2018 Ohio 2835
Ohio Ct. App.2018Background
- Mother had two medically fragile children, G.U. (deceased during proceedings) and A.G.; paternity for A.G. was never established. CSB intervened after reports of medical neglect.
- CSB obtained emergency temporary custody and placed both children in a foster home certified for medically fragile children; Mother stipulated to dependency.
- CSB pursued reunification efforts but later moved for permanent custody; ultimately it withdrew that motion and sought legal custody alternatives after a relative (Aunt) surfaced.
- The guardian ad litem moved for permanent custody but orally amended to alternatively request legal custody to Foster Parents; Foster Parents also sought legal custody.
- Juvenile court granted legal custody of A.G. to the foster parents, denied Mother’s motions, and allowed Aunt weekly overnight visitation; Mother appealed raising six assignments of error.
Issues
| Issue | Mother's Argument | Opposing Argument | Held |
|---|---|---|---|
| Whether the custody order is final where it did not specify Mother’s visitation | Judgment not final because it failed to award visitation | Award of legal custody is a final, appealable order even without a visitation order | Court: Order was final; Mother failed to request or prove a basis for visitation, so no error |
| Whether awarding legal custody to foster parents violated least restrictive-placement preference for relatives | Aunt was a suitable relative; placement with Aunt is less restrictive under O.A.C. and should be preferred | O.A.C. placement rules govern temporary placements; legal-custody dispositive decision must be based on child’s best interest | Court: Administrative placement rules don’t control final legal-custody decision; best-interest analysis to foster parents affirmed |
| Whether foster parents (nonparties) improperly prosecuted custody motion and violated due process | Nonparty motion improper; foster parents should be dismissed | Guardian ad litem (a party) prosecuted legal-custody request for foster parents by orally amending motion; foster parents offered no independent evidence | Court: No plain error; guardian ad litem’s motion sufficed under R.C. 2151.353(A)(3) |
| Whether the custody award was against the manifest weight of the evidence | Placement with Aunt would better preserve family ties and is adequate for medical needs | Foster parents provided the only home A.G. had known, consistently met complex medical needs, and facilitated relative contact; Aunt had limited medical experience, housing/transit, criminal/CSB history concerns | Court: Legal custody to foster parents was supported by the greater weight of the evidence and not a manifest miscarriage of justice |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion)
- Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (1993) (appellate review of discretionary rulings)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (manifest-weight standard and deference to factfinder)
- In re A.J., 148 Ohio St.3d 218 (2016) (standards for substitute-care placement and review for abuse of discretion)