FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, October 18, 2024

CAPTION: IN RE: C.C.

APPEAL NO: C-240365

TRIAL NO: F21-535Z

KEY WORDS: PARENTAL TERMINATION – MAGISTRATE – OBJECTIONS – JUV.R. 40  INDEPENDENT REVIEW 

SUMMARY: The juvenile court failed to independently review the record following mother’s objections to the magistrate’s decision terminating her parental rights where the juvenile court’s judgment repeatedly referred to an appellate standard of review and held that the magistrate had not abused his discretion.

JUDGMENT: REVERSED AND CAUSE REMANDED

JUDGES: OPINION by WINKLER, J.; BOCK, P.J., and CROUSE, J., CONCUR. 

 

CAPTION: IN RE: C.C.

APPEAL NO.: C-240373

TRIAL NO: F21-535Z

KEY WORDS: PERMANENT CUSTODY – JUV.R. 40 – MAGISTRATE’S DECISION –PLAIN ERROR MANIFEST WEIGHT

SUMMARY: The juvenile court did not err in granting permanent custody of father’s child to a children services agency where father failed to object to the magistrate’s decision, there was no error of law or other defect on the face of the magistrate’s decision, and the factual findings in the magistrate’s decision supported the trial court’s judgment.

Father’s claim that the trial court’s judgment granting permanent custody of his child to a children services agency was against the manifest weight of the evidence was meritless where father failed to object to the magistrate’s decision, the juvenile court’s judgment adopting the magistrate’s decision can only be reviewed for plain error, and a claim that a judgment is against the manifest weight of the evidence can never rise to the level of plain error.

JUDGMENT: AFFIRMED

JUDGES: OPINION by WINKLER, J.; BOCK, P.J., and CROUSE, J., CONCUR.