In re A.D., 2014 Ohio 5083

Mother has long-standing opioid and other substance abuse, multiple probation violations, and prior periods where Fayette County Children Services (Agency) had temporary custody of her daughters A.D. and G.D.
Father briefly had custody (2011) then returned the children to Mother in Oct 2013; Mother was arrested Nov 2013, tested positive for multiple drugs, and the Agency obtained emergency temporary custody.
Mother was incarcerated when the Agency filed for permanent custody; a case plan required sobriety, treatment, parenting classes, employment, and stable housing.
Father surrendered his parental rights before the permanent custody hearing; the children (ages 16 and 14) expressed they were angry with Mother and did not want to live with her.
The juvenile court found (by clear and convincing evidence) the children were dependent, the Agency made reasonable reunification efforts, and granting permanent custody to the Agency was in the children’s best interests.

Issue	Mother’s Argument	Agency’s Argument	Held
Whether Agency made reasonable efforts to reunify	Agency failed to provide sufficient reunification effort or time, especially while Mother was incarcerated	Agency had long-term involvement, offered services, and made reasonable efforts despite Mother’s repeated relapses and noncompliance	Court held Agency made reasonable efforts; assignment overruled
Whether granting permanent custody was in children’s best interest vs. less-restrictive planned permanent living arrangement	Court should have evaluated or ordered a planned permanent living arrangement rather than terminating parental rights	Agency hadn’t moved for a planned permanent living arrangement; statutory factors supported permanent custody as children needed legally secure placement	Court held permanent custody was appropriate and it lacked authority to impose a planned permanent living arrangement absent Agency motion; assignment overruled

Santosky v. Kramer, 455 U.S. 745 (standard of proof for terminating parental rights: clear and convincing evidence)
In re C.F., 113 Ohio St.3d 73 (2007) (statutory reasonable-efforts requirement and timing of findings)
In re A.B., 110 Ohio St.3d 230 (2006) (court cannot place child in planned permanent living arrangement absent agency motion)
In re Starkey, 150 Ohio App.3d 612 (7th Dist.) (appellate standard of review for permanent custody findings)
In re Rodgers, 138 Ohio App.3d 510 (12th Dist.) (reversal only where clear conflict in evidence supports different conclusion)