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2020 Ohio 3322
Ohio Ct. App.
2020
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Background

  • Parents Donald Napper and Lacey Hartman have a child, A.N.; Marion County Children’s Services (the Agency) obtained temporary custody after filing neglect/dependency proceedings in March 2018.
  • Child adjudicated dependent on September 11, 2018; temporary custody awarded to the Agency at disposition on October 12, 2018.
  • On July 10, 2019, the Agency moved for permanent custody citing the child had been in temporary custody 12 of the prior 22 months.
  • Following an October 2019 hearing, the trial court granted permanent custody, finding parental lack of commitment (R.C. 2151.414(E)(4)) and that the Agency made reasonable efforts.
  • The trial court’s judgment entry did not expressly address the statutory best-interest factors in R.C. 2151.414(D)(1) or use the phrase “best interest,” and it relied on a different statutory subsection than the Agency’s motion.
  • Napper (and nominally Hartman) appealed; the appellate court reversed and remanded because the record lacked an affirmative indication the trial court considered the R.C. 2151.414(D)(1) factors.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court complied with R.C. 2151.414(D)(1) (best-interest analysis) Napper: court failed to address or make findings on D(1) factors; no affirmative indication of consideration Agency: evidence supported permanent custody and court implicitly considered necessary factors Reversed and remanded — judgment entry lacked specific findings or an affirmative indication the court considered D(1); remand required for proper findings
Whether the court applied the correct statutory ground under R.C. 2151.414(B)(1) Napper: trial court relied on (E)(4) while the motion was based on (B)(1)(d) (12/22 months) Agency: motion premised on 12/22-month ground (B)(1)(d) Court noted the inconsistency (trial court relied on (a)/(E)(4) instead of addressing (d)) but treated the dispositive error as failure to perform the D(1) best-interest analysis; remand ordered

Key Cases Cited

  • In re B.C., 141 Ohio St.3d 55 (Ohio 2014) (trial courts must comply with R.C. 2151.414 when granting permanent custody; establishes the statutory framework for permanent-custody determinations)
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Case Details

Case Name: In re A.N.
Court Name: Ohio Court of Appeals
Date Published: Jun 15, 2020
Citations: 2020 Ohio 3322; 9-19-79
Docket Number: 9-19-79
Court Abbreviation: Ohio Ct. App.
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