In re Adoption of A.H., 2013 Ohio 1600

Mother is the natural mother of A.H. (b. 2003) and M.H. (b. 2005); younger child not at issue.
In 2005, Juvenile Court placed the children in the legal custody of their paternal grandmother, who lives with her husband.
In 2011, Grandmother and her husband petitioned to adopt the two children; they alleged lack of parental contact or support for at least one year as to consent not being required.
Mother objected, claiming justified lack of contact due to Grandmother blocking contact and that medical illness prevented work and support.
A magistrate found that Mother failed, without justification, to maintain more than de minimis contact and to provide support for the year preceding the petition.
Trial court overruled objections; Mother appeals arguing lack of justifiable cause; Court of Appeals affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly found no justifiable cause for lack of support	Mother argues justified lack of support due to mental illness.	Grandparents contend Mother failed to prove justifiable cause for nonpayment.	Yes; findings supported by clear and convincing evidence.

In re Adoption of Bovett, 33 Ohio St.3d 102 (1987) (burden-shifting framework when failure to support is shown)
In re Adoption of Masa, 23 Ohio St.3d 163 (1983) (one-year look-back and facially justifiable cause concepts)
In re Adoption of McDermitt, 63 Ohio St.2d 301 (1980) (disjunctive standard: either lack of contact or lack of support suffices)
In re Adoption of M.B., 131 Ohio St.3d 186 (2012) (standard of review for trial court factual findings under clear and convincing evidence)