Ohio Rev. Code Ann. § 2151.414

A court must consider every statutory best-interest factor but need not discuss each one if the record otherwise shows that all necessary factors were considered.

In re A.M. · filed 2019-05-24(D)

But there is no requirement that the trial court discuss the application of each statutory factor it has considered. The requirement is that the trial court consider the factors.

Subsection (D)(1) requires the juvenile court to consider and weigh its listed factors when determining a child's best interest.

In re L.R. · filed 2019-06-12(D)(1)

Subsection (D)(1) lists factors that the juvenile court must consider and weigh in its determination.

Subsection (D) requires consideration of all relevant best-interest factors, including relationships, wishes, custodial history, the need for a legally secure placement, and applicable subsection (E)(7) through (11) factors.

In re M.J.C. · filed 2019-06-14(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, 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; (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.

Subsection (D)(1) requires consideration of all relevant best-interest factors, including children's relationships, wishes, custodial history, and need for permanence.

In re A.S. · filed 2019-06-19(D)(1)

When determining the children’s best interest under Revised Code Section 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.

A court satisfies Section 2151.414(D)(1)'s duty to consider best-interest factors when it identifies each factor, details the evidence relevant to each one, and then conducts an express best-interest analysis.

In re T.L.W. · filed 2019-08-02(D)(1)

The trial court then stated that it would consider all relevant factors, including those identified in R.C. 2151.414(D)(1). ... Following that statement, the trial court devoted nine single-spaced pages to identifying each best-interest factor and detailing the evidence as it pertained to each factor. ... This exercise by the trial court, alone, persuades us that it satisfied its statutory responsibility to “consider” the best-interest factors.

No individual best-interest factor under division (D)(1) has greater weight or heightened significance.

In re J.A. · filed 2019-10-02(D)(1)

No one factor has “greater weight or heightened significance.”

Divisions (D)(1) and (D)(2) provide alternative methods for determining whether permanent custody is in a child's best interest.

In re A.H. · filed 2019-10-03(D)(1), (D)(2)

R.C. 2151.414(D)(1) and 2151.414(D)(2) are “alternative means” for determining whether permanent custody is in a child’s best interest.

A court must consider every division (D) element and other relevant factors, without giving any one element greater weight.

In re C.D.Y. · filed 2019-10-17(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”

A permanent-custody best-interest determination must reflect close consideration of all division (D) factors.

In re K.B. · filed 2019-10-18(D)

The findings issued by the trial court reflect a close consideration of all of the factors listed in this section of the Code.

Only one division (D)(1) factor needs to favor permanent custody to support termination of parental rights.

In re R.H. · filed 2019-10-31(D)(1)

“The juvenile court only needs to find one of the above factors in favor of permanent custody to terminate parental rights.”

Subsection (D)(1) requires consideration of all relevant best-interest factors, including relationships, wishes, custodial history, and the need for a legally secure placement.

In re D.D. · filed 2019-11-08(D)(1)

Furthermore, in determining the best interest of the child in permanent custody cases, R.C. 2151.414(D)(1) states the trial 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, 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.

Subsection (D)(1) requires consideration of all relevant factors without giving any single factor greater weight or heightened significance.

In re C.S. · filed 2019-11-20(D)(1)

R.C. 2151.414(D)(1) requires the trial court “to consider ‘all relevant factors,’ including five enumerated statutory factors * * *. No one element is given greater weight or heightened significance.”

Subsection (D)'s best-interest analysis gives no one factor greater weight than the others.

In re J.W. · filed 2019-11-21(D)

R.C. 2151.414(D) does not give any one factor "greater weight than the others."

Only one enumerated subsection (D)(1) factor must favor permanent custody to support the best-interest prong.

In re J.J. · filed 2019-12-05(D)(1)

Also, only one of these enumerated factors needs to be resolved in favor of the award of permanent custody.

No Section 2151.414(D)(1) best-interest factor receives greater weight than another, and parental interests must be subordinated to the child's interest.

In re M.A. · filed 2019-12-30(D)(1)

In considering these best interest factors, "[t]here is not one element that is given greater weight than the others pursuant to the statute." ... Moreover, the focus is on the child's best interest, therefore "[p]arental interests must be subordinated to the child's interest in determining an appropriate disposition of any petition to terminate parental rights."

Subsection (D)(1) requires consideration of every relevant factor as well as its specifically enumerated best-interest factors.

In re K.Z. · filed 2020-03-13(D)(1)

R.C. 2151.414(D)(1) requires a trial court to consider all relevant, as well as specific, factors to determine whether a child’s best interest will be served by granting a children services agency permanent custody.

In a legal-custody decision guided by Section 2151.414(D), merely reciting the best-interest factors without applying them to the facts does not permit meaningful appellate review and may require reversal.

In re E.R.M. · filed 2020-05-06(D)

As discussed in more detail below, the court merely cited the best interest factors within R.C. 2151.414(D) but failed to assign these factors to any of the facts and instead relied on facts that pointed in the opposite direction. Accordingly, because the juvenile court invoked the wrong legal standard, we must sustain the Webers’ first assignment of error.

Section 2151.414(D)(1) requires consideration of all relevant best-interest factors and gives no one factor greater weight than the others.

In re M.T. · filed 2020-05-14(D)(1)

R.C. 2151.414(D)(1)(a) through (e). R.C. 2151.414(D) does not give any one factor "greater weight than the others."

The record must affirmatively show consideration of every division (D)(1) best-interest factor before permanent custody may be upheld.

In re J.F. · filed 2020-05-26(D)(1)

Absent an affirmative indication that the trial court considered all of the best-interest factors listed in R.C. 2151.414(D)(1), we are unable to determine whether clear and convincing evidence supports that it is in the best interest of the children to grant permanent custody to the agency.

Unlike first-prong permanent-custody grounds fixed at a point in time, a child's best interest under division (D)(1) is fluid because the child's care needs continually change.

In re D.M. · filed 2020-06-10(D)(1)

“Unlike factual first-prong permanent custody grounds that can be established at a finite point in time, the child’s best interest is a fluid concept, as it involves the child’s continually-changing need for appropriate care.”

A permanent-custody judgment must affirmatively indicate that the court considered division (D)(1)'s best-interest factors.

In re A.N. · filed 2020-06-15(D)(1)

A review of the judgment entry does not affirmatively indicate that the trial court considered the factors and the phrase “best interest” does not appear in the judgment entry. The entry does not indicate in any way that the trial court considered the best interest of A.N. before granting the motion.

No individual division (D)(1) best-interest factor receives greater weight than the others.

In re J.L-H. · filed 2020-06-15(D)(1)

"[T]here is not one element that is given greater weight than the others pursuant to the statute."

Section 2151.414(D)(1)'s best-interest decision considers the totality of the circumstances, and no one factor receives greater weight or heightened significance.

In re H.B. · filed 2020-08-26(D)(1)

No one factor has “greater weight or heightened significance.” ... “Instead, the trial court considers the totality of the circumstances when making its best interest determination.”

A permanent-custody decision need not enumerate every division (D) factor but the record must indicate that all necessary factors were considered.

In re T.W. · filed 2020-09-30(D)

And while this court has consistently held that "[a] trial court is not required to specifically enumerate each factor under R.C. 2151.414(D) in its decision * * * [t]here must be some indication on the record that all of the necessary factors were considered."

A court need not discuss each division (D)(1) factor if the record otherwise shows that all necessary factors were considered.

In re A.F. · filed 2020-10-28(D)(1)

We strongly encourage the juvenile court’s discussion of each factor, but we cannot find error in the juvenile court’s failure to discuss each factor if the record otherwise indicates that all of the necessary factors were considered.

The division (E)(7) through (11) factors referenced by division (D)(1)(e) do not apply in every case.

In re D.N. · filed 2020-10-29(D)(1)(e), (E)(7)-(11)

Due to the nature of the factors set forth in R.C. 2151.414(E)(7) to (11), they will not apply in every case.

Division (D)(1) requires consideration of all listed and other relevant best-interest factors.

In re C.C. · filed 2020-11-02(D)(1)

“Under R.C. 2151.414(D)(1), the trial court is required to consider all relevant factors listed in that subdivision, as well as any other relevant factors.”

Only one subsection (D)(1) factor needs to favor permanent custody to support terminating parental rights.

In re J.L. · filed 2020-11-12(D)(1)

Only one of the factors needs to be resolved in favor of permanent custody to terminate parental rights.

Subsection (D)(1) requires consideration of all relevant best-interest factors, including relationships, wishes, custodial history, need for permanence, and applicable subsection (E)(7) through (11) factors.

In re L.R. · filed 2020-11-16(D)(1)

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, the custodial history of the children, the need for permanence in their lives, and whether any of the factors set forth in R.C. 2151.414(E)(7) to (11) apply to the facts of the case.

Section 2151.414(D)(1) requires a court to consider all relevant best-interest factors once a statutory permanent-custody ground is established.

In re J.S. · filed 2021-01-15(D)(1)

Our review of the record shows that there was competent, credible evidence from which the trial court could have found by clear and convincing evidence that granting permanent custody of J.S. to MCCS was in the best interest of the child.

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

In re D.G · filed 2021-02-17(D)(1)

“In conducting the best-interest analysis ‘no single factor is given greater weight or heightened significance.’ ”

Division (D) gives no individual best-interest factor greater relevance than the others.

In re D.F. · filed 2021-02-18(D)(1)

R.C. 2151.414(D) does not give any one factor "greater relevance than the others."

Only one division (D)(1) factor need favor permanent custody to support a best-interest finding and terminate parental rights.

In re L.S. · filed 2021-02-25(D)(1)

Further, only one of the factors set forth in R.C. 2151.414(D)(1) need be resolved in favor of permanent custody to support a finding that permanent custody is in a child’s best interest and to terminate parental rights.

All division (D)(1) best-interest factors are of equal importance.

In re J.S. · filed 2021-03-11(D)(1)

R.C. 2151.414(D)(1)(a) through (e) set forth the relevant factors that the court must consider in determining what is in the best interests of the child, and all of these factors are of equal importance under the statute.

A best-interest determination under subsection (D)(1) is supported when competent, credible evidence supports the juvenile court's findings on the statutory factors.

In re M.A. · filed 2021-03-25(D)(1)

Accordingly, we find that competent, credible evidence supported the juvenile court’s findings in this case.

Only one subsection (D)(1) factor needs to favor permanent custody to support the best-interest prong.

In re S.B. · filed 2021-04-01(D)(1)

Only one of the factors set forth in R.C. 2151.414(D)(1) needs to be resolved in favor of permanent custody.

No single statutory best-interest factor receives greater weight or heightened significance.

In re L.Z. · filed 2021-06-02(D)(1)

“No single factor is given greater weight or heightened significance.”

A court must consider all relevant best-interest factors, and no enumerated factor receives greater weight or heightened significance.

In re L.G. · filed 2021-06-04(D)(1)

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

Subsection (D)(1) requires a trial court to consider each best-interest factor but does not require an express discussion of every factor.

In re N.M. · filed 2021-06-22(D)(1)

{¶ 42} Initially, we note that R.C. 2151.414(D)(1) contains no requirement that the trial court include an express discussion of each of the best-interest factors, but only requires consideration of such. In re A.M., __ Ohio St.3d __, 2020-Ohio-5102, ¶ 31. Here, the trial court did set forth the evidence it relied on in considering the best-interest factors.

Although legal-custody proceedings have no mandatory statutory best-interest test, the subsection (D) permanent-custody factors are instructive in deciding legal custody.

In re S.D.T. · filed 2021-06-24(D)

While there is “no ‘specific test or set of criteria’ that must be applied or considered in determining what is in a child’s best interest in a legal custody case[,]” the factors in R.C. 2151.414(D) are instructive. In re I.L., 8th Dist. Cuyahoga No. 109034, 2020-Ohio-2946, ¶ 30; In re G.M., 8th Dist. Cuyahoga No. 95410, 2011-Ohio-4090, ¶ 16. The statutory factors include (a) the interaction and interrelationship of the child with their parents and other relatives or caregivers; (b) the child’s wishes; (c) the child’s custodial history; and (d) the child’s need for a legally secure placement. R.C. 2151.414(D).

In the subsection (D)(1) best-interest analysis, no single statutory factor receives greater weight or heightened significance.

In re M.S. · filed 2021-07-09(D)(1)

{¶ 13} In determining a child's best interest, R.C. 2151.414 instructs courts to consider “all relevant factors,” including five statutory factors: (a) 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; (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 * * *; (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; (e) 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). “No one element is given greater weight or heightened significance.” In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104, 862 N.E.2d 816, at ¶ 57.

In a legal-custody disposition, the juvenile court may use subsection (D)'s permanent-custody best-interest factors as guidance.

In re J.W. · filed 2021-08-24(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.

In a legal-custody disposition, the juvenile court may use subsection (D)'s permanent-custody best-interest factors as guidance.

In re F.D. · filed 2021-08-25(D)

In that regard, the juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody.

In a legal-custody disposition, the juvenile court may use subsection (D)'s permanent-custody best-interest factors as guidance.

In re A.W. · filed 2021-08-30(D)

In that regard, the juvenile court is guided by the best interest factors enumerated in Revised Code Section 2151.414(D) relating to permanent custody.

Subsection (D)(1) requires consideration of the best-interest factors but does not require a juvenile court to expressly discuss each one.

In re D.P. · filed 2021-10-14(D)(1)

R.C. 2151.414(D)(1) does not require a juvenile court to expressly discuss each of the best-interest factors in R.C. 2151.414(D)(1)(a) through (e). Consideration is all the statute requires.

A child’s having spent fewer than twelve months of a consecutive twenty-two-month period in agency custody does not preclude a best-interest finding when the other subsection (D) factors are supported.

In re G.J. · filed 2021-10-25(D)(1)(c)

{¶22} Even though G.J. was in the temporary custody of the agency for fewer than 12 months of a consecutive 22-month period as discussed under R.C. 2151.414(D)(1)(c), our review of the record reveals competent and credible evidence supporting the trial court’s factual findings relevant to the best-interest factors set forth under R.C. 2151.414(D).

The best-interest inquiry requires balancing all relevant and enumerated statutory factors, but no factor receives greater weight or heightened significance.

In re Ca.S. · filed 2021-10-26(D)(1)

{¶52} Determining whether granting permanent custody to a children services agency will promote a child’s best interest involves a delicate balancing of “all relevant [best interest] factors,” as well as the “five enumerated statutory factors.” In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104, 862 N.E.2d 816, ¶ 57, citing In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, 857 N.E.2d 532, ¶ 56; accord In re C.G., 9th Dist. Summit Nos. 24097 and 24099, 2008-Ohio-3773, 2008 WL 2906526, ¶ 28; In re N.W., 10th Dist. Franklin Nos. 07AP-590 and 07AP-591, 2008-Ohio-297, 2008 WL 224356, ¶ 19. However, none of the best interest factors requires a court to give it “greater weight or heightened significance.” C.F. at ¶ 57.

Although the juvenile court must consider every subsection (D)(1) factor, no factor receives greater weight and only one factor need favor permanent custody.

In re J.D. · filed 2021-10-28(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. In re T.H., 8th Dist. Cuyahoga No. 100852, 2014-Ohio-2985, ¶ 23, citing In re Schaefer, 111 Ohio St. 3d 498, 2006-Ohio-5513, 857 N.E.2d 532, ¶ 56. Only one of the factors set forth in R.C. 2151.414(D)(1) needs to be resolved in favor of permanent custody. In re A.B., 8th Dist. Cuyahoga No. 99836, 2013-Ohio-3818, ¶ 17.

In deciding legal custody, a juvenile court must consider all relevant subsection (D)(1) factors and select the best option for the child.

In re C.L. · filed 2021-10-28(D)(1)

When granting custody, the juvenile court is required under R.C. 2151.414(D)(1) to 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; (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; and (5) whether any of the factors set forth in R.C. 2151.414(E)(7) to (11) apply. R.C. 2151.414(D)(1)(a)-(e). As the Supreme Court of Ohio explained, “[R.C. 2151.414(D)] requires a weighing of all the relevant factors * * * [and] requires the court to find the best option for the child * * *.” In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, 857 N.E.2d 532, ¶ 64.

Subsection (D)(1)'s best-interest factors apply when deciding legal custody following an abuse, neglect, or dependency adjudication.

In re C.T. · filed 2021-11-12(D)(1)

Additionally, R.C. 2151.414(D)(1) requires the court to consider certain factors in deciding the best interest of children in cases like the present. ... In awarding legal custody to Tina and David, the juvenile court reviewed all the factors in R.C. 3109.04(F)(1), as well as those in R.C. 2151.414(D)(1), to decide the best interest of the children. We will do the same, focusing on the hearing testimony in addition to the record as outlined above, and the particular factors that are pertinent here.

The best-interest determination must consider the listed subsection (D) factors and may also consider any other relevant factors.

In re R.F. · filed 2021-11-22(D)

"The juvenile court may also consider any other factors it deems relevant to the child's best interest." ... "[t]o make a best interest determination, the trial court is required to consider all relevant factors listed in R.C. 2151.414[D], as well as any other relevant factors").

Subsection (D)(1) requires consideration of the totality of circumstances, and no single best-interest factor receives greater statutory weight than the others.

In re L.M. · filed 2022-01-31(D)(1)

{¶18} R.C. 2151.414(D)(1) requires the trial court to consider the totality of the circumstances when making its best interest determinations and no single factor is given greater weight than others by the statute. In re N.R.S. at ¶ 16, citing In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, ¶ 56 (2006).

A child’s time outside parental custody cannot by itself be held against a parent; the court must consider why the placement continued and its implications for the child.

In re A.P. · filed 2022-02-02(D)(1)(c)

{¶12} A.P. had been living outside Mother’s custody for almost one year. When considering the child’s custodial history under R.C. 2151.414(D), this Court emphasized in In re Smith, 9th Dist. Summit No. 20711, 2002 WL 5178, * 5 (Jan. 2, 2002), that “the time period in and of itself cannot be held against the parent without considering the reasons for it and the implications that it had on this child.”

Subsections (D)(1) and (D)(2) are alternative ways to reach the best-interest determination, so a valid determination under one makes analysis of the other unnecessary.

In re S.C. · filed 2022-02-08(D)(1), (D)(2)

{¶ 51} In addition to finding that permanent custody was in the best interest of the children under R.C. 2151.414(D)(1), the juvenile court made a further finding that "all four of the circumstances set forth in R.C. 2151.414(D)(2) were proven by clear and convincing evidence" (thus mandating the grant of permanent custody also made pursuant to the (D)(1) weighing analysis). Judgment Entry at 16. Because R.C. 2151.414(D)(1) and (2) "are alternative means for reaching the best-interest determination," J.P., 2019-Ohio-1619 at ¶ 40, our conclusion that the juvenile court did not err in its permanent custody determination pursuant to R.C. 2151.414(D)(1) obviates any significance to S.B.'s argument regarding application of R.C. 2151.414(D)(2).

Although the legal-custody statutes provide no specific best-interest test, juvenile courts use subsection (D)'s permanent-custody factors as guidance.

In re A.D. · filed 2022-03-16(D)

The statutory scheme regarding an award of legal custody does not include a specific test or set of criteria, but Ohio courts agree that the juvenile court must base its decision to award legal custody on the best interest of the child. ... The juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody.

No best-interest factor receives greater weight than the others, and resolving only one factor in favor of permanent custody can support termination of parental rights.

In re L.J.R. · filed 2022-03-31(D)(1)

Although the juvenile court is required to consider each statutory factor in determining what is in a child’s best interest under R.C. 2151.414(D)(1), no one factor is to be given greater weight than the others. ... Only one of the factors needs to be resolved in favor of permanent custody to terminate parental right.

The statute does not prioritize best-interest factors; the juvenile court has discretion to assign their relative weight based on the case's circumstances.

In re K.P. · filed 2022-04-22(D)(1)

R.C. 2151.414(D)(1) "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."

The permanent-custody best-interest factors in subsection (D)(1) guide a juvenile court’s best-interest decision when awarding legal custody.

In re B.D. · filed 2022-06-01(D)(1)

The juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody. In re B.G., 9th Dist. Summit No. 24187, 2008-Ohio-5003, ¶ 9, citing In re T.A., 9th Dist. Summit No. 22954, 2006-Ohio-4468, ¶ 17. 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. R.C. 2151.414(D)(1)(a)-(e); see also In re B.C., 9th Dist. Summit Nos. 26976 and 26977, 2014-Ohio-2748, ¶ 16.

A permanent-custody best-interest determination must use one of subsection (D)’s two alternatives and the factors outlined in subsection (D)(1) or (D)(2).

In re A.S. · filed 2022-06-02(D)(1), (D)(2)

{¶ 71} R.C. 2151.281(I) requires the GAL to perform whatever functions are necessary to protect the best interest of the child. In determining whether granting permanent custody to FCCS is in the best interest of the child, the court must consider one of two alternatives and the best interest factors outlined in either R.C. 2151.414(D)(1) or (2).

The permanent-custody best-interest factors in subsection (D)(1) guide a juvenile court’s best-interest decision when awarding legal custody.

In re C.B. · filed 2022-06-08(D)(1)

The juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody. In re B.G., 9th Dist. Summit No. 24187, 2008-Ohio-5003, ¶ 9, citing In re T.A., 9th Dist. Summit No. 22954, 2006-Ohio-4468, ¶ 17. Those factors include the interaction and interrelationships of the child, the child’s wishes, the custodial history of the child, and the child’s need for permanence.

Although the legal-custody statutes provide no specific best-interest test, juvenile courts use subsection (D)'s permanent-custody factors as guidance.

In re J.E. · filed 2022-07-13(D)

The statutory scheme regarding an award of legal custody does not include a specific test or set of criteria, but Ohio courts agree that the juvenile court must base its decision to award legal custody on the best interest of the child. ... In that regard, the juvenile court is guided by the best interest factors enunciated in R.C. 2151.414(D) relating to permanent custody.

Subsection (D)(1)(c) permits consideration of the child's broader custodial history, not merely the twelve-of-twenty-two-month circumstance.

In re W.J. · filed 2022-07-18(D)(1)(c)

Importantly, “R.C. 2151.414(D)(1)(c) permits a court to review the broader custodial history of the child.”

Although legal custody has no mandatory statutory factor list, juvenile courts may use subsection (D)(1)'s permanent-custody factors as nonbinding guidance.

In re C.S. · filed 2022-07-18(D)

Although, no specific factors must be followed in a case involving the dispositional alternative of legal custody, we have previously concluded that juvenile courts may be guided by the factors listed in R.C. 2151.414(D)(1) (the permanent-custody factors) or R.C. 3109.04(F)(1) (factors employed in private- custody disputes) since they are both purely instructive.

Although the legal-custody statutes provide no specific best-interest test, juvenile courts use subsection (D)'s permanent-custody factors as guidance.

In re E.B. · filed 2022-07-27(D)

The statutory scheme regarding an award of legal custody does not include a specific test or set of criteria, but Ohio courts agree that the juvenile court must base its decision to award legal custody on the best interest of the child. ... In that regard, the juvenile court is guided by the best interest factors enunciated in R.C. 2151.414(D) relating to permanent custody.

A juvenile court deciding legal custody may use subsection (D)'s permanent-custody factors as guidance even though those factors are not mandatory in legal-custody cases.

In re P.C. · filed 2022-08-08(D)

While not 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).

In deciding legal custody, courts may use subsection (D)'s permanent-custody best-interest factors, the private-custody factors, a combination of both, or general best-interest principles.

In re K.S. · filed 2022-08-12(D)

“[C]ourts have looked to the best interest factors of R.C. 2151.414(D) [Regarding Permanent Custody], R.C. 3109.04(F)(1) [Regarding Shared Parenting], a combination of the two, or general notions of what should be considered regarding the best interests of the [child].”

The five enumerated best-interest factors are nonexclusive, and the juvenile court may consider any other factor it finds relevant to the child's best interest.

In re M.G. · filed 2022-09-06(D)(1)

"The juvenile court may also consider any other factors it deems relevant to the child's best interest."

No statutory best-interest factor receives greater weight or heightened significance.

In re E.H. · filed 2022-09-07(D)(1)

No one element is given greater weight or heightened significance.

Once an enumerated subsection (B)(1) circumstance is established, the court must decide best interests under subsection (D)(1), whose listed factors have equal importance.

21AP-631 21AP-632 · filed 2022-10-11(D)(1)

Once it is established that one of the R.C. 2151.414(B)(1) circumstances is met, a trial court ruling on a motion for permanent custody must determine whether permanent custody is in the best interest of the child. R.C. 2151.414(D)(1)(a) through (e) set forth the relevant factors that the court must consider in determining what is in the best interests of the child, and all of these factors are of equal importance under the statute. In re Schaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, ¶ 56.

The permanent-custody best-interest factors in subsection (D)(1) guide a juvenile court’s best-interest decision when awarding legal custody.

In re J.M. · filed 2022-10-12(D)(1)

The juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody. In re B.G., 9th Dist. Summit No. 24187, 2008-Ohio-5003, ¶ 9, citing In re T.A., 9th Dist. Summit No. 22954, 2006-Ohio-4468, ¶ 17. 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. R.C. 2151.414(D)(1)(a)-(e); see also In re B.C., 9th Dist. Summit Nos. 26976 and 26977, 2014-Ohio-2748, ¶ 16.

A permanent-custody judgment satisfies subsection (D)(1) when the record shows the juvenile court thoroughly considered the children’s best interests.

In re R.R. · filed 2022-10-18(D)(1)

{¶41} The record in this case demonstrates the juvenile court thoroughly considered the best interests of the children pursuant to R.C. 2151.414(D)(1).

A permanent-custody judgment satisfies subsection (D)(1) when the record shows the juvenile court thoroughly considered the children’s best interests.

In re J.R. · filed 2022-10-18(D)(1)

{¶41} The record in this case demonstrates the juvenile court thoroughly considered the best interests of the children pursuant to R.C. 2151.414(D)(1).

A permanent-custody judgment satisfies subsection (D)(1) when the record shows the juvenile court thoroughly considered the children’s best interests.

In re F.A. · filed 2022-10-18(D)(1)

{¶41} The record in this case demonstrates the juvenile court thoroughly considered the best interests of the children pursuant to R.C. 2151.414(D)(1).

Although every subsection (D)(1) factor must be considered, no factor has greater weight than another and one factor may be resolved in favor of permanent custody.

In re S.O. · filed 2022-10-27(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, “there is not one element that is given greater weight than the others pursuant to the statute.” ... This court has stated that only one of these enumerated factors needs to be resolved in favor of the award of permanent custody.

Although the legal-custody statutes provide no specific best-interest test, juvenile courts use subsection (D)'s permanent-custody factors as guidance.

In re A.J. · filed 2022-10-31(D)

No specific test or set of criteria is set forth by statute regarding an award of legal custody, but Ohio courts agree that the juvenile court must base its decision to award legal custody on the best interest of the child. ... The juvenile court is guided by the best interest factors enumerated in R.C. 2151.414(D) relating to permanent custody.

Subsection (D)'s permanent-custody factors are instructive, but not mandatory predicates, when a juvenile court decides legal custody.

In re N.B. · filed 2022-10-31(D)

Such factors, however, are instructive when making a determination as to the child's best interest. ... The best interest factors include, for example, the interaction of the child with the child's parents, relatives, and caregivers; the custodial history of the child; the child's need for a legally secure permanent placement; and whether a parent has continuously and repeatedly failed to substantially remedy the conditions causing the child to be placed outside the child's home. R.C. 2151.414(D).

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

In re So.P. · filed 2022-11-10(D)

The factors listed under R.C. 2151.414(D) may be instructive when determining the child’s best interest in a legal custody case. ... Those factors include the following: the interaction and interrelationship of the child with the child’s parents, relatives, and caregivers; the wishes of the child; the custodial history of the child; and the child’s need for a legally secure placement. R.C. 2151.414(D).

Failure to remedy belongs to subsection (E)(1), not the limited subsection (E)(7) through (11) factors incorporated by subsection (D)(1)(e), though misclassification is harmless if the evidence properly bears on another best-interest factor.

In re J.G. · filed 2022-11-15(D)(1)(e)

Whether a parent has "failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child's home" is a factor for consideration under R.C. 2151.414(E)(1), not R.C. 2151.414(E)(7) through (11). Nevertheless, the trial court's ensuing analysis is relevant to the question of whether mother could assume permanent custody of J.G., which, as we explained above, fits within the consideration of the fourth best-interest factor. Therefore, the trial court's error is harmless.

Subsection (D)(1) requires consideration of each best-interest factor but does not require a written discussion or express finding on every factor.

In re R.H. · filed 2023-01-12(D)(1)

Further, the Ohio Supreme Court, in In re A.M., 166 Ohio St.3d 127, 2020-Ohio-5102, 184 N.E.3d 1, held that R.C. 2151.414(D)(1) does not require a juvenile court to expressly discuss each of the best-interest factors in R.C. 2151.414(D)(1)(a) through (e). Id. at ¶ 31. Consideration is all the statute requires.

Subsection (D)(1) requires consideration of each best-interest factor but does not require a written discussion or express finding on every factor.

In re J.S. · filed 2023-01-12(D)(1)

Further, the Ohio Supreme Court, in In re A.M., 166 Ohio St.3d 127, 2020-Ohio-5102, 184 N.E.3d 1, held that R.C. 2151.414(D)(1) does not require a juvenile court to expressly discuss each of the best-interest factors in R.C. 2151.414(D)(1)(a) through (e). Id. at ¶ 31. Consideration is all the statute requires.

Subsection (D)(1) requires consideration, but not an express written discussion, of each best-interest factor.

In re K.P. · filed 2023-01-13(D)(1)

{¶ 70} The Supreme Court of Ohio has said that “R.C. 2151.414(D)(1) does not require a juvenile court to expressly discuss each of the best-interest factors in R.C. 2151.414(D)(1)(a) through (e).” In re A.M., 166 Ohio St.3d 127, 2020-Ohio-5102, 184 N.E.3d 1, ¶ 31.

No subsection (D)(1) best-interest factor inherently carries greater weight or heightened significance than another.

In re V.R.R. · filed 2023-01-23(D)(1)

R.C. 2151.414(D)(1). No one best interest factor inherently carries any "greater weight or heightened significance" than another. In re C.F. at ¶ 57.

No subsection (D)(1) best-interest factor receives greater weight or heightened significance than another.

In re A.B. · filed 2023-02-03(D)(1)

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

When no subsection (E)(7) through (11) factor is supported, the best-interest analysis may properly focus on the remaining subsection (D)(1) factors.

In re A.R. · filed 2023-02-10(D)(1)

There was no evidence presented at the hearing relating to these particular factors. Therefore, we will focus our review on the best interest factors enumerated in R.C. 2151.414(D)(1)(a)-(d).

A best-interest judgment is prejudicially erroneous when the court weighs criminal convictions that the record does not establish against the parent, and an appellate court may not reweigh the factors without those errors.

In re D.R. · filed 2023-02-23(D)(1)

As an appellate court, however, we will not make factual findings in the first instance. ... Upon a thorough consideration of the record, and given the seriousness of a trial court's decision to permanently terminate a parent's custody of their child, we find the factual errors in the trial court's judgment demonstrate that the judgment is not supported by clear and convincing evidence. ... The judgment of the trial court is reversed and the case remanded for the court to properly analyze the R.C. 2151.414(D)(1) best interest factors in light of the evidence contained in the record.

A best-interest determination under section 2151.414(D)(1) must consider all enumerated factors, with no factor receiving greater statutory weight than another.

In re A.B. · filed 2023-03-01(D)(1)

In evaluating the best interests of the child, the court must consider all of the enumerated factors under R.C. 2151.414(D)(1), and “ ‘[t]here is not one element that is given greater weight than the others pursuant to the statute.’ ”

Section 2151.414(D)(1) does not require consideration of factors that are irrelevant to the case, including factors under (E)(8) and (9) unsupported by any evidence.

In re R.G. · filed 2023-03-01(D)(1)

There was no evidence presented in this case that Mother had withheld medical treatment or food from the children, or that she had placed them at substantial risk of harm because of her drug use or rejected drug treatment two or more times. These factors are not relevant to this case, so the plain language of R.C. 2151.414(D)(1) did not require the trial court to consider them.

A court determining a child's best interest in a legal-custody proceeding may consider the relevant factors in Section 2151.414(D).

In re X.L.L. · filed 2023-03-13(D)

A court may therefore consider the relevant best interest factors set forth in either R.C. 3109.04(F) or R.C. 2151.414(D) in determining the best interest of the child.

Section 2151.414(D) gives no single best-interest factor greater weight and requires the court to select the best option for the child after a threshold ground for permanent custody is established.

In re J.B. · filed 2023-03-23(D)

The Ohio Supreme Court has held that, regarding the best interest of the child portion of a permanent custody case, “[t]here is not one element that is given greater weight than the others pursuant to” R.C. 2151.414(D). In re Shaefer, 111 Ohio St.3d 498, 2006-Ohio-5513, 857 N.E.2d 532, ¶ 56. “R.C. 2151.414 requires the court to find the best option for the child once a determination has been made pursuant to” R.C. 2151.414(B)(1)(a)-(e). Id. at ¶ 64.

No single best-interest factor under Section 2151.414(D) controls, and the trial court has discretion to assign weight to each factor.

In re Z.C. · filed 2023-03-24(D)

“Under the best-interest test, no single factor is controlling, and the weight to be given to any factor lies within the trial court's discretion.” In re L.L., 1st Dist. Hamilton No. C-200058, 2020-Ohio-5609, ¶ 8.

Although section 2151.414(D)'s best-interest factors govern permanent-custody cases and are not required predicates for legal custody, they are instructive when a court determines a child's best interest in a legal-custody proceeding.

In re K.L.V.W. · filed 2023-04-20(D)

Unlike permanent custody cases in which the trial court is guided by the factors outlined in R.C. 2151.414(D) before terminating parental rights and granting permanent custody, R.C. 2151.353(A)(3) does not provide factors the court should consider in determining the child’s best interest in a motion for legal custody. ... Such factors, however, are instructive when making a determination as to the child’s best interest.

Although no section 2151.414(D)(1) best-interest factor has greater weight than another, a single enumerated factor may be resolved in favor of permanent custody and support the award.

In re C.W.-H · filed 2023-04-27(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, “there is not one element that is given greater weight than the others pursuant to the statute.” ... This court has stated that only one of these enumerated factors needs to be resolved in favor of the award of permanent custody.

Only one enumerated factor under section 2151.414(D)(1) must favor permanent custody to support the best-interest determination.

In re Za.S. · filed 2023-05-04(D)(1)

Moreover, this court has held that only one of the enumerated best-interest factors needs to be resolved in favor of the award of permanent custody.

Section 2151.414(D)(1) requires the court to weigh all relevant best-interest factors and select the best option for the child.

In re M.K. · filed 2023-10-18(D)(1)

Moreover, “[R.C. 2151.414(D)(1)] requires a weighing of all the relevant factors * * * [and] requires the court to find the best option for the child * * *.” Id. at ¶ 64.

A child's need for permanence receives no greater weight than the other Section 2151.414(D)(1) best-interest factors.

In re C.G. · filed 2023-10-24(D)(1)

Appellee’s argument at the permanent custody hearing focused on the need for C.G. to have a permanent, stable living arrangement. However, no one element is given greater weight or heightened significance.

A child's loving relationship with and preference for a parent do not control section 2151.414(D)(1)'s best-interest analysis because no single factor receives greater weight than the others.

In re D.G. · filed 2023-12-07(D)(1)

D.G. has also expressed his preference of being placed with mother over his foster family. However, no one factor under R.C. 2151.414(D) is to be given more weight than the others. ... In this case, the factors against a grant of permanent custody are outweighed by the factors in favor of it.

Section 2151.414(D)(1)(e) does not require a court to address factors under (E)(7) through (11) that are irrelevant to the case.

In re K.F. · filed 2023-12-29(D)(1)(e)

R.C. 2151.414(D)(1)(e) also requires the trial court to consider whether any of the factors set forth in R.C. 2151.414(E)(7)-(11) apply to this case, but those factors are not relevant here, and Mother does not argue otherwise. Although Mother does fault the trial court for failing to explicitly address the factors set forth in R.C. 2151.414(E)(7)-(11), there was no reason for the court to consider those factors if they did not apply to the facts of this case.

The Section 2151.414(D)(1) best-interest inquiry is a balancing test in which no single factor is dispositive.

In re AR.L. · filed 2024-01-24(D)(1)

But Mother’s argument is at odds with the best-interest determination, which is a balancing test with no one factor being dispositive.

All Section 2151.414(D)(1) best-interest factors have equal importance and must be weighed before permanent custody is awarded.

In re C.D. · filed 2024-02-08(D)(1)

R.C. 2151.414(D)(1)(a) through (e) set forth the relevant factors that the court must consider in determining what is in the best interests of the child, and all of these factors are of equal importance under the statute.

Section 2151.414(D)(1) requires consideration of each best-interest factor, with no factor receiving greater weight than another.

In re J.J. · filed 2024-03-21(D)(1)

The juvenile court is required to consider each R.C. 2151.414(D)(1) factor and no factor is afforded greater weight than the others.

No best-interest factor under section 2151.414(D)(1) has greater weight or heightened significance than another.

In re D.A. · filed 2024-04-10(D)(1)

No one factor has “greater weight or heightened significance.”

Section 2151.414(D)(1)'s command to consider all relevant factors is not limited to matters similar to the enumerated factors; any factor relevant to the child's best interest, including home cleanliness, may be considered.

In re A.B. · filed 2024-07-30(D)(1)

R.C. 2151.414(D)(1) begins with a mandate that courts consider “all relevant factors” in determining the best interest of a child. The statute then gives a non-exhaustive list of relevant factors. The statute in no way indicates that the phrase “all relevant factors” embraces only things of a similar character as those comprehended by the enumerated factors. The only limit on what a court can consider in its best interest analysis is that any ... considered factor must be “relevant” to the child’s best interest. Even using the definition ... of “relevant” in father’s appellate brief, it is evident that the cleanliness of father’s home is “closely connected” to the best interest of his children.

Only one best-interest factor under section 2151.414(D) needs to favor permanent custody to support termination of parental rights.

In re K.C. · filed 2024-11-04(D)

While the trial court must consider all best-interest factors, only one of the factors enumerated 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.

No best-interest factor under section 2151.414(D)(1) receives greater weight or heightened significance; the court considers the totality of the circumstances.

In re K.A. · filed 2024-11-05(D)(1)

However, none of the best interest factors requires a court to give it “greater weight or heightened significance.” ... Instead, the trial court considers the totality of the circumstances when making its best interest determination.

Section 2151.414(D)(1)(e)'s factors do not affect the best-interest analysis when neither the record nor the parties' briefs indicate that any subsection (E)(7) through (11) factor applies.

In re A.U. · filed 2024-11-18(D)(1)(e)

The juvenile court did not find R.C. 2151.414(E)(7) to (E)(11) applied. Nothing in the parties’ briefs or record indicates they are applicable to this case.

The best-interest determination does not require every statutory condition to be met, and no one element receives greater weight or significance.

In re X.F. · filed 2025-02-21(D)

“Not every statutory condition must be met before a determination regarding best interest may be made.” In re R.L., 2012-Ohio-6049, ¶ 18 (2d Dist.). Additionally, “[n]o one element is given greater weight or heightened significance.” In re C.F., 2007-Ohio-1104, ¶ 57, citing In re Schaefer at ¶ 56.

Subsection (D)(1)'s best-interest analysis considers the totality of the circumstances without giving any single factor more weight than the others.

In re B.S. · filed 2025-09-29(D)(1)

Under this test, the trial court considers the totality of the circumstances when making its best interest determinations. No single factor is given more weight than others.

A juvenile court must consider each subsection (D)(1) factor, but no factor receives greater weight and express discussion of each is unnecessary.

In re A.N. · filed 2026-03-19(D)(1)

A juvenile court must consider each of the R.C. 2151.414(D)(1) factors when making a permanent-custody determination, but no one factor is given greater weight than the others.

A juvenile court must consider every subsection (D)(1) best-interest factor, but no factor receives greater weight and express discussion of each is unnecessary.

In re Y.T. · filed 2026-06-04(D)(1)

A juvenile court must consider each of the R.C. 2151.414(D)(1) factors when making a permanent custody determination, but no one factor is given greater weight than the others.

No single subsection (D)(1) factor controls; the juvenile court must weigh the totality of the circumstances in deciding best interests.

In re L.H. · filed 2026-06-09(D)(1)

When determining whether permanent custody is in a child’s best interest, a juvenile court must consider all relevant factors, including those set forth in R.C. 2151.414(D)(1). No single factor is dispositive; rather, the court must weigh the totality of the circumstances.

Section 2151.414(D) requires the trial court to consider the listed factors when determining a child's best interests.

In Matter of McDonald, Unpublished Decision (9-10-2003) · filed 2003-09-10(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 court to consider all five best-interest factors before deciding permanent custody.

In Re Brown, Unpublished Decision (6-21-2004) · filed 2004-06-21(D)

Thus, the record must reflect that the trial court considered all five factors of R.C. 2151.414 (D) before making its decision.

In determining a child's best interest for permanent custody, the court must consider the factors in § 2151.414(D).

In Re Definbaugh, Unpublished Decision (6-23-2004) · filed 2004-06-23(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 trial court to consider the listed factors when determining a child's best interest.

In the Matter of villaneuva/hampton, Unpublished Decision (8-30-2004) · filed 2004-08-30(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 court to consider every listed best-interest factor, and the agency must prove by clear and convincing evidence that permanent custody serves the child's best interest.

In Re A.A., Unpublished Decision (11-10-2004) · filed 2004-11-10(D)

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. ... Given the evidence before the trial court on each of the mandatory best interest factors, we must conclude that CSB did not meet its burden in this case.

Section 2151.414(D)(1) requires consideration of the child’s relationships, wishes, custodial history, and need for permanence when deciding whether permanent custody is in the child’s best interest.

In re T.M. · filed 2014-03-24(D)(1)

Consequently, in reviewing the best interest determination by the trial court, we will review the relevant factors, including those set forth in R.C. 2151.414(D)(1): the interaction and interrelationships of the child, the wishes of the child, the custodial history of the child, and the child’s need for permanence in his or her life.

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

In re J.H. · filed 2019-12-11(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.

Section 2151.414(D)(1) requires a court deciding permanent custody to consider relevant best interest factors, but it need not address each factor expressly.

In re J.C. · filed 2021-04-14(D)(1)

R.C. 2151.414(D)(1) sets out a nonexhaustive list of factors the court must consider, and the court is encouraged but not required to address the factors relevant to the decision.

Section 2151.414(D)(1) requires the court to consider relevant best-interest factors when deciding whether to grant permanent custody.

In re K.W. · filed 2011-12-07(D)(1)

The testimony supports the trial court's findings that it is in K.W.'s best interest to grant permanent custody to BCJFS. The applicable statutory best interest factors support the court's determination.

Section 2151.414(D)(1) requires a juvenile court deciding a child’s best interest for permanent custody to consider all relevant factors, including the listed relationships, wishes, custodial history, need for permanence, and applicable statutory factors.

In re B.S. · filed 2016-09-14(D)(1)

When determining whether a grant of permanent custody is in the children’s best interest, the juvenile court must consider all relevant factors, including those enumerated in R.C. 2151.414(D)(1): the interaction and interrelationships of the children, the wishes of the children, the custodial history of the children, the children’s need for permanence and whether that can be achieved without a grant of permanent custody, and whether any of the factors outlined in R.C. 2151.414(E)(7) to (11) apply.

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 permanence.

In re L.D.-C. · filed 2017-03-06(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.

Section 2151.414(D)(1) requires a juvenile court deciding a child’s best interest to consider all relevant factors, including the child’s relationships, wishes, custodial history, need for permanence, and any applicable factors in subsection (E)(7) to (11).

In re M.D. · filed 2019-05-20(D)(1)

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, the custodial history of the children, the need for permanence in their lives, and whether any of the factors set forth in R.C. 2151.414(E)(7) to (11) apply to the facts of the case.

Section 2151.414(D)(1) requires courts deciding a child’s best interest to consider all relevant factors, including those listed in subsections (a) through (e).

In re Z.W. · filed 2020-05-27(D)(1)

As we turn to the best interest findings, R.C. 2151.414(D)(1) requires that a court consider all relevant factors, including those delineated in R.C. 2151.414(D)(1)(a) through (e).

Section 2151.414(D) supplies best-interest factors that the court considers when awarding legal custody, including the children’s wishes, relationships, and adjustment to home, school, and community.

In re T.M. · filed 2020-12-30(D)

The factors set forth in R.C. 2151.414(D) include: the wishes of the children; the children’s interaction and relationship with their parents, siblings, and other individuals who may affect their best interest; the children’s adjustment to home, school, and community; the mental and physical health of all individuals involved; and whether either parent’s actions resulted in the children being dependent.

Section 2151.414(D)(1) lists non-exhaustive best-interest factors that courts may also consider when deciding legal custody.

In re A.A.R. · filed 2024-02-16(D)(1)

Those factors are similar to the factors in R.C. 2151.414(D), which govern permanent custody motions, and courts sometimes apply both provisions when considering legal custody. ... After specifically considering the factors in R.C. 3109.04(F)(1) and R.C. 2151.414(D)(1), the trial court concluded that it was in the children’s best interest to grant legal custody to S.L. We find no abuse of discretion in the court’s analysis.

Section 2151.414(D)(1) requires a court deciding whether permanent custody is in a child’s best interest to consider the child’s relationships, wishes, custodial history, need for permanence, and applicable factors under subsection (E)(7)-(11).

In re A.B. · filed 2025-02-19(D)(1)

In making its best interest ... determination, the trial court was required to consider the statutory best interest factors, which include: the interaction and interrelationships of the child, her wishes, the custodial history of the child, her need for permanence and whether that can be achieved without a grant of permanent custody, and whether any of the factors outlined in R.C. 2151.414(E)(7)-(11) apply.

Section 2151.414(D)(1) requires a court deciding permanent custody to consider all relevant factors bearing on the child’s best interest.

In re C.F. · filed 2026-04-23(D)(1)

The record shows that the juvenile court carefully considered the relevant R.C. 2151.414(D)(1) factors, the evidence presented at trial, an in camera interview with C.F., and the recommendation of the guardian ad litem in determining that permanent custody to the agency was in C.F.’s best interest.

Section 2151.414(D) requires courts deciding permanent custody to consider the child's best interests, including custodial history and the need for a legally secure placement.

In re T.J. · filed 2012-07-27(D)

Clear and convincing evidence establishes that the factors set forth in R.C. 2151.414(D) support a finding of Agency permanent placement for T.J.

Section 2151.414(D)(1) requires consideration of all relevant factors when determining a child’s best interest for a planned permanent living arrangement.

In re S.C. · filed 2013-02-22(D)(1)

In determining the best interest of a child for purposes of R.C. 2151.353(A)(5), the juvenile court must consider all relevant factors, including, but not limited to, the following: ... R.C. 2151.414(D)(1). ... S.C.’s mother and guardian ad litem agreed with the planned permanent living arrangement, and MCCS’s evidence strongly supported the trial court’s conclusion that a planned permanent living arrangement was in S.C.’s best interest.

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

In re J.R. · filed 2015-08-17(D)

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

Section 2151.414(D) requires courts to consider all relevant best-interest factors, including the child's relationships, wishes, custodial history, and need for permanence; its test also guides legal custody decisions.

In re A.L. · filed 2017-09-20(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 their need for permanence in their lives.

Section 2151.414(D)(1)'s best-interest factors guide a juvenile court deciding whether to award legal custody.

In re W.W. · filed 2023-06-28(D)(1)

In that regard, the juvenile court is guided by the best interest factors enunciated in Revised Code Section 2151.414(D) relating to permanent custody.

Section 2151.414(D)(1) requires the court to consider the child’s relationships, wishes, custodial history, need for a legally secure placement, and the specified factors in subsection (E).

In re I.B. · filed 2024-06-12(D)(1)

In making its best interest determination, the trial court was required to consider the statutory best interest factors, which include: the interaction and interrelationships of the children, their wishes, the custodial history of the children, their need for permanence and whether that can be achieved without a grant of permanent custody, and whether any of the factors outlined in R.C. 2151.414(E)(7)-(11) apply.

Section 2151.414(D)(1) provides best interest factors that a court may consider when awarding legal custody.

In re M.J.S. · filed 2022-04-01(D)(1)

Further, as explained in great detail by the juvenile court, the best interest factors in R.C. ... 3109.04(F)(1) and R.C. 2151.414(D)(1) strongly supported that M.N. and M.J.S. should be placed in the custody of their legal fathers.

Permanent custody under section 2151.414 requires clear and convincing evidence, unlike legal custody, which requires only a preponderance of the evidence.

In re R.P. · filed 2025-02-21

This differs from the “clear and convincing evidence” in the permanent custody statute, R.C. 2151.414.

The court stated that subsection (E) requires a trial court to find by clear and convincing evidence that a child is dependent, abused, or neglected.

In re: L.S. · filed 2018-07-27(E)

R.C. 2151.414(E) requires that the trial court find by clear and convincing evidence that a child is dependent, abused, or neglected.

Section 2151.414 requires clear and convincing evidence both that a condition in subsection (B)(1)(a) through (d) applies and that permanent custody serves the child's best interest; repeated incarceration preventing care and conduct demonstrating lack of commitment can support the required findings.

In Matter of M.C., L-08-1336 (3-13-2009) · filed 2009-03-13(B)(1)(a), (D), (E)(4), (E)(13)

R.C. 2151.414 (B) mandates a two-part test. The agency must prove, by clear and convincing evidence, both that one of conditions listed in R.C. 2151.414 (B)(1)(a) through (d) apply and that granting permanent custody to the agency is in the child's best interest. ... After a review of the record, we conclude that there is competent credible evidence in the record to establish by clear and convincing evidence the existence of conditions R.C. 2151.414 (E)(13) and (4) and the trial court's conclusion that M.C. could not and should not be returned to Michael C. within a reasonable time. ... In our view, there is competent credible evidence in the record supporting the trial court's conclusion, by clear and convincing evidence, that an award of permanent custody of M.C. to LCCS was in the child's best interest under R.C. 2151.414 (D).

Section 2151.414 requires permanent custody when clear and convincing evidence shows that the child cannot or should not be placed with either parent within a reasonable time and that permanent custody is in the child's best interest.

In Matter of Grooms, Unpublished Decision (12-3-2004) · filed 2004-12-03(B)(2) and (E)

A trial court shall grant permanent custody of a child to the movant if the court determines that the child cannot be placed with either of her parents in a reasonable period of time or that he should not be placed with either of her parents, and if permanent custody is in the child's best interest. R.C. §§ 2151.414 (B)(2) and 2151.414 (E). A determination of the child's best interest must be based on clear and convincing evidence. R.C. § 2151.414 (B).

Section 2151.414 requires clear and convincing proof to support a motion for permanent custody.

In Re D.D., 07ap-408 (10-16-2007) · filed 2007-10-16

The proof in support of the motion must be clear and convincing. See R.C. 2151.414 . Such proof was present here.

Section 2151.414(B) permits a trial court to grant permanent custody when clear and convincing evidence establishes that permanent custody is in the child's best interests.

In re B.P. · filed 2013-06-26(B)

R.C. 2151.414(B) enables a trial court to grant permanent custody of a child if the court determines by clear and convincing evidence that it is in the best interests of the child.

Section 2151.414(B) permits a trial court to grant permanent custody when clear and convincing evidence establishes that permanent custody is in the child's best interests.

In re J.D. · filed 2013-06-26(B)

R.C. 2151.414(B) enables a trial court to grant permanent custody of a child if the court determines by clear and convincing evidence that it is in the best interests of the child.

A permanent-custody best-interest finding is unsupported when the statutory factors do not favor permanent custody and critical evidence needed to justify terminating parental rights is missing.

In re G.W. · filed 2022-05-19(D)(1)

As recharacterized, the relevant portions of the journal entry would correlate to findings under R.C. 2151.414(E)(1),(4),(9),(10),(14), and (16). However, notwithstanding the juvenile court’s delineation above, we cannot say, after our review, that the record contains clear and convincing evidence that permanent custody to the agency is in G.W.’s best interest. Despite the juvenile court’s delineated findings, we have been given reasons to pause. In our view, the critical testimony required to tip the scales in favor of taking away a parent’s fundamental liberty interest is missing.

The agency bears the burden of proving by clear and convincing evidence that permanent custody is in the child's best interest under subsection (D)(1)'s nonexclusive factors.

In re A.D. · filed 2023-01-27(D)(1)

Proceeding to the second prong, the Agency holds the burden of proving by clear and convincing evidence that the grant of permanent custody is in the child's best interest. ... In determining whether this burden has been met, courts are guided by R.C. 2151.414(D)(1) which provides a nonexhaustive list of factors for consideration.

Clear and convincing evidence of abandonment, inability to place the child with the parent within a reasonable time, and the child's best interest supports permanent custody without an additional extension.

In re M.S. · filed 2023-10-27(B), (D), (E)

Upon review, we see no error in the trial court’s permanent-custody decision. Mother did not appear at the permanent-custody hearing. The record contains clear and convincing evidence supporting the trial court’s finding that M.S. could not be returned to Mother within a reasonable time, that Mother had abandoned M.S., and that an award of permanent custody to MCCS was in the child’s best interest.

Section 2151.414(B)(1)(a) places the burden on the permanent custody movant to prove the required findings by clear and convincing evidence.

In the Matter of Gordon, Unpublished Decision (11-8-2004) · filed 2004-11-08(B)(1)(a)

The language of the statute clearly puts the burden of proof on the movant to show by clear and convincing evidence that permanent custody is in the best interests of the child and that the child cannot be placed with either parent within a reasonable time.

Section 2151.414(B) requires clear and convincing evidence that permanent custody serves the child’s best interests and that a factor in division (B)(1) applies.

In Re J.L. · filed 2008-03-31(B)

R.C. 2151.414(B) permits permanent custody to be granted if the agency has shown by clear and convincing evidence that such action is in the “best interests of the child,” and that any of the factors in division (B)(1) apply. ... Reviewing the entire record in this case, we cannot conclude that the trial court’s decision to grant permanent custody to ACCSB was supported by clear and convincing evidence as required.

Section 2151.414(B)(1)(d) does not require a separate finding of parental unfitness; permanent custody requires findings that termination is in the children's best interests and that the 12-months-out-of-22 rule applies.

In Re P.S., 08ap-1023 (3-31-2009) · filed 2009-03-31(B)(1)(d)

{¶ 17} In their thirteenth and final assignment of error, appellants argue that the judgment granting PCC is contrary to law because, "as a matter of law, [appellee] has not proven by clear and convincing evidence that [appellants'] [p]arents are unfit." (Brief of Appellants, 35.) In the case of In re W.A. , 10th Dist. No. 06AP-485, 2006-Ohio-5750 , ¶ 18 , discretionary appeal not allowed, 112 Ohio St.3d 1422 , 2006-Ohio-6712 , we held, "R.C. 2151.414 does not require that a trial court find a parent unfit before it may terminate that parent's parental rights." (Citations omitted.) In order to grant PCC in a case in which R.C. 2151.414 (B)(1)(d) applies, the trial court is only required to find that the termination of parental rights is in the best interest of the children and that the "12 months out of 22 months rule" applies. Id. "Parental unfitness is not a required finding to terminate parental rights under that section." Id. On the authority of W.A. , appellants' thirteenth assignment of error is overruled.

Section 2151.414(B)(1)(d) requires best-interest and 12-out-of-22-month findings to terminate parental rights, but not a separate parental-unfitness finding.

In Re S.R., Unpublished Decision (9-26-2006) · filed 2006-09-26(B)(1)(d)

... As in In the Matter of B.L., R.C. 2151.414 (B)(1)(d) applied in the instant case, and, thus, the trial court was required to find that the termination of parental rights was in the best interest of the children, and that the "12 out of 22" rule applies. Parental unfitness is not a required finding to terminate parental rights under that section. See Id.