2020 Ohio 4082
Ohio Ct. App.2020Background
- SCDJFS removed three children in June 2018; Mother stipulated to dependency and children were placed in SCDJFS temporary custody.
- Mother had a long history of methamphetamine use, multiple residential/inpatient treatment admissions, repeated relapses, and missed/positive drug screens throughout 2018–2019.
- Mother’s case plan required substance-abuse treatment, mental-health services, probation compliance, stable housing and employment; she failed to complete treatment and had unstable housing/employment.
- Children were placed in foster homes; Child 1 moved placements but was bonded to his foster family; Child 2 and Child 3 remained together and were bonded to their foster family.
- SCDJFS moved for permanent custody in November 2019; the guardian ad litem recommended permanent custody; the juvenile court granted permanent custody to SCDJFS on findings Mother could not remedy conditions and permanent custody was in the children’s best interest.
- Mother appealed, arguing (1) the court erred by not appointing independent counsel for Child 1 and (2) the permanent-custody decision was against the manifest weight and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument (SCDJFS) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether the court was required to appoint independent counsel for Child 1 because Child 1’s wishes conflicted with the GAL | No appointment required—record contains only the caseworker’s statement that Child 1 "would like" to return; no evidence of repeated, strong, inconsistent statements by the child | Appointment required under In re Williams when a child’s expressed wishes conflict with the GAL’s recommendation | No independent counsel required; no “certain circumstances” (e.g., consistent, repeated, strong contrary statements) shown |
| Whether the juvenile court’s grant of permanent custody was against the manifest weight/sufficiency of the evidence | Clear-and-convincing evidence supports permanent custody: Mother’s chronic substance abuse, treatment failures, positive/missed drug tests, unstable housing/employment, and children’s foster bonds show children cannot be placed with Mother within a reasonable time and permanent custody is in their best interests | Trial court erred; Mother had some compliance and employment and Child 1 wanted to return, so evidence was insufficient | Affirmed: competent, credible evidence supports the court’s findings that children could not/should not be placed with Mother and that permanent custody was in their best interests |
Key Cases Cited
- In re Williams, 101 Ohio St.3d 398, 805 N.E.2d 1110 (Ohio 2004) (child entitled to independent counsel in TPR proceedings only in "certain circumstances," including when GAL-as-attorney recommends a disposition that conflicts with the juvenile's wishes)
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279 (Ohio 1978) (standard for manifest-weight review: appellate court will not reverse judgment supported by competent, credible evidence)
- In re N.P., 65 N.E.3d 319 (Ohio Ct. App. 2016) (occasional or immature expressions of desire to be with a parent do not automatically require appointment of counsel for the child)