In re A.J.
2017 Ohio 1392
Ohio Ct. App.2017Background
- Mother (H.J.) gave birth Sept. 2015 while incarcerated for robbery; she initially placed the infant with informal caregivers but did not legally transfer custody. LCCS obtained temporary custody Oct. 2015.
- Mother remained incarcerated with a projected release in Oct. 2018; she was ineligible for most case-plan services because of incarceration and an early-release attempt was denied.
- LCCS investigated multiple relative placement options (maternal grandmother, uncle, cousin, J.J. — a former girlfriend of the uncle, and paternal relatives) but found none suitable or available; paternity for three men was excluded or unconfirmed.
- Child was in foster care, healthy and developmentally on target; GAL and caseworkers recommended permanency with LCCS absent an identified, suitable relative step-up.
- LCCS moved for permanent custody July 2016; after hearings, the juvenile court awarded permanent custody to LCCS and terminated mother’s parental rights Oct. 28, 2016.
- Mother appealed; appellate counsel filed an Anders brief proposing two potential assignments of error (manifest weight and existence of a suitable relative). The Sixth District conducted independent review and affirmed; counsel’s motion to withdraw granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody award was against the manifest weight of the evidence | Mother argued court should have extended temporary custody because her judicial-release prospects could allow reunification soon | LCCS and GAL argued mother was incarcerated and unavailable for at least 18 months; permanency required | Court held trial court’s factual findings supported by clear and convincing evidence; not against manifest weight; permanency appropriate |
| Whether a suitable relative existed to award custody instead of terminating parental rights | Mother argued relatives (notably J.J.) were suitable and could assume custody or adoption | LCCS showed relatives were either unsuitable, unwilling, ineligible, or unverified; J.J. had not filed for custody/adoption | Court held LCCS made reasonable efforts to locate relatives and no suitable, available relative placement existed; factor considered but not dispositive |
| Application of R.C. 2151.414(E)(12) (incarceration) to support permanent custody | Mother argued potential early release made incarceration factor inapplicable or insufficient to justify permanency delay | LCCS relied on mother’s incarceration term and need to reestablish housing/income post-release to show unavailability for at least 18 months | Court applied E(12), finding competent evidence mother would be unavailable for 18+ months and reentry needs counseled against delaying permanency |
| Sufficiency of LCCS’s reasonable-efforts to finalize permanency plan | Mother implied agency should have done more to preserve placement with relatives | LCCS documented investigations of multiple relatives, service offers, and search for adoptive placement; GAL concurred | Court found LCCS made reasonable efforts to implement and finalize a permanent placement plan |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek withdrawal when appeal is frivolous)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (standard that judgments supported by some competent, credible evidence will not be reversed as against manifest weight)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (definition of clear and convincing evidence)
- Karches v. Cincinnati, 38 Ohio St.3d 12 (Ohio 1988) (presumption in favor of trial court’s factual findings)
- In re Schaefer, 111 Ohio St.3d 498 (Ohio 2006) (court must consider relative-placement availability among all relevant factors in best-interest analysis)
- In re Stacey S., 136 Ohio App.3d 503 (Ohio Ct. App.) (clear-and-convincing standard in termination proceedings)
- Morris v. Lucas Cty. Children Servs. Bd., 49 Ohio App.3d 86 (Ohio Ct. App.) (Anders procedures apply to termination-of-parental-rights appeals)