2011 Ohio 1909
Ohio Ct. App.2011Background
- A.P. was born October 4, 2007 to Jason Barbee and Melissa Price, who were not married.
- FCCPS filed for dependent status in June 2008; A.P. was placed in temporary custody after shelter care.
- A.P. vacillated between agency custody and parental custody with protective supervision through 2009.
- In March 2010, FCCPS sought permanent custody; GAL recommended permanent custody to the agency in September 2010.
- Trial began October 26, 2010; evidence showed Barbee’s repeated incarcerations, DUIs, missed drug screens, and inconsistent counseling and visitation, while maintaining kinship placements for A.P.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had clear and convincing evidence for permanent custody | Barbee argues no clear and convincing showing exists | CPS argues evidence supported termination and permanent custody | Affirmed; clear and convincing evidence supported. |
| Whether statutory prerequisites under RC 2151.414 were met | Barbee asserts prerequisites not properly established | CPS contends statutory criteria satisfied | Affirmed; statutory prerequisites satisfied. |
| Whether reasonable efforts to reunify were required under RC 2151.419 | Barbee claims reasonable efforts were mandated and not performed | CPS contends RC 2151.419 generally not applicable to permanent custody | Affirmed; statute not applicable to permanency proceeding and record supports termination. |
| Whether CPS presented sufficient evidence for legal custody under RC 2151.353(A)(3) | Barbee argues CPS or court could grant legal custody to a parent/other | CPS contends permanent custody to agency was appropriate and not error | Affirmed; permanent custody proper under RC 2151.414 rather than legal custody. |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (clear and convincing standard described)
- Schiebel v. State, 55 Ohio St.3d 71 (Ohio 1990) (requires substantial, credible evidence for factual findings)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (summary judgment standard and weight of evidence guidance)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (credibility and deference to trial court in custody matters)
- Holcomb v. Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (definitions and application of clear and convincing standard)