2017 Ohio 8663
Ohio Ct. App.2017Background
- CCDCFS removed newborn B.D. in Nov. 2013; child adjudicated dependent after mother stipulated to lack of housing, mental-health issues, and history with other dependent children.
- Child remained in foster care; foster parents sought legal custody in 2015; CCDCFS initially moved for permanent custody but later withdrew and recommended reunification.
- Mother completed her case plan; child was returned to her custody with protective supervision in March 2016 and remained with her for ~9 months without incident.
- Foster parents then moved for legal custody; at the Dec. 2016 hearing social worker and GAL reported appropriate parenting and no safety concerns, though GAL recommended foster custody based on long-term quality-of-life concerns.
- Juvenile court awarded legal custody to the foster parents, finding mother likely to subject the child to "perpetual low level neglect" and giving significant weight to the GAL recommendation.
- Ohio Court of Appeals reversed, concluding the juvenile court’s best-interest finding was not supported by the preponderance of the evidence and ordering termination of protective supervision with immediate return of the child to mother.
Issues
| Issue | Mother’s Argument | Foster Parents’ / Juvenile Court’s Argument | Held |
|---|---|---|---|
| Whether a juvenile court must make a separate parental-unsuitability finding before awarding legal custody to a nonparent after child reunified under protective supervision | Court must not award legal custody to nonparent without finding parent unsuitable | In adjudicated dependency cases, no separate unsuitability finding is required; dependency implies unsuitability | Court: No separate finding required; In re C.R. controls (first assignment overruled) |
| Whether award of legal custody to foster parents was against manifest weight / supported by preponderance of evidence | Mother: she completed case plan, CCDCFS favored unrestricted legal custody to mother, child lived with mother ~9 months without incident; award contrary to best interest | Juvenile court & GAL: bond to foster parents, GAL concerned about mother’s long-term financial/parenting prospects; feared neglect | Court: Award unsupported by preponderance; evidence favored granting legal custody to mother (second assignment sustained) |
Key Cases Cited
- In re C.R., 108 Ohio St.3d 369 (2006) (adjudication of abuse/neglect/dependency implicitly addresses parental unsuitability; no statutory requirement of separate unsuitability finding before awarding legal custody)
- In re C.F., 113 Ohio St.3d 73 (2007) (statutory purposes of juvenile code favor family placement when possible)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights to raise children are fundamental)
- Perales v. Casazza, 52 Ohio St.2d 89 (1977) (private custody standard requiring unsuitability finding distinguished from dependency cases)
- In re Hockstok, 98 Ohio St.3d 238 (2002) (private nonparent custody precedent distinguished in dependency context)