In re A.B.
2015 Ohio 3849
Ohio Ct. App.2015Background
- FCCS sought permanent custody of A.B., T.R., and A.R. Jr.; father was incarcerated with no custody interest.
- Mother’s housing instability, financial struggles, and inconsistent counseling attendance impeded reunification.
- The case has been open since 2011–2012 with multiple temporary custody extensions.
- A.B. expresses desire for FCCS permanent custody due to concerns about mother’s care.
- Guardian ad litem and FCCS caseworker consistently found bonding with foster parents and concerns about housing.
- Trial court granted permanent custody to FCCS on January 15, 2015; mother appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| R.C. 2151.414(D)(1)(a) – parent–child interrelationships | A.B. and mother maintain a strong bond. | Court overstated strain; bond is not irreparably broken. | Court properly found a strained bond; bond weakness supported by evidence. |
| R.C. 2151.414(D)(1)(b) – child's wishes | A.B. wish for permanent custody reflects care needs. | Wishes may be emotional; should not drive outcome. | Court weighed wishes among factors; not sole basis for decision and was properly considered. |
| R.C. 2151.414(D)(1)(d) – need for legally secure placement | Housing instability could be remedied; placement can be secure without permanent custody. | Persistent housing issues prevented legally secure placement. | Evidence showed lack of stable housing and repeated inability to meet basic needs; permanent custody warranted. |
Key Cases Cited
- In re J.T., 2012-Ohio-2818 (10th Dist. No. 11AP-1056, 2012) (standard for appellate review of custody determinations under R.C. 2151.414)
- In re P.G., 2012-Ohio-469 (10th Dist. No. 11AP-574, 2012) (best-interests framework in permanency decisions)
- In re K.L., 2013-Ohio-3499 (10th Dist. No. 13AP-218, 2013) (clear-and-convincing standard for permanent custody)
- In re A.J., 2014-Ohio-2734 (10th Dist. No. 13AP-864, 2014) (two-step process and factors under R.C. 2151.414(D)(1))
- In re H.D., 2014-Ohio-228 (10th Dist. No. 13AP-707, 2014) (parental rights are not absolute when best interests require it)
- Troxel v. Granville, 530 U.S. 57 (2000) (constitutional protections for parental rights balanced against child welfare)