In re A.J.
2019 Ohio 593
Ohio Ct. App.2019Background
- A.J., born 2010, was removed from parental care after reports of neglect and Father's heroin use; Father tested positive for heroin metabolites and later died of an overdose in July 2017.
- Mother had a long history of heroin addiction and multiple convictions; she was incarcerated throughout the case serving a multi-year sentence and had not had face-to-face contact with A.J. for over two years.
- CCDJFS placed A.J. in temporary custody April 11, 2017; A.J. was adjudicated dependent and later placed with a paternal second‑cousin and his wife, who sought to adopt.
- CCDJFS moved for permanent custody March 1, 2018; the GAL recommended permanent custody after A.J. said she wanted to stay with the placement family "forever."
- Juvenile court (magistrate and court) found by clear and convincing evidence that (1) A.J. could not be placed with Mother within a reasonable time (Mother incarcerated beyond statutory thresholds) and (2) permanent custody to CCDJFS was in A.J.’s best interest given stability, bonding with caregivers, progress in placement, Mother’s criminal and substance‑abuse history, and Mother’s lack of demonstrated ability to remain sober or provide housing/employment upon release.
Issues
| Issue | Mother’s Argument | CCDJFS’s / Court’s Argument | Held |
|---|---|---|---|
| Whether permanent custody was supported by sufficient evidence / against manifest weight | Court should delay or continue case until Mother’s release so she can obtain services and reunify | Mother was incarcerated beyond statutory thresholds; placement family provides stability; risk of relapse and lack of resources make reunification unreasonable | Affirmed: sufficient evidence and not against manifest weight; permanent custody granted |
| Whether A.J. could be placed with Mother within a reasonable time under R.C. test | Mother would be ready within ~3 months of release; prison programs prepare her for reentry | Mother’s anticipated release was >18 months after filing; R.C. requires finding child cannot be placed if parent unavailable 18+ months; Mother has unstable history and barriers | Held: Mother unavailable within reasonable time per statute; court required to find child could not be placed |
| Whether failure to provide Mother with case plan/services was reversible error | Mother argues CCDJFS did not give services to remedy conditions | CCDJFS cannot meaningfully provide community‑based services while parent is incarcerated; in‑prison programming insufficient to demonstrate out‑of‑community sobriety or stability | Held: No error—services outside prison required; CCDJFS’s efforts reasonable |
| Whether court improperly bypassed relative placement options | Mother contends court should have sought relative legal custody before awarding permanent custody | A.J. already placed with relative caregivers who sought adoption; no relative timely moved for legal custody as required by Juvenile Rule | Held: No error—the record shows placement with relatives and no timely legal‑custody motions by other relatives |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (due process and clear-and-convincing standard for terminating parental rights)
- Eastley v. Volkman, 132 Ohio St.3d 328 (standard for reviewing manifest‑weight challenges and deference to factfinder)