2015 Ohio 4805
Ohio Ct. App.2015Background
- Infant B.S., born Feb. 2014 with Pierre Robin Sequence and other congenital/respiratory problems, required ongoing medical care and supervision (apnea monitor, supplemental oxygen, special feeding, respiratory treatments).
- Hospital staff observed parents Rebecca and Robert turning off monitors and failing to follow medical care instructions; emergency custody was granted and B.S. was placed with Allen County Children’s Services Board (ACCSB).
- Parents have significant cognitive limitations; psychological testing by Dr. Hustak showed both had IQ composites of ~70, limited adaptive skills, and high-risk indicators for neglect/physical abuse; evaluator concluded substantial, likely permanent parental deficits.
- ACCSB developed a reunification case plan (parenting classes, psychological assessments, etc.); Rebecca completed classes and visitation but repeatedly failed to demonstrate safe independent caregiving or provide a stable, non-smoking home; parents changed residences many times.
- ACCSB moved for permanent custody; hearing evidence included medical testimony about B.S.’s needs, foster mother’s care, ACCSB caseworker testimony about parental instability, and Dr. Hustak’s evaluations/deposition.
- Trial court granted ACCSB permanent custody; Rebecca appealed asserting (1) ACCSB failed to make reasonable/diligent reunification efforts and she complied with the case plan, and (2) the parents’ cognitive limitations were insufficient to find they could not provide a permanent home.
Issues
| Issue | Plaintiff's Argument (Rebecca) | Defendant's Argument (ACCSB) | Held |
|---|---|---|---|
| Whether ACCSB made reasonable case-planning and diligent efforts toward reunification under R.C. 2151.414(E)(1) | ACCSB failed to provide adequate visitation and otherwise did not make reasonable efforts; Rebecca completed case-plan services | ACCSB made repeated, documented reunification efforts (classes, referrals, monitoring, supervised visits); repeated failures by parents to remedy conditions | Court held ACCSB made reasonable and diligent efforts; finding supported by record |
| Whether Rebecca "continuously and repeatedly" failed to substantially remedy conditions that caused out-of-home placement (R.C. 2151.414(E)(1)) | Rebecca completed parenting classes, attended visitation, manages her own funds, and has cared for other children in past | Although classes were completed, Rebecca did not demonstrate learned skills in visits, required constant redirection, lacked stable/suitable housing (14 moves), lived in a smoker’s home, and could not meet B.S.’s medical needs | Court found by clear and convincing evidence Rebecca failed to substantially remedy the conditions; finding affirmed |
| Whether Rebecca’s cognitive/mental limitations make her unable to provide an adequate permanent home now or within one year (R.C. 2151.414(E)(2)) | Rebecca’s ability to manage funds and occasional caregiving show she can parent adequately | Psychological testing and expert deposition showed static developmental limitations, need for constant supervision, high risk for neglect/abuse, and that parental deficits were unlikely to improve sufficiently | Court held evidence supported finding under (E)(2); alternatively (E)(1) was sufficient, so (E)(2) was unnecessary to the outcome |
| Whether granting permanent custody was erroneous given best-interest considerations | (Not raised on appeal) | ACCSB presented foster placement stability, medical care provided by foster mother, and professional recommendations for custody | Court denied relief; judgment granting ACCSB permanent custody affirmed |
Key Cases Cited
- In re C.F., 113 Ohio St.3d 73 (Ohio 2007) (explains when trial court must make an explicit finding that the agency used reasonable efforts to reunify and describes the scope of reasonable-efforts inquiry)