2020 Ohio 6902
Ohio Ct. App.2020Background
- Two children at issue: Child 1 (born 2009) and Child 2 (born 2005); each lived with their biological mother (Mother) before juvenile-court removal in Sept. 2017.
- Juvenile court adjudicated both children abused/dependent, placed them with their fathers, and issued a no-contact order conditioning Mother's resumed visitation on filing a motion showing her mental-health issues were addressed.
- Mother underwent inpatient/outpatient treatment and a probate-court civil commitment (Jan–Sept 2018) for multiple mental-health disorders and residual stroke effects.
- Stepmother 1 and Stepmother 2 filed adoption petitions in early 2019; Mother objected and sought custody/visitation in juvenile court and produced medical releases to obtain records.
- Probate court (after a two-day hearing) held Mother's consent was required because Stepmothers failed to prove, by clear and convincing evidence, that Mother lacked justifiable cause for (1) failing to have more than de minimis contact in the year before the petitions and (2) failing to provide maintenance/support.
- On appeal the court affirmed the probate court as to the two child-adoption matters and dismissed a third related appeal as moot (adult adoption had occurred).
Issues
| Issue | Plaintiff's Argument (Stepmothers) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether Mother's consent was excused under R.C. 3107.07(A) because she failed to have more than de minimis contact for the year before the petitions | Mother had no contact in the relevant year; testimony showed she felt "great" after Sept. 2018, so no justifiable cause | Juvenile-court no-contact order and recent civil commitment/mental-health treatment justified lack of contact; she reasonably pursued court-ordered process (obtaining records, counsel) to resume contact | Affirmed: probate court did not err — Mother's lack of contact was with justifiable cause (manifest-weight review) |
| Whether Mother's consent was excused because she failed to provide maintenance or support for the year before the petitions | Mother failed to provide support during the relevant year | Mother maintained medical insurance for the children, had minimal SSD income (~$766/mo), and fathers did not seek support; inability to pay is a justifiable cause | Affirmed: Stepmothers failed to prove non-support without justifiable cause by clear and convincing evidence |
Key Cases Cited
- In re Adoption of Masa, 23 Ohio St.3d 163 (1986) (ability to pay is a key factor in determining justifiable cause for non-support)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (parental-consent exceptions must be strictly construed; justifiable-cause inquiry applies)
- In re Adoption of B.I., 157 Ohio St.3d 29 (2019) (strict construction of exceptions to parental consent under adoption law)
- Pewitt v. Lorain Correctional Inst., 64 Ohio St.3d 470 (1992) (courts may take judicial notice of events that render a case moot)