In re B.P.
2020 Ohio 4120
Ohio Ct. App.2020Background:
- LCJFS removed three siblings in Jan. 2017 after non‑accidental injuries to one child; children were adjudicated abused/dependent and placed together in foster care.
- Parents (Mother and Father) received case plans (substance/mental‑health treatment, parenting, stable housing/employment); both completed parts of plans but had ongoing instability.
- Father has serious mental‑health and substance‑use history, multiple suicide attempts (one witnessed by a child), documented anger/domestic‑violence incidents, and inconsistent counseling/medication compliance.
- The children were returned to parents in July 2018 but removed three weeks later after a violent parental incident involving Father hitting Mother with a car during a fight in front of the children.
- LCJFS filed for permanent custody (filed Dec. 2018); after hearings the magistrate granted permanent custody to LCJFS; the trial court overruled Father’s objections. Father appealed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence shows the children cannot or should not be placed with parents within a reasonable time (R.C. 2151.414(B)/(E)) | Father: he completed the case plan and can reunify; court lacked clear and convincing proof he failed to remedy conditions | LCJFS: parents’ history of domestic violence, Father’s anger/mental‑health instability, late/temporary housing and counseling, and long time in agency custody show parents haven’t remedied conditions | Affirmed: court found clear and convincing evidence parents could not/should not have children returned within a reasonable time |
| Whether granting permanent custody is in the children’s best interest (R.C. 2151.414(D)) | Father: permanent custody not justified; children bonded to parents; reunification preferable | LCJFS: children have stability with foster family, bonded siblings, need legally secure placement after years in care | Affirmed: best interest favors permanent custody to LCJFS |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279, 376 N.E.2d 578 (1978) (standard that appellate court will not reverse a judgment supported by some competent, credible evidence)