In re A.A.
2017 Ohio 8705
| Ohio Ct. App. | 2017Background
- Child A.A. born July 2016 tested positive for opiates; LCCS obtained shelter care and placed child with foster parents the day after birth.
- Mother and father (T.A.) had prior involvement with LCCS: five older children previously removed; father had criminal history and had not completed prior case-plan services.
- Parents were largely absent from the proceedings: neither attended key hearings or case-planning; mother visited the child once; father had no post-removal contact and was later incarcerated (sentenced to 18 months).
- LCCS moved for permanent custody in December 2016; trial was held May 2017 while both parents were incarcerated; foster parents sought to adopt; GAL and caseworker recommended permanent custody to LCCS.
- Trial court found statutory factors under R.C. 2151.414(E) (failure to remedy conditions, lack of commitment, abandonment, and other relevant factors related to incarceration) and that awarding permanent custody to LCCS was in the child’s best interest.
- Father appealed, arguing (1) LCCS did not make reasonable efforts to reunify and (2) the permanent-custody finding was against the manifest weight of the evidence; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (LCCS) | Defendant's Argument (T.A.) | Held |
|---|---|---|---|
| Whether LCCS made reasonable efforts to reunify | LCCS contends it provided reasonable case planning and diligent efforts; father was AWOL, failed assessments, and had history of not completing services | Father contends incarceration prevented him from completing services and he could be released within 18 months to begin services (invokes R.C. 2151.414(E)(12)) | Court: LCCS made reasonable efforts; (E)(12) misread by father and court properly relied on (E)(1),(4),(10),(16) not (E)(12) |
| Whether granting permanent custody was against manifest weight of the evidence | Permanent custody necessary: child bonded to foster family, parents unavailable/unresponsive, father failed to remedy conditions, lacked commitment, abandoned child | Father argues incarceration and possible early release justify delaying decision to allow him to begin services after release | Court: Findings supported by record; trial court did not lose its way; permanent custody awarded to LCCS affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- In re C.F., 113 Ohio St.3d 73 (2007) (scope and timing of "reasonable efforts" requirement under R.C. 2151.419)