2016 Ohio 8504
Ohio Ct. App.2016Background
- A.L. (born Sept. 9, 2015) is the subject of a dependency case brought against Mother Carrie L. and Father Michael L.
- The parents have histories of homelessness and serious mental health issues; prior cases involving siblings had resulted in termination of parental rights.
- CSB obtained emergency temporary custody of A.L. after a welfare check and parents initially engaged with a case plan.
- A.L. was adjudicated dependent with the trial court adopting a case plan focused on housing, mental health treatment, parenting classes, and chemical dependency evaluation.
- A.L. remained in foster care with the same family that adopted the child’s siblings; CSB moved for permanent custody after determining reunification was not feasible.
- The trial court granted CSB a permanent-custody motion, terminating parental rights; both parents appealed arguing errors in weight of the evidence and in denial of a six-month extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody to CSB is not against the manifest weight of the evidence | Father contends the decision is contrary to the weight of the evidence | CSB argues statutory factors support permanent custody | No reversible error; evidence supports placement in permanent custody. |
| Whether the by-pass of reasonable efforts justifies permanent custody | Father asserts potential for reunification despite bypass | CSB shows prior termination and lack of progress; bypass permitted | Record supports bypass and grant of permanent custody. |
| Whether denial of a six-month extension was an abuse of discretion | Mother seeks six-month extension for reunification | Guardian ad litem and court opposed extension given permanency need and lack of progress | No abuse; extension denied and permanent custody affirmed. |
Key Cases Cited
- In re R.L., 2014-Ohio-3117 (9th Dist. Summit 2014) (prior termination supports bypass and permanency discussion)
- In re S.R.T., 2016-Ohio-788 (9th Dist. Summit 2016) (reasonable efforts bypass affects subsequent permanent custody procedures)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (manifest weight standard review guidance)
- In re W.W., 2011-Ohio-4912 (1st Dist. Hamilton 2011) (case law on permanency and bypass implications)
- In re A.U., 2008-Ohio-186 (2d Dist. Montgomery 2008) (analysis in bypass and permanency contexts)