In re D.G.
2012 Ohio 1818
Ohio Ct. App.2012Background
- D.G. is a medically fragile child with Lowe syndrome; he was removed from Mother’s custody after CSB found she was unprepared to meet his medical needs.
- A.B. is not at issue; Father relinquished his parental rights to D.G. and is not a party on appeal.
- CSB pursued a permanent custody action after D.G. spent over 12 of the prior 22 months in CSB custody.
- Mother frequently failed to attend D.G.’s medical appointments and visits, hindering care and bonding.
- The foster mother provides specialized care and seeks to adopt if permanent custody to CSB is granted.
- A guardian ad litem recommended permanent custody to CSB, noting lack of bond and D.G.’s thriving condition in foster care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mother was properly served for the permanent custody hearing | G. was not properly served under R.C. 2151.29 | Mother was served through counsel; Juv.R. 20(B) allows service on attorney | Service through counsel satisfied personal jurisdiction; assignment overruled. |
| Whether permanent custody decision was supported by clear and convincing evidence and in D.G.’s best interests | CSB proved D.G. should have a legally secure permanent placement | Mother’s lack of involvement undermined bond and care; best interests favored CSB | Permanent custody to CSB affirmed; not against the manifest weight. |
Key Cases Cited
- In re S.S., 2010-Ohio-6374 (9th Dist. 2010) (vacated where proper notice was not shown; discussion of service via counsel)
- In re William S., 75 Ohio St.3d 95 (Ohio 1996) (best interests and evidentiary standards for permanent custody)
- Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest weight review standard for juvenile proceedings)