In re C.G.
2014 Ohio 279
Ohio Ct. App.2014Background
- Parents (Mother A.H. and Father J.G.) have three children removed after living in unsanitary, unsafe conditions (infestation, excessive animals, children dirty/malnourished); children were in agency custody over 12 of 22 consecutive months.
- FCCS developed a case plan: psychological evaluation and medication compliance, individual counseling, parenting classes and demonstrated skills, stable housing/employment, and limits on pets; Mother made only limited progress.
- Mother attended parenting classes and some counseling but missed sessions, did not consistently follow psychiatric treatment, and failed to demonstrate safe, engaged parenting during visits; household safety/cleanliness issues and volatile relationship with maternal grandmother persisted.
- Children were placed with the same foster family since October 2011; foster parents cared for developmental needs and expressed desire to adopt; children showed improvement in foster care and stronger bonds with foster parents (one child expressed wish to remain).
- Trial court granted FCCS permanent custody; Mother appealed, arguing insufficient and against-manifest-weight evidence that termination was in the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence established that awarding permanent custody to FCCS was in the children’s best interests | Mother: her domestic situation improved after Father left and she made recent progress; court should delay or dismiss to allow more time for reunification | FCCS: Mother failed to complete case plan over a multi-year period; children need legally secure, permanent placement now | Held: Affirmed. Court found clear and convincing evidence that termination was in children’s best interests; Mother’s limited recent progress did not outweigh long-term failures |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parental right to make decisions for children is fundamental)
- In re C.F., 113 Ohio St.3d 73 (2007) (discusses fundamental parental rights)
- In re Hayes, 79 Ohio St.3d 46 (1997) (describes termination of parental rights as drastic remedy)
- In re Schaefer, 111 Ohio St.3d 498 (2006) (statutory best-interest factors carry no single weight over others)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing manifest-weight and sufficiency of evidence)