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In re M.B.

Court of Appeals of Ohio, Eighth District, Cuyahoga

September 7, 2017

IN RE: M.B., ET AL. Minor Children [Appeal by David Pravlik, et al.]

         Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case Nos. AD13904501 and AD13904502

          ATTORNEY FOR APPELLANTS Loretta Riddle

          FOR APPELLEES Attorneys for CCDCFS Michael C. O'Malley Cuyahoga County Prosecutor By: Joseph M. Cordiano Assistant County Prosecutor

          Attorneys for Mother J.B. Mark Stanton Cuyahoga County Public Defender By: Morgan L. Pirc Assistant County Public Defender

          Attorney for Father R.F. Michael B. Telep

          Attorney for Child R.F. Sheila Sexton McNamara, Hanrahan, Callender & Loxtermann

          Guardian Ad Litem for Children Mary E. Bush

          For Maternal Great Aunt A.B., pro se

          BEFORE: Laster Mays, J., McCormack, P.J., and Celebrezze, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE.

         {¶1} Appellants David and April Pravlik ("the Pravliks") appeal the juvenile court's decision to deny them legal custody of the two foster children in their temporary custody and place them in the legal custody of their biological great aunt. For the reasons that follow, we affirm.

         I. Facts

         {¶2} M.B. and R.F. were placed temporarily in their care for three and a half years after the Cuyahoga County Division of Children and Family Services ("CCDCFS"), determined that their biological mother was unable to adequately care for them. In August 2015, there was a motion pending to give CCDCFS permanent custody, with the intent of transferring legal custody of M.B. and R.F. to the Pravliks. Permanent custody was denied.

         {¶3} Subsequently, the biological great aunt was brought to CCDCFS's attention and visitation was permitted. In September 2016, a hearing was held on motions by the Pravliks and the great aunt for legal custody of the children. The juvenile court decided to place M.B. and R.F. with their biological great aunt, [1] considering the following:

The interaction and interrelationships of the child with the child's parents, siblings, and other persons related by consanguinity or affinity, and with the foster parent(s) who is not a relative of the child;
The geographical location of the residence of the parent, siblings, relatives, and foster parents, and the distance between those residences;
The child's and proposed legal custodians' available time, including, but not limited to employment schedules, the child's school schedule, and holiday and vacation schedules;
The age of the child;
The child's adjustment to home, school, and ...

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