In re B.S.
2012 Ohio 1036
Ohio Ct. App.2012Background
- TCJFS filed for neglect/dependency of B.S. (b. 11/22/2005) and S.S. (b. 9/22/2009); they remained in TCJFS custody with supervised visitation for the parents.
- Mother and Father (B.S.'s and S.S.'s biological parents) had a case plan; Mother’s visits were suspended for disruptive conduct and later due to her drug use; Mother moved out of state and was evicted in April 2011.
- Dr. Anita Exley diagnosed Mother with adjustment disorder with histrionic personality disorder and narcissistic features, recommending therapy; without therapy reunification concerns were present.
- Ongoing case manager Jamie Grunder stated Mother’s drug use developed over time; Mother repeatedly failed to attend appointments, moved or evicted, and had no stable housing or proof of employment; Mother had no contact with TCJFS or the court after April 2011.
- On September 25, 2011, trial court terminated parental rights and granted permanent custody to TCJFS; Mother appealed alleging errors in weight of evidence, availability of relative placement, and lack of independent counsel for children.
- This appeal proceeded on an expedited calendar under App. R. 11.2(C).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permanent custody supported by clear and convincing evidence? | Schenker argues evidence contradicts gravamen of best interests. | TCJFS contends evidence supports can't be placed with Mother. | Not against weight; evidence supports best interests and proper statutory findings. |
| Relative placement available? | Mother argues relative (grandmother) placement was available. | TCJFS reasonably found no suitable relative placement. | No error; grandmother placement properly deemed unsuitable. |
| Due process—counsel for children? | Children lacked independent counsel; guardian ad litem conflicted. | No per se need for separate counsel given maturity and GAL representation. | No error; no duty to appoint separate counsel under the circumstances. |
Key Cases Cited
- In re Schaefer, 111 Ohio St.3d 498, 857 N.E.2d 532, 2006-Ohio-5513 (Ohio Supreme Court (2006)) (statutory weighing of best interests; relative placement not controlling factor when determining best interest)
- In re Williams, 101 Ohio St.3d 398, 805 N.E.2d 1110, 2004-Ohio-1500 (Ohio Supreme Court (2004)) (child is party; independent counsel considerations case-by-case; maturity matters; GAL role considered)
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279, 376 N.E.2d 578 (Ohio Supreme Court (1978)) (standard for reviewing trial court decisions on weight/credibility; manifest weight concept)