2015 Ohio 5041
Ohio Ct. App.2015Background
- Mother (Terry T.) is biological mother of five children; appeal concerns three: D.T. (b.1998), J.T. (b.1999), R.T. (b.2003).
- Lorain County Children Services (LCCS) filed dependency/neglect actions in 2012 based on Mother's mental health, substance history, and domestic violence; children were eventually removed after Mother refused case-plan mental-health and drug treatment.
- Case plans required psychiatric/psychological evaluation and treatment; Mother began but did not complete evaluations and repeatedly refused consistent mental-health care or medication adherence.
- Mother’s supervised visits were terminated per an amended case plan; months later she was involuntarily hospitalized for psychosis, briefly improved on medication but failed to follow up and stopped treatment.
- LCCS moved to place D.T. with paternal grandparents and J.T. and R.T. with a maternal aunt; the juvenile court granted legal custody to those relatives, finding it in the children’s best interests.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS) | Held |
|---|---|---|---|
| Whether granting legal custody to relatives was an abuse of discretion / against manifest weight | Mother argued the children wanted to return to her and she was denied sufficient opportunity to maintain relationship due to termination of visits | LCCS argued Mother’s untreated, unstable mental health made her unable to provide a stable, permanent home despite children's wishes; relatives provided structured, permanent placements | Court held no abuse of discretion; legal custody to relatives was in children’s best interests |
Key Cases Cited
- In re D.R., 153 Ohio App.3d 156 (Ohio Ct. App.) (best-interest inquiry governs custody decisions after adjudication)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard defined)