In re Am.H.
2019 Ohio 4374
| Ohio Ct. App. | 2019Background
- LCCS filed a dependency/neglect complaint (Aug. 2017) after three separate children alleged sexual abuse by parents A.H. (appellant) and N.W.; the two toddlers (born 2015 and 2016) were removed and placed with N.W.’s cousins.
- Parents completed dual diagnostic assessments required by the case plan but did not complete sex-offender treatment; eligibility for that treatment would have required an admission or conviction. Both parents were criminally charged and were later acquitted (May 15, 2018).
- During the case parents had weekly level-one supervised visits; caseworkers testified appellant was frequently inconsistent, late, or left early for visits and was generally uncooperative.
- At the reunification hearing N.W. admitted on the record to inappropriate texting and touching of the 17-year-old (an admission not previously made to LCCS); guardian ad litem and LCCS staff still found multiple allegations credible and remained concerned for the toddlers’ safety.
- The juvenile court denied appellant’s reunification motion and awarded legal custody to the cousins; appellant appealed arguing LCCS failed to make reasonable efforts to reunify and that legal custody to a third party was not in the children’s best interest. The Sixth District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LCCS made reasonable efforts to prevent continued removal / to reunify | LCCS never intended reunification; agency did not add services after dual diagnostics and parent acquittal, so efforts were inadequate | LCCS produced case plans, required services, facilitated supervised visits, and repeatedly tried to work with parents | Affirmed: record shows reasonable efforts (case plan, visitation, worker outreach); court defers to credibility findings |
| Whether awarding legal custody to third parties was contrary to children’s best interests | Appellant: legal custody to cousins not proven by preponderance; children should be returned to parent | LCCS / GAL: children were bonded and doing well with relatives; parents were inconsistent, uncooperative, and agency had safety concerns | Affirmed: trial court found by preponderance that custody to cousins served children’s best interests (stability, adjustment, facilitation of visits) |
Key Cases Cited
- C.E. Morris Co. v. Foley Contr. Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (1978) (appellate review standard; judgments supported by some competent, credible evidence will not be reversed as against the manifest weight)
- In re C.R., 108 Ohio St.3d 369, 2006-Ohio-1191, 843 N.E.2d 1188 (2006) (best-interest focus in custody determinations)