In re A.M.
2017 Ohio 7653
| Ohio Ct. App. | 2017Background
- Mother’s three children (A.M., R.M., I.A.) were adjudicated neglected/dependent after LCCS removal; maternal aunt and uncle (Aunt and Uncle) obtained temporary custody in 2014 and later moved for legal custody.
- LCCS filed complaints based on chronic lack of supervision, substance abuse, domestic violence, mental-health issues, and unsafe home conditions; children had been with Aunt/Uncle since 2014 and were thriving there.
- Mother had a long history of LCCS involvement, inconsistent visitation, incomplete compliance with a court-ordered case plan (mental‑health and substance‑abuse treatment not completed), positive drug tests during the case, unstable housing, and ongoing contact with an identified abuser.
- Aunt and Uncle provided stable housing, met the children’s medical and educational needs (including special needs of I.A.), and were recommended for legal custody by the caseworker and guardian ad litem.
- The magistrate granted legal custody to Aunt and Uncle; the juvenile court adopted that decision over Mother’s objections. Mother appealed, challenging (1) the best-interest finding for legal custody, (2) the agency’s reasonable‑efforts finding, and (3) denial of a six‑month extension of temporary custody.
Issues
| Issue | Mother’s Argument | Aunt/Uncle & LCCS Argument | Held |
|---|---|---|---|
| Whether LCCS used reasonable efforts to prevent continued removal | Mother: LCCS failed to use reasonable reunification efforts | LCCS: reasonable efforts were made and not contested below | Not reached on merits — Mother failed to preserve issue by not objecting below; assignment overruled |
| Whether awarding legal custody to Aunt/Uncle was in children’s best interest (manifest weight) | Mother: legal custody was not in children’s best interest; she needed a 6‑month extension to complete case plan | Aunt/Uncle, caseworker, guardian: children stable, bonded, needs met; Mother noncompliant and posed risks | Affirmed — award of legal custody to Aunt/Uncle not against the manifest weight of the evidence |
| Whether denying Mother a six‑month extension of temporary custody was an abuse of discretion | Mother: additional time would allow completion of case plan and reunification | LCCS/Court: legal custody found to be permanent best interest; extension inappropriate where legal custody is proper | Affirmed — denial of extension proper once legal custody awarded |
| Credibility of evidence regarding discipline, substance use, and parental capacity | Mother: Aunt/Uncle use harsh discipline; Mother is appropriate caregiver | Aunt/Uncle and witnesses: discipline not abusive; drug screens negative for Uncle; children thriving; Mother inconsistent and had positive drug tests | Court credited agency and guardian; no manifest miscarriage of justice |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing manifest weight of the evidence and deference to the factfinder)