2025 Ohio 282
Ohio Ct. App.2025Background
- Franklin County Children Services (FCCS) sought permanent custody of C.W. III (born July 2020) after both mother (G.R.) and child tested positive for cocaine, benzodiazepines, and fentanyl at birth.
- Mother had three other children not in her care; two were already in the permanent custody of FCCS and another placed with a relative due to issues including substance abuse and instability.
- Both parents failed to comply consistently with their case plans (required drug/alcohol assessments, stable housing, employment, consistent visitation); father had periods of abandonment and mother did not maintain contact and missed numerous visits.
- C.W. III was placed in a foster-to-adopt home, became closely bonded with foster caregivers, and had ongoing special medical needs.
- Trial court denied another continuance request from mother and awarded permanent custody to FCCS after a multi-day trial, terminating both parents’ rights.
- Parents appealed, arguing errors regarding the guardian ad litem’s investigation, the denial of a continuance, and sufficiency of the evidence to support termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Guardian ad litem (GAL) compliance with duties | Mother: GAL failed to properly observe/interview, violating Sup.R. 48.03(D); court erred in relying on GAL report/testimony | FCCS: GAL made reasonable efforts; lack of contact due to mother's non-cooperation; other duties fulfilled | No plain error; GAL performed duties reasonably; reliance on report/testimony permitted |
| Denial of continuance at trial | Mother: Court should have granted more time to work case plan with new caseworker | FCCS: Multiple previous continuances granted; further delay harms child’s interest in stability | No abuse of discretion; further delay unwarranted |
| Manifest weight of evidence—best interest of child | Father: Insufficient evidence to support PCC; child should not be removed | FCCS: Clear and convincing evidence supports PCC; parents failed to remedy causes of removal; child bonded to foster parents | PCC affirmed; manifest weight supports trial court |
Key Cases Cited
- In re B.C., 141 Ohio St.3d 55 (Ohio 2014) (recognizing parents' fundamental rights, but subject to child welfare)
- In re Cunningham, 59 Ohio St.2d 100 (Ohio 1979) (ultimate welfare of child may override parental rights)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (clear and convincing evidence standard definition)
- In re Schaefer, 111 Ohio St.3d 498 (Ohio 2006) (permanent custody best interest factors are not weighted)