2020 Ohio 526
Ohio Ct. App.2020Background
- Father (D.D.) is biological father of A.D. (b. 2008) and G.D. (b. 2009); Mother did not appeal. Children were removed in 2015 after findings that Mother had substance abuse issues and Father used excessive physical discipline on older siblings.
- In June 2017 the trial court placed A.D. and G.D. in legal custody of a third party (D.M.) and suspended Father’s contact unless he showed meaningful participation in counseling, anger management, and parenting instruction.
- Father made no effort to participate in the ordered services, denied any parenting problem, and had no contact with the children from June 12, 2017 through August 23, 2018.
- D.M. relinquished care in August 2018; LCCS filed for temporary custody and later amended to seek permanent custody as the initial disposition.
- The juvenile court adjudicated the children neglected and dependent and, after a dispositional hearing, terminated parental rights and awarded permanent custody to Lorain County Children Services (LCCS). Father appealed, challenging both prongs of the permanent-custody test.
Issues
| Issue | Father’s Argument | LCCS’s Argument | Held |
|---|---|---|---|
| Whether the first prong (abandonment under R.C. 2151.414(E)(10)) is met | Suspension of visitation prevented willful abandonment; Father’s lack of contact was not voluntary | Father abandoned the children because he had no contact for >90 days and he failed to comply with the conditional terms to restore contact | Court affirmed abandonment: suspension was conditional and Father made no attempt to satisfy conditions, so presumption of abandonment stood |
| Whether permanent custody is in the children’s best interest under R.C. 2151.414(D) | Children expressed desire to reunite; Father argued placement with him would serve their wishes | Children feared Father, had history of abuse/neglect, had lived outside parents’ custody for years, and needed legally secure, permanent placement | Court found permanent custody to LCCS was in the children’s best interest and affirmed termination of parental rights |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review of bench findings)
- In re William S., 75 Ohio St.3d 95 (Ohio 1996) (permanent-custody statutory two-prong framework)
- In re Masters, 165 Ohio St. 503 (Ohio 1956) (definition of "abandon" requires willful relinquishment)