2018 Ohio 4385
Ohio Ct. App.2018Background
- FCCS filed neglect and dependency complaint (Nov. 22, 2016) after reports of children unsupervised and the parents' home found to be hazardous, filthy, and infested.
- B.S., age 22 months at filing, was temporarily removed and placed in foster care; later adjudicated dependent and has thrived in foster placement.
- Case plan required mental‑health assessment, parenting education, and demonstrable ability to maintain a clean, safe home; parents completed some tasks but repeatedly failed to maintain sanitary and safe conditions.
- Unannounced FCCS visits in Jan–Mar 2018 documented ongoing hazards: disconnected electricity, animal feces and urine smeared on floors, trash, burning incense stuck in drywall, broken/unprotected stairs, and child’s bed next to dog crate.
- FCCS moved for permanent custody after B.S. had been in temporary custody for 12 of the prior 22 months; juvenile court granted permanent custody to FCCS and parents appealed, claiming insufficient evidence and manifest‑weight error.
Issues
| Issue | Plaintiffs' Argument (Mother/Father) | Defendant's Argument (FCCS) | Held |
|---|---|---|---|
| Whether permanent custody was supported by clear and convincing evidence and not against the manifest weight of the evidence | Parents: court lacked clear and convincing proof that permanent custody was in child’s best interest | FCCS: child had been in agency custody 12 of 22 months and parents repeatedly failed to provide safe, sanitary home; foster placement met child’s needs | Affirmed: court found clear and convincing evidence favoring permanent custody in child’s best interest |
| Whether parents remedied home conditions and could provide a legally secure placement | Parents: primary problems were caused by pets and have been fixed (animals kept outside); parents bonded with child and made progress on plan | FCCS: repeated documentation showing persistent unsanitary and unsafe conditions despite opportunities and assistance | Affirmed: court found parents did not demonstrate ability/willingness to maintain safe, appropriate residence; child needs legally secure placement |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (1982) (state must prove by clear and convincing evidence before terminating parental rights)