In re A.S.
2017 Ohio 8984
| Ohio Ct. App. | 2017Background
- Father is the biological parent of four children (b. 2009, 2012, 2013, 2016); mother abandoned the children and is not a party to the appeal.
- CSB became involved after a 2015 domestic-violence incident that revealed drugs in the home; children were adjudicated dependent and placed in temporary custody of Summit County Children Services.
- Father had prior criminal history (domestic-violence convictions), a two-year no-contact order with the mother, and a mixed history of prior child-removal/reunification (the oldest child had been removed previously twice).
- CSB moved for permanent custody after about 9 months; father moved alternatively for legal custody or a six-month extension of temporary custody.
- At the final hearing, the court found statutory grounds for permanent custody (mother’s abandonment and prior adjudications) and concluded, by clear and convincing evidence, that permanent custody was in the children’s best interests due to father’s inconsistent visitation, ongoing substance-abuse and mental-health issues, failure to complete case-plan tasks (parenting classes, stable housing, drug-treatment compliance), and lack of insight.
- The juvenile court terminated parental rights and awarded permanent custody to CSB; the appellate court affirmed.
Issues
| Issue | Father’s Argument | CSB’s Argument | Held |
|---|---|---|---|
| Whether awarding permanent custody to CSB (and denying a six-month extension) was against the manifest weight of the evidence | Permanent custody was not supported by clear and convincing evidence; a six-month extension would better serve reunification prospects | Permanent custody was in children’s best interests given mother’s abandonment, father’s failure to complete case plan, ongoing substance abuse, unstable housing, inconsistent visits, and no viable relatives | Affirmed: permanent custody appropriate; six-month extension contrary to children’s best interests |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for reviewing manifest-weight challenges)
- In re William S., 75 Ohio St.3d 95 (Ohio 1996) (statutory framework for permanent-custody determinations)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (definition of clear and convincing evidence)