In re Adoption of D.J.S., 2017 Ohio 8567

Appellees obtained custody of D.J.S. in 2008; the custody order stated the foster parents would not seek child support and would add the child to their health insurance.
Appellees filed a petition to adopt D.J.S. on March 9, 2017, alleging the biological mother (Appellant) failed without justifiable cause to provide support or maintenance for at least one year before the petition, making her consent unnecessary under R.C. 3107.07(A).
Appellant objected and testified she had regular bi‑weekly and overnight visitation in the year before the petition and provided food, shelter, care, and activities during visits but did not make monetary support payments.
At a June 8, 2017 hearing the probate court focused on maintenance/support (the contact claim was abandoned) and found neither parent made a meaningful attempt to provide adequate support; the court determined Appellant had no justifiable cause for nonpayment and held her consent unnecessary.
On July 27, 2017 the trial court entered a final adoption decree; Appellant appealed the July 6 finding that her consent was unnecessary.
The Fifth District reversed, holding the record lacked clear and convincing evidence that Appellant’s support failure was equivalent to abandonment given her regular visitation and provision of necessities during visits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether parental consent may be dispensed with under R.C. 3107.07(A) for failure to provide maintenance/support for one year	Appellees: Mother failed to provide required maintenance/support for the year before filing; no justifiable cause for nonpayment	Appellant: Although she paid no monetary support, she provided food, shelter, clothing and care during regular and overnight visits; custody order excused support requests	Court: Reversed trial court — Appellant’s in‑person provision of necessities during regular visitation precluded finding failure to support equivalent to abandonment; consent required

In re Adoption of McDermitt, 63 Ohio St.2d 301 (recognizes failure to support as independent basis to dispense with consent)
Cross v. Ledford, 161 Ohio St. 469 (defines clear-and-convincing evidence standard)
In re Adoption of Schoeppner, 46 Ohio St.2d 21 (exceptions to parental consent must be strictly construed)
In re Adoption of Bovett, 33 Ohio St.3d 102 (burden on petitioner to prove non‑support and lack of justifiable cause by clear and convincing evidence)
In re Adoption of M.B., 131 Ohio St.3d 186 (definitions of maintenance/support and discussion of what constitutes support)
In re Adoption of McNutt, 134 Ohio App.3d 822 (providing necessities during visitation can constitute sufficient support)