2020 Ohio 4025
Ohio Ct. App.2020Background
- Emergency removal of two children on Jan. 11, 2018 after Mother tested positive prenatally for opioids and home concerns; LCJFS filed dependency complaints July 12, 2018.
- Father (Robinson) diagnosed with schizophrenia and bipolar disorder, untreated, completed a psychological evaluation but did not follow recommended counseling or medication; father stopped visiting children after Jan. 4, 2019.
- Home visits revealed unsanitary conditions, multiple animals, lack of furnished children’s room or clothing; parents repeatedly cancelled visits and refused some inspections.
- Children placed together in foster care; both have developmental needs and receive services; foster parents wish to adopt.
- Magistrate recommended termination of parental rights and permanent custody to LCJFS (Sept. 27, 2019); trial court adopted magistrate’s decision (Feb. 5, 2020). Father appealed raising three assignments of error (jurisdiction/service to Roger Collier; insufficiency of clear-and-convincing evidence for permanent custody; LCJFS failed to make reasonable reunification efforts).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction/service to legal father (Collier) | Robinson: Court lacked jurisdiction because LCJFS did not serve Collier with the permanent-custody motion and Collier was dismissed March 6, 2018. | LCJFS: Service to Collier is a personal defect for Collier to raise; Robinson lacks standing and failed to timely object/appeal dismissal (waiver). | Court: Overruled — Robinson lacks standing to challenge Collier’s service and waived objection by not appealing magistrate’s dismissal. |
| Sufficiency of evidence for permanent custody (cannot/should not be placed with parent; best interest) | Robinson: LCJFS did not prove by clear and convincing evidence children could not be placed with him within a reasonable time or that termination was in their best interest. | LCJFS: Father failed to complete case plan, untreated mental illness, ceased visits, unsafe/home concerns, children bonded with foster parents and improved in care. | Court: Affirmed — clear and convincing evidence supports permanent custody to LCJFS. |
| Reasonable efforts to reunify; consideration of father’s mental health; investigation of relatives/Collier | Robinson: LCJFS did not account for his mental health needs in the case plan, failed to pursue reunification with Collier, and failed to investigate relatives. | LCJFS: Made reasonable efforts (provided referrals, informed father of evaluation results); Collier is not biological father and was dismissed; no relatives identified or seeking placement. | Court: Affirmed — LCJFS made reasonable reunification efforts; dismissal of Collier relieved LCJFS of pursuing him. |
Key Cases Cited
- In re: Love, 19 Ohio St.2d 111 (Ohio 1969) (only an aggrieved party may appeal; standing to challenge errors)
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279 (Ohio 1978) (standard for reviewing manifest-weight of the evidence)