2020 Ohio 3322
Ohio Ct. App.2020Background
- 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)