the basis of a two-year-old psychological evaluation when conditions regarding both Collins’s sobriety and his home environment have demonstrably changed.

Section 2151.414(D) requires the trial court to consider all relevant factors when determining a child's best interest, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re K.W. · filed 2010-01-05(D)

R.C. 2151.414(D) directs the trial court to consider all relevant factors when determining the best interest of the child, including but not limited to “(1) the interaction and interrelationship of the child with the child’s parents, siblings, relatives, foster caregivers, * * * and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child, * * *; [and](4) the 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.”

A trial court satisfies the requirement to consider the best-interest factors when its judgment entry states that it considered § 2151.414 and otherwise affirmatively indicates that it considered the factors in subsection (D)(1).

In re R.S. · filed 2010-05-17(D)(1)

Here, not only did the trial court expressly state that it considered R.C. 2151.414 in its judgment entry when it made its best interest determination, but the trial court also provided an affirmative indication that it considered R.C. 2151.414(D)(1) when it discussed the GAL’s report in the same judgment entry.

Section 2151.414(D) requires the court to consider all relevant best-interest factors, and a strong bond with a parent does not preclude permanent custody when clear and convincing evidence supports the conclusion that permanent custody is in the children’s best interest.

In re T.L.H. · filed 2011-02-14(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody. ... The court’s finding that permanent custody is in the best interest of the children despite the strong bond they shared with appellant is supported by clear and convincing evidence.

Section 2151.414(D)'s best-interest factors may guide a court deciding legal custody in a dependency, neglect, or abuse case.

In re D.P. · filed 2011-04-18(D)

The factors listed in R.C. 2151.414 may provide some guidance in determining whether a grant of legal custody is in the best interest of the children.

Section 2151.414(D) requires the juvenile court to consider every listed best-interest factor, but does not require every factor to apply, and one factor favoring permanent custody is sufficient to support termination of parental rights.

In re E.D. · filed 2011-06-09(D)

R.C. 2151.414(D) does not require the juvenile court to find that each best interest factor applies, only that it consider each one. In re Shaeffer Children (1993), 85 Ohio App.3d 683, 621 N.E.2d 426. One factor enumerated in R.C. 2151.414(D) is not given greater weight than the others. Id. at ¶56. This court has “consistently held that only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.” In re Z.T., Cuyahoga App. No. 88009, 2007-Ohio-827, ¶56; see, also, In re P.C., Cuyahoga App. Nos. 90540 and 90541, 2008-Ohio-3458, ¶31, citing In re C.H., Cuyahoga App. Nos. 82258 and 82852, 2003-Ohio-6854, ¶34.

Section 2151.414(D) requires a court deciding a child's best interest at a permanent-custody hearing to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re Z.N. · filed 2011-06-23(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child's best interest to consider all relevant factors, including every factor enumerated in the statute.

In re T-G.M. · filed 2011-08-10(D)

When determining whether a grant of permanent custody is in a child’s best interest, the juvenile court must consider all the relevant factors, including those enumerated in R.C. 2151.414(D): the personal interaction and interrelationships of the children, the wishes of the children regarding placement, the custodial history of the children, and whether there are any appropriate alternatives to permanent custody. See In re R.G., 9th Dist. Nos. 24834 & 24850, 2009-Ohio-6284, at ¶11. “Although the trial court is not precluded from considering other relevant factors, the statute explicitly requires the court to consider all of the enumerated factors.” In re Smith (Jan. 2, 2002), 9th Dist. No. 20711, at *3. See, also, In re Palladino, 11th Dist. No. 2002-G-2445, 2002-Ohio-5606, at ¶24.

Section 2151.414(D)’s best-interest factors are mandatory for permanent-custody decisions but merely instructive, not mandatory, when a court decides legal custody under R.C. 2151.353(A)(3).

In re G.M. · filed 2011-08-18(D)

Unlike R.C. 2151.414(D), which sets forth specific factors that the court must consider before terminating parental rights and granting permanent custody, R.C. 2151.353(A)(3) does not independently set forth factors that the court should consider for determining the child’s best interests in a request for legal custody. ... Of course, the courts are free to consider any factors that they deem appropriate, including various statutory formulations of a child’s best interests, but consideration of other statutes is not mandatory.

Section 2151.414(D)(4) makes the possibility of a placement that avoids permanent agency custody one factor in the best-interest analysis, not a prerequisite requiring the agency to prove that permanent custody is the only option.

In re S.H. · filed 2011-09-16(D)(4)

In light of Schaefer, we reject Mother’s argument that the trial court was required to find no other option available before awarding permanent custody to MCCS. “The issue of a child’s best interest comes at the end of a long road. ” Id. at ¶65. Perhaps unlike earlier stages of a dependency, abuse, or neglect proceeding, a best-interest analysis in the context of an agency’s permanent custody motion requires considering more than whether a child could be reunited with a parent. Id. The possibility of placing S.H. somewhere other than in MCCS’s permanent custody was but one of the factors for the trial court to consider under R.C. 2151.414(D). Therefore, even if true, Mother’s assertion that awarding MCCS permanent custody was not the only way to provide stability for S.H. is far from dispositive.

Section 2151.414(D) requires a court determining a child's best interest at a permanent-custody hearing to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re A.P. · filed 2011-04-14(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414 permits permanent custody when clear and convincing evidence establishes that permanent custody is in the child's best interest under the factors in division (D)(1).

In re S.W. · filed 2011-02-22(B)(1), (D)(1)

R.C. 2151.414(B)(1) enables a trial court to grant permanent custody if the court determines by clear and convincing evidence that it is in the best interest of the child. ... R.C. 2151.414(D)(1) sets out the factors relevant to determining the best interests of the child. ... Upon review, we find the trial court had before it clear and convincing evidence to determine permanency to appellee was in the children's best interest.

Section 2151.414(C) bars a court from considering the effect that granting permanent custody to a children services agency would have on the parents.

In re J.C. · filed 2011-08-04(C)

In fact, R.C. 2151.414(C) expressly prohibits the court from considering the effect the granting of permanent custody to a children services agency would have upon the parents.

R.C. 2151.414(D) requires a trial court determining a child's best interest at a permanent-custody hearing to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re S.W. Children · filed 2011-03-21(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

Section 2151.414(D) requires a juvenile court deciding whether permanent custody is in a child’s best interest to consider all relevant factors, including the child’s relationships, wishes, custodial history, and need for permanence.

In re D.W. · filed 2011-11-09(D)

When determining whether a grant of permanent custody is in the children’s best interests, the juvenile court must consider all the relevant factors, including those enumerated in R.C. 2151.414(D): the interaction and interrelationships of the children, the wishes of the children, the custodial history of the children, and the children’s need for permanence in their lives.

Section 2151.414(D)(1) requires a court to consider every listed best-interest factor, but only one factor must favor permanent custody to support an award.

In re M.W. · filed 2011-12-15(D)(1)

In sum, although a trial court is required to consider each of the factors under R.C. 2151.414(D)(1) in making a determination regarding permanent custody, this court has noted that “[o]nly one of these factors needs to be resolved in favor of the award of permanent custody.” In re Moore (Aug. 31, 2000), Cuyahoga App. No. 76942. The court’s determination here was based on several factors and those findings were supported by competent, credible evidence.

Section 2151.414(D)(1) requires the juvenile court to consider the enumerated factors when deciding whether permanent custody is in a child's best interest.

In re S.B. · filed 2012-03-12(D)(1)

When determining whether a grant of permanent custody is in a child’s best interests, the juvenile court must consider the following factors: The interaction and interrelationship of the child with the child’s parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; 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; The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two- month period * * *; The 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[.] R.C. 2151.414(D)(1)(a)-(d). ... There was substantial evidence from which the trial court could conclude by clear and convincing evidence that permanent custody was in the best interest of S.B.

Section 2151.414(D)'s best-interest factors may guide a trial court when awarding legal custody, even though the legal-custody statutory scheme provides no specific test or criteria.

In re A.G. · filed 2012-04-11(D)

Although the statutory scheme regarding an award of legal custody does not include a specific test or set of criteria, this Court has previously held that the trial court must base such a decision on the best interest of the child. ... We have also noted that the factors contained in R.C. 2151.414(D) may provide guidance to the trial court in making an award of legal custody.

Section 2151.414(D)(1) requires a court deciding a child's best interests to consider all relevant factors, including the child's relationships, wishes, custodial history, need for a legally secure placement, and the specified statutory factors.

In re M.H. · filed 2011-09-19(D)(1)

The court must consider all relevant factors in determining whether granting the permanent custody motion serves the child's best interests. R.C. 2151.414(D)(1). These factors include, but are not limited to: (1) the interrelationship of the child with others; (2) the wishes of the child; (3) the custodial history of the child; (4) the child's need for a legally secure placement and whether such a placement can be achieved without a grant of permanent custody to the agency; and (5) whether any of the factors in divisions R.C. 2151.414(E)(7) to (11) apply. Id.

Section 2151.414(D)(1) requires the juvenile court to consider the relevant best-interest factors, but one factor favoring permanent custody can suffice to support termination of parental rights.

In re S.D. · filed 2012-05-24(D)(1)

This court has “consistently held that only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.” In re Z.T., 8th Dist. No. 88009, 2007-Ohio-827, ¶ 56; In re L.S., 8th Dist. No. 95809, 2011-Ohio-3836, ¶ 15. ... At the close of all of the proceedings, the court stated in its journal entry that it had considered all the relevant factors pursuant to R.C. 2151.414(D) in determining the best interest of the child. The record shows that the child had been in CCDCFS for almost his entire life. Although S.D. could not express his own desires, he is entitled to stability and a legally secure placement, and the trial court further found that this could only be achieved through permanent custody. In light of all the evidence, the trial court properly found that permanent custody was in the child’s best interest.

Section 2151.414(D)(1) requires the court to consider each listed best-interest factor, but only one factor must favor permanent custody to support an award.

In re N.P. · filed 2012-09-20(D)(1)

Although a trial court is required to consider each of the factors quoted above in making its permanent custody determination, this Court has noted that “[o]nly one of these factors needs to be resolved in favor of the award of permanent custody.” In re Moore, 8th Dist. No. 76942, 2000 Ohio App. LEXIS 3958 (Aug. 31, 2000).

Section 2151.414(D) makes the listed statutory factors the proper focus of the best-interest determination.

In re N.J. · filed 2012-11-26(D)

Rather, the termination of parental rights is governed by R.C. 2151.414 and the proper focus of a best interest determination is on the specific factors listed in R.C. 2151.414(D).

Under § 2151.414(D)(1), only one enumerated best-interest factor must favor an award of permanent custody.

In re S.M. · filed 2012-12-06(D)(1)

This court has stated that only one of these enumerated factors needs to be resolved in favor of the award of permanent custody.

Section 2151.414(D) requires the trial court to consider its listed factors when determining a child's best interest for a permanent-custody disposition.

In re H.G. · filed 2012-05-03(D)

In determining the best interest of a child for purposes of permanent custody disposition, the trial court is required to consider the factors contained in R.C. §2151.414(D).

Section 2151.414(D) requires the trial court to consider the statutory factors when determining a child's best interest for a permanent-custody disposition.

In re T.A. · filed 2012-05-07(D)

In determining the best interest of a child for purposes of permanent custody disposition, the trial court is required to consider the factors contained in R.C. 2151.414(D).

Section 2151.414(D) supplies the best-interest factors used in deciding a legal-custody disposition.

In re C.D. · filed 2012-05-27(D)

R. C. 2151.414(D) provides factors to be considered in making a best- interest-of-the-child determination: “In determining the best interest of a child at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) or (5) of section 2151.353 or division (C) of section 2151.415 of the Revised Code, the court shall consider all relevant factors, including, but not limited to, the following: “(1) The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child; “(2) 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; “(3) The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999; “(4) The 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; “(5) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child.”

Section 2151.414(D) supplies the factors a court considers when determining a child's best interest in a legal-custody dispositional hearing.

In re L.S. · filed 2012-08-21(D)

R.C. 2151.414(D) provides factors to be considered in making a best- interest-of-the-child determination: ... “In determining the best interest of a child at a hearing held pursuant to division (A) of this section or for the purposes of division (A)(4) or (5) of section 2151.353 or division (C) of section 2151.415 of the Revised Code, the court shall consider all relevant factors, including, but not limited to, the following: ... “(e) Whether any of the factors in divisions (E)(7) to (11) of this section apply in relation to the parents and child.”

Section 2151.414(D)(1) requires a juvenile court deciding whether permanent custody is in a child’s best interest to consider the child’s relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re P.W.T. · filed 2011-11-14(D)(1)

When determining whether a grant of permanent custody is in the children’s best interests, the juvenile court must consider the following factors: “(a) The interaction and interrelationship of the child with the child’s parents, siblings, relatives, 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 the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period ***; “(d) The 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[.]” R.C. 2151.414(D)(1)(a)-(d). ... There was substantial evidence before the trial court to support its conclusion that permanent custody was in the best interest of PWT.

Section 2151.414(D) requires consideration of all relevant best-interest factors, and a permanent-custody award is proper when competent, credible evidence supports the court's best-interest determination.

In re A.J.M. · filed 2012-04-18(D)

In determining the best interest of the child at a permanent custody hearing, R.C. §2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody. ... Based upon the foregoing reasons and the entire record in this matter, we find the trial court’s decision to grant permanent custody to DCDJFS was not against the manifest weight of the evidence.

Section 2151.414(D)(1) requires courts deciding a child’s best interest to consider the relevant statutory factors; no single factor is controlling, and not every listed condition must be satisfied.

In re R.L. · filed 2012-12-21(D)(1)

R.C. 2151.414(D)(1) lists relevant factors that courts must consider in determining the best interest of a child. These factors include, but are not limited to, the following: ... Not every statutory condition must be met before a determination regarding best interest may be made. ... And no one statutory factor is more important than any other. ... Given the lack of evidence regarding the best interest determination as well as the lack of a discussion of the statutory factors by the juvenile court, coupled with the stated wishes of the older children and the fact that adoption would result in their separation from one another, we conclude that the court abused its discretion in determining that awarding permanent custody of the children to the agency is in their best interest.

Section 2151.414(D) requires the juvenile court, when deciding whether permanent custody is in a child's best interest, to consider all relevant factors, including each factor enumerated in the statute.

In re C.H. · filed 2013-02-25(D)

When determining whether a grant of permanent custody is in a child’s best interest, the juvenile court must consider all the relevant factors, including those enumerated in R.C. 2151.414(D): the interaction and interrelationships of the children, the wishes of the child, the custodial history of the child, and the child’s need for permanence in his life.

Section 2151.414(D)(1)'s best-interest factors are instructive when a court decides legal custody under section 2151.353(A)(3), although that legal-custody statute does not independently require those factors.

In re E.A. · filed 2013-03-28(D)(1)

“Unlike R.C. 2151.414(D), which sets forth specific factors that the court must consider before terminating parental rights and granting permanent custody, R.C. 2151.353(A)(3) does not independently set forth factors that the court should consider for determining the child’s best interests in a request for legal custody.” In re G.M., 8th Dist. No. 95410, 2011-Ohio-4090, ¶ 16. Thus, the factors in R.C. 2151.414(D) are instructive when making a best-interest-of-the-child determination.

Section 2151.414(D) requires a trial court determining a child's best interest for a permanent-custody disposition to consider the factors contained in that subsection.

In re A.R. · filed 2013-01-14(D)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider the factors contained in R.C. 2151.414(D).

Section 2151.414(D) requires a trial court deciding a child's best interest for a permanent-custody disposition to consider the factors listed in that subsection.

In re A.R. · filed 2013-02-13(D)

In determining the best interest of a child for purposes of permanent custody disposition, the trial court is required to consider the factors contained in R.C. 2151.414(D).

Section 2151.414(D) sets forth the factors to consider in determining a child’s best interest.

In re C.F. · filed 2013-04-08(D)

R.C. 2151.414(D) sets forth factors to be considered in making a determination regarding the best interest of the child.

Under § 2151.414(D)(1), permanent custody may be in a child's best interest despite the child's bond with a parent and the need for another placement before adoption when the child's special needs require permanency and the parent still struggles with addiction and lacks suitable housing and stability.

In re E.M · filed 2013-02-04(D)(1)

First, the court must find that the grant of permanent custody to the agency is in the best interest of the child, utilizing, in part, the factors of R.C. 2151.414(D). Second, the court must find that any of the following apply: the child is abandoned; the child is orphaned; the child has been in the temporary custody of the agency for at least 12 months of a consecutive 22-month period; or where the preceding three factors do not apply, the child cannot be placed with either parent within a reasonable time or should not be placed with either parent. ... Based on consideration of the above factors, the court determined that it was in the best interest of the children to grant permanent custody to the agency. We find no error in this determination. The court recognized that the children are bonded to appellant and that an additional placement and waiting period would have to be completed before an adoption could take place. The court recognized that the children have special needs and need permanency in their lives. Although appellant has made some progress, she still struggles with addiction, does not have housing that is currently appropriate for the children, and cannot provide the stability the children need.

R.C. 2151.414(D) requires a court deciding a child's best interest in a permanent-custody proceeding to consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure placement.

In re N.R. · filed 2013-06-03(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child’s parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child and (4) the child’s need for a legally secure placement and whether that type of placement can be achieved without a grant of permanent custody. ... Accordingly, we find that clear and convincing evidence supports the trial court’s conclusion that it is in the best interest of N.R. to grant permanent custody to SCDJFS.

Section 2151.414(D)'s best-interest factors may guide, but are not required for, a legal-custody determination under section 2151.353(A)(3).

In re L.P. · filed 2013-06-24(D)

While not specifically required, to determine the best interest of a child for purposes of R.C. 2151.353(A)(3), trial courts may be guided by the factors listed in R.C. 3109.04(F)(1) or 2151.414(D).

Section 2151.414(D)(1)(e) requires consideration of whether any factor in (E)(7) through (11) applies, but the court may satisfy that duty by discussing an applicable factor elsewhere in its judgment rather than within its best-interest analysis.

In re J.H. · filed 2013-03-29(D)(1)(e), (E)(11)

Third, Amber argues the trial court erred in not discussing the fifth best-interest factor, i.e., “whether any of the factors in divisions (E)(7) to (11) of [R.C. 2151.414] apply in relation to the parents and child.” Again, we disagree. These factors include whether a parent has had the parental rights terminated with respect to a sibling of the child. R.C. 2151.414 (E)(11). While the court did not discuss this factor under its best-interest analysis, the court satisfied its duty by discussing this factor elsewhere in the judgment. See In re Jacobs, 11th Dist. No. 99-G-2231, 2000 Ohio App. LEXIS 3859, *13 (Aug. 25, 2000). The court found “that a prior order ha[d] been issued [by the Cuyahoga County Court of Common Pleas] granting permanent custody of” Amber’s first child to Cuyahoga County Children Services. Thus, the court found that one of the factors at R.C. 2151.414(E)(7) to (11) applied. We note there is no evidence in the record that any of the other factors in R.C. 2151.414(E)(7) to (E)(11) applies here. The court thus satisfied its duty to discuss the fifth best-interest factor.

The factors in Section 2151.414(D)(1), though mandatory before terminating parental rights and granting permanent custody, are instructive when determining a child’s best interests in a request for legal custody.

In re T.J. · filed 2013-12-12(D)(1)

“Unlike R.C. 2151.414(D), which sets forth specific factors that the court must consider before terminating parental rights and granting permanent custody, R.C. 2151.353(A)(3) does not independently set forth factors that the court should consider for determining the child’s best interests in a request for legal custody.” In re G.M., 8th Dist. Cuyahoga No. 95410, 2011-Ohio-4090, ¶ 16. Thus, the factors in R.C. 2151.414(D) are instructive when making a best-interest-of-the-child determination. Id.; In re M.J.M., 8th Dist. Cuyahoga No. 94130, 2010-Ohio-1674, ¶ 16. ... In this case, a preponderance of the evidence supported the trial court’s judgment that it was in the best interest of the children to grant legal custody to their uncle.

In a best-interest analysis under Section 2151.414(D)(1), the court must consider all relevant factors, including the five enumerated factors, without giving any one factor greater weight or heightened significance.

In re M.B. · filed 2013-12-23(D)(1)

“In a best-interests analysis under R.C. 2151.414(D), a court must consider ‘all relevant factors,’ including five enumerated statutory factors, one of which is the wishes of the child. No one element is given greater weight or heightened significance.” ... As there is competent and credible evidence to support this determination by clear and convincing evidence, the trial court did not abuse its discretion.

Section 2151.414(D) gives no single best-interest factor greater weight than the others, so a parent's recent improvement does not necessarily outweigh the remaining factors.

In re C.G. · filed 2014-01-28(D)(1)

As FCCS points out, the parents' best interest argument suggests Mother's change in her domestic situation is entitled to more weight than any other factor in the best interest analysis. However, R.C. 2151.414(D) does not give any one factor "greater weight than the others." In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, ¶ 56. ... The limited progress Mother made on the case plan and her optimism about her future prospects without Father did not compel the trial court to deny FCCS' motion for permanent custody. We find clear and convincing evidence supports the trial court's finding that it was in the children's best interest to grant FCCS permanent custody.

In determining a child's best interest at a permanent-custody hearing, the court must consider all relevant factors, including the child's relationships, wishes, custodial history, and need for a legally secure permanent placement.

In re C.G. · filed 2014-02-18(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

A court need not enumerate every best-interest factor, but the record must indicate that it considered all necessary factors; considering only custodial history and secure placement is insufficient.

In re N.G. · filed 2014-02-28(D)(1)

It is clear from the court’s decision that it considered the R.C. 2151.414(D)(1)(d) factor, concluding that N.G.’s need for legally secure permanent placement could be achieved by granting legal custody to Ms. Carter. The decision also considered N.G.’s custodial history. See R.C. 2151.414(D)(1)(c). Missing from the decision, however, was any indication that the court considered N.G.’s interaction with her parents, siblings, and foster caregivers, or her wishes as expressed by the GAL. See R.C. 2151.414(D)(1)(a)-(b). While a court does not have to enumerate each factor under R.C. 2151.414, “there must be some indication on the record that all of the necessary factors were considered.” In re G.B., 10th Dist. Franklin No. 04AP-1024, 2005-Ohio- 3141, ¶ 17. For this reason, we sustain HCJFS’s sole assignment of error and the GAL’s second assignment of error. We, therefore, reverse the judgment of the trial court and remand the matter for consideration of the factors.

No one statutory best-interest factor carries greater weight than the others, and a child's wish to return to a parent may be outweighed by factors favoring permanent custody.

In re M.U. · filed 2014-04-18(D)(1)

“There is not one element that is given greater weight than the others pursuant to the statute.” ... But the trial court concluded that this one factor supporting reunification did not outweigh the factors that supported termination of mother’s parental rights. ... Therefore, there was ample justification in the record to support the decision of the trial court to terminate mother’s parental rights, even though the children wished to return to her.

No single R.C. 2151.414(D)(1) factor is more important than another, so a court need not emphasize the children's wishes or family relationships to the exclusion of the other best-interest factors.

In re J.W. · filed 2014-06-27(D)(1)

In addition, “[n]ot every statutory condition must be met before a determination regarding best interest may be made. * * * And no one statutory factor is more important than any other.” (Citations omitted.) ... The trial court was not required to place emphasis on the children’s wishes or the relationships among the family, to the exclusion of all other factors.

The court must consider the enumerated best-interest factors but need not provide a clear analysis of each factor if the record clearly shows that all were considered.

In re T.B. · filed 2014-12-19(D)(1)

Thus, the statute does not require the juvenile court to provide a “clear analysis” of each of the factors so long as ... the record clearly demonstrates that they were considered in arriving at the best interest determination.

Only one statutory best-interest factor needs to favor permanent custody for the court to terminate parental rights.

In re M.J. · filed 2015-01-16(D)

We have previously held that “ ‘only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.’ ” In re N.Q., 2d Dist. Montgomery No. 25428, 2013-Ohio-3176, ¶ 71, citing In re Z.T., 8th Dist. Cuyahoga No. 88009, 2007-Ohio-827, ¶ 56.

Case-plan progress is not dispositive of a child's best interest, and permanent custody may be appropriate when even one Section 2151.414(D) factor supports it.

In re R.P. · filed 2015-10-16(D)

While Father and Mother admittedly made progress on their case plans, that fact is not dispositive of their child’s best interest. The trial court is best positioned to weigh the various best-interest factors, and an award of permanent custody to the State can be appropriate even when just one of those factors supports such a disposition.

Section 2151.414(D)(1) gives no best-interest factor greater weight than the others, and resolving even one enumerated factor in favor of permanent custody can support termination.

In re D.S. · filed 2015-11-02(D)(1)

While a trial court is required to consider each relevant factor under R.C. 2151.414(D)(1) in making a permanent custody determination, "'no one factor is given greater weight than the others pursuant to the statute.'" In re T.H., 8th Dist. Cuyahoga No. 100852, 2014-Ohio-2985, ¶23, quoting In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, 857 N.E.2d 532, ¶56. And only one of the enumerated factors needs to be resolved in favor of an award of permanent custody to the agency for the trial court to terminate parental rights.

The best-interest factors may favor permanent custody despite no direct physical harm when the child has been adversely affected by witnessing a parent's aggression and suicidal behavior.

In re Z.H. · filed 2015-08-12(D)(1)

We note that while there is no evidence that mother ever physically harmed Z.H., Z.H. has been adversely affected by witnessing several instances of aggression and suicidal ideation by mother.

Only one R.C. 2151.414(D) factor must be resolved in favor of permanent custody for a court to terminate parental rights.

In re D.H. · filed 2016-01-19(D)

We note “only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights.”

Resolving one Section 2151.414(D) factor in favor of permanent custody may support termination of parental rights.

In re J.K. · filed 2016-03-14(D)

We note "only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to terminate parental rights."

The factors in § 2151.414 provide guidance when determining whether granting legal custody is in a child's best interest.

In re M.F. · filed 2016-04-25(D)(1)

“Although there is no specific test or set of criteria set forth in the statutory scheme, courts agree that the trial court must base its decision on the best interest of the child.” ... “‘[T]he factors listed in R.C. 2151.414 provide guidance in determining whether a grant of legal custody is in the best interest of the child.’”

Section 2151.414(D)(1) does not prioritize the best-interest factors; the juvenile court may assign them different relative weight according to the circumstances rather than merely count factors for and against permanent custody.

In re J.L.M. · filed 2016-05-02(D)(1)

While this statement in In the Matter of H.G. is correct as far as it goes, we wish to clarify it by pointing out that, while R.C. 2151.414(D)(1) lists the best-interest factors the juvenile court is to consider in making its custody determinations, this provision does not prioritize the factors. The juvenile court must be free to use its discretion to determine the relative weight to be accorded to the factors based on the particular circumstances of the case before it. Otherwise, the question of whether or not permanent custody is in a child's best interest would be determined merely by counting whether more factors are in favor or against granting permanent custody.

Although the court must consider every subsection (D)(1) factor, only one factor must favor permanent custody to support the award.

In re T.M. · filed 2016-07-14(D)(1)

Although a trial court is required to consider each of the R.C. 2151.414(D)(1) factors in making its permanent custody determination, “[o]nly one of these factors needs ... to be resolved in favor of the award of permanent custody.”

A court deciding legal custody may consider the best-interest factors in § 2151.414(D)(1), even though those factors govern permanent-custody decisions, because the applicable legal-custody inquiry permits consideration of all relevant factors.

In re C.N. · filed 2016-10-14(D)(1)

Notably, R.C. 3109.04(F)(1) does not limit courts to just the listed factors; courts are permitted to consider “all relevant factors.” Thus, the trial court could consider other factors, including those in R.C. 2151.414(D)(1), if the court so chose. The trial court, therefore, did not commit error by referencing R.C. 2151.414(D)(1).

When reviewing permanent custody, the court must consider the children's interactions, wishes, custodial history, and need for permanence.

In re J.S. · filed 2017-01-11(D)

When determining the children’s best interests under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the children, their wishes, the custodial history of the children, and their need for permanence in their lives.

Under Section 2151.414(D)(1), a caseworker’s assessment that children need stability and a guardian ad litem’s permanent-custody recommendation can support a best-interest finding.

In re M.H. · filed 2017-03-27(D)(1)

However, given the caseworker’s assessments of the children’s need for a stable environment and the GAL recommendation of permanent custody, we hold the trial court’s decision did not rise to the level of plain error.

For a legal-custody determination, Section 2151.414(D) requires the juvenile court to consider all relevant factors, including the child’s interactions, wishes, custodial history, and need for permanence.

In re P.D. · filed 2017-03-29(D)

When determining the child’s best interest under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the child, his wishes, the custodial history of the child, and his need for permanence in his life.

No single Section 2151.414(D)(1) best-interest factor receives greater weight or heightened significance.

In re H.D. · filed 2017-04-10(D)(1)

As this court has stated previously, "[n]o one factor is to be given greater weight or heightened significance in the juvenile court's analysis." In re J.H., 12th Dist. Clinton Nos. CA2015-07-014 and CA2015-07-015, 2016-Ohio-640, ¶ 41, citing In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, ¶ 56.

A juvenile court determining a child's best interest under subsection (D) must consider all relevant factors, including relationships, wishes, custodial history, and the need for permanence.

In re P.R. · filed 2017-06-28(D)

When determining the child’s best interest under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the child, the wishes and custodial history of the child, and the need for permanence in the child’s life.

The catch-all requirement to consider all relevant best-interest factors permits consideration of a parent’s drug addiction, parenting inability, criminal history, and incarceration even when those circumstances do not fit an enumerated factor.

In re D.B. · filed 2017-07-12(D)(1)

These ... factors do not fit neatly into one of the enumerated “best interest” factors, but were properly considered by the court under the catch-all “all relevant factors” provision in R.C. 2151.414(D)(1).

Although subsection (D)’s best-interest test governs permanent custody, its factors also provide guidance in deciding legal custody.

In re J.C. · filed 2017-08-09(D)

“[T]his Court has held that the best interest test set forth in R.C. 2151.414(D), although it relates to permanent custody, ‘provide[s] guidance’ in legal custody determinations.” In re B.G., 9th Dist. Summit No. 24187, 2008-Ohio-5003, ¶ 9, quoting In re T.A., 9th Dist. Summit No. 22954, 2006-Ohio-4468, ¶ 17. When determining the children’s best interest under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the children, their wishes, their custodial history, and their need for permanence in their lives.

Section 2151.414(D) requires the juvenile court to consider all relevant factors, including the children's relationships, wishes, custodial history, and need for permanence.

In re T.Z. · filed 2017-09-13(D)

When determining the children’s best interest under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the children, their wishes, their custodial history, and the need for permanence in their lives. In re R.G., 9th Dist. Summit Nos. 24834, 24850, 2009-Ohio-6284, ¶ 11.

The subsection (D)(1) factors guide legal-custody decisions, and the command that the court “shall” consider them is mandatory.

In re A.P. · filed 2017-12-11(D)(1)

The juvenile court is guided by the best interest factors set forth in R.C. 2151.414(D) relating to permanent custody. ... R.C. 2151.414(D)(1) provides that the ... trial court “shall” consider the enumerated factors and all other relevant factors. That language has always been construed as mandating that the trial court consider those factors.

Because Section 2151.414(D)(1) permits consideration of all relevant factors, a court may consider Section 2151.414(E) factors beyond those in (E)(7) through (E)(11) in its best-interest analysis.

In re R.P. · filed 2018-02-09(D)(1)

None of the factors in R.C. 2151.414(7)-(11) were present. However, R.C. 2151.414(D)(1) does not limit the factors that can be considered, and the trial court did not err in discussing R.C. 2151.414(E)(1), (2), (4), and (14).

No single subsection (D)(1) best-interest factor receives greater weight or heightened significance over the others.

In re S.E. · filed 2018-02-20(D)(1)

This is because, as this court has stated previously, "[n]o one factor is to be given greater weight or heightened significance in the juvenile court's analysis."

Subsection (D)'s best-interest inquiry requires consideration of all relevant factors, including the child's relationships, wishes, custodial history, and need for permanence.

In re K.J.B. · filed 2018-08-08(D)

When determining the child’s best interest under R.C. 2151.414(D), the juvenile court must consider all relevant factors, including the interaction and interrelationships of the child, the child’s wishes, the custodial history of the child, and the need for permanence in the child’s life.

Subsection (D)(1) requires a totality-of-the-circumstances best-interest determination and gives no single factor greater statutory weight than the others.

In re D.R. · filed 2018-08-27(D)(1)

Under this test, the trial court considers the totality of the circumstances when making its best interest determination and no single factor is given greater weight than others by the statute.

A trial court may consider subsection (E) factors as other relevant factors in the subsection (D)(1) best-interest determination and may give them substantial weight.

In re K.M. · filed 2018-09-17(D)(1), (E)

However, it is evident that the trial court also considered the R.C. 2151.414(E) factors in determining whether it is in K.M.’s and D.M.’s best interest to grant permanent custody to the agency and that the trial court afforded these factors great weight in concluding that permanent custody is in K.M.’s and D.M.’s best interest.

Subsection (D)’s permanent-custody best-interest factors may guide the best-interest determination in a legal-custody case.

In re D.S. · filed 2018-09-20(D)

The factors listed under R.C. 2151.414(D) may be instructive in determining what is in a child’s best interest in a legal custody case. In re T.R. at ¶ 48. Those factors include: the interaction of the child with the child’s parents, relatives, and caregivers; the wishes of the child, as expressed directly by the child or through the child’s guardian ad litem; the custodial history of the child; and the child’s need for a legally secure permanent placement. R.C. 2151.414(D).

Subsection (D)’s permanent-custody best-interest factors guide the court’s determination whether to award legal custody to a parent or relative.

In re A.S. · filed 2018-10-17(D)

In that regard, the juvenile court is guided by the best interest factors enunciated in R.C. 2151.414(D) relating to permanent custody. ... Those factors include the interaction and interrelationships of the child, the child’s wishes, the custodial history of the child, the child’s need for permanence, and whether any of the factors in R.C. 2151.414(E)(7)-(11) are applicable.

Only one subsection (D) best-interest factor needs to favor permanent custody for the court to award custody to the agency.

In re L.R.D. · filed 2019-01-17(D)

This court has consistently held that only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of the award of permanent custody in order for the court to award permanent custody to a proper agency.

Subsection (D) mandates consideration of all relevant factors in determining whether permanent custody is in the child's best interest.

In re A.R. · filed 2019-02-06(D)

In determining the best interest of the child at a permanent custody hearing, R.C. 2151.414(D) mandates the trial court must consider all relevant factors, including, but not limited to, the following: (1) the interaction and interrelationship of the child with the child's parents, siblings, relatives, foster parents and out-of-home providers, and any other person who may significantly affect the child; (2) 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; (3) the custodial history of the child; and (4) the child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody.

The court must consider every subsection (D)(1) factor without giving one greater weight, but only one factor need favor permanent custody.

In re K.Z. · filed 2019-02-28(D)(1)

Although the juvenile court is required to consider each factor listed in R.C. 2151.414(D)(1), no one factor is to be given greater weight than the others. ... Further, only one of the factors set forth in R.C. 2151.414(D) needs to be resolved in favor of permanent custody.

The best-interest analysis must consider all relevant factors, including the enumerated subsection (D)(1) factors.

In re T.J. · filed 2019-03-26(D)(1)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider all relevant factors, including, ... but not limited to, the factors contained in R.C. 2151.414(D)(1).

The best-interest analysis must consider all relevant factors, including the enumerated subsection (D)(1) factors.

In re J.J. · filed 2019-03-26(D)(1)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider all relevant factors, including, ... but not limited to, the factors contained in R.C. 2151.414(D)(1).

The best-interest analysis must consider all relevant factors, including the enumerated subsection (D)(1) factors.

In re B.J. · filed 2019-03-26(D)(1)

In determining the best interest of a child for purposes of a permanent custody disposition, the trial court is required to consider all relevant factors, including, ... but not limited to, the factors contained in R.C. 2151.414(D)(1).

Section 2151.414(D)(1)'s best-interest factors may guide a juvenile court deciding temporary custody even though the statutory scheme supplies no specific test outside permanent custody.

In re L.R. · filed 2019-03-29(D)(1)

However, as Ohio courts are guided by the best interest factors in R.C. 2151.414(D) (relating to permanent custody) and in R.C. 3109.04(F)(1) (relating to the allocation of parental rights and responsibilities) in legal custody cases, it is reasonable to seek guidance from those same factors regarding an award of temporary custody.

Sections 2151.414(D)(1) and (D)(2) provide alternative ways to determine best interest, so a court using subsection (D)(1)'s factor test need not also satisfy subsection (D)(2).

In re J.P. · filed 2019-04-30(D)(1), (D)(2)

R.C. 2151.414(D)(1) and 2151.414(D)(2) are alternative means for reaching the best-interest determination.

No single best-interest factor under division (D) receives greater weight or heightened significance.

In re A.N. · filed 2019-05-03(D)

“No one element is given greater weight or heightened significance.”