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2023 Ohio 1376
Ohio Ct. App.
2023
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Background

  • E.J. was born March 2021 and removed from Mother (M.J.) at birth because of safety concerns; the child remained with the same foster family from removal through trial.
  • CCDCFS developed a reunification-focused case plan for Mother requiring mental‑health treatment, substance‑abuse treatment, and parenting services.
  • Mother repeatedly refused meaningful engagement: she refused drug screens, insisted on continued marijuana use, rejected prescribed medication, had repeated mental‑health crises (suicidal threats, erratic and violent behavior), and was removed from visits/court for disruptive conduct.
  • Maternal grandmother initially declined placement, later expressed willingness but had inconsistent visitation, transportation limitations, and undeveloped safety plans.
  • CCDCFS moved for permanent custody (filed Feb 2022); juvenile court (Nov 2022) denied Mother’s request for legal custody to grandmother, terminated Mother’s parental rights, and awarded permanent custody to CCDCFS. The court of appeals affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether termination/permanent custody was proper (constitutional/weight challenge) Mother: termination was unconstitutional as applied; she was fit and grandmother was willing to keep child in family CCDCFS: clear and convincing evidence under R.C. 2151.414(E) showed Mother failed to remedy removal conditions, had chronic mental‑health/substance issues, lack of commitment, and could not safely parent Affirmed: juvenile court’s permanent‑custody order supported by clear and convincing evidence and not against the manifest weight of the evidence
Whether legal custody should be awarded to maternal grandmother Mother: grandmother was a willing, fit relative and legal custody would preserve family placement CCDCFS: grandmother initially declined, later showed inconsistent commitment/visitation and inadequate planning; legal custody is a permanent status not a delay mechanism Affirmed: trial court did not abuse discretion in denying legal custody to grandmother
Whether the court erred by not appointing a psychiatric expert Mother: expert testimony was needed given mental‑health issues CCDCFS: expert not required where mental health is not the sole determinative factor and court relied on extensive lay testimony and records Held: no error; appointment not required under circumstances
Whether the court needed a separate unsuitability finding before awarding permanent custody Mother: court failed to explicitly find her unsuitable CCDCFS: dependency adjudication implicitly includes parental unsuitability Held: no separate unsuitability finding required; dependency finding sufficed

Key Cases Cited

  • Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest‑weight review)
  • Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
  • In re K.H., 119 Ohio St.3d 538 (2008) (clarifying clear‑and‑convincing standard in child‑custody context)
  • In re C.R., 108 Ohio St.3d 369 (2006) (dependency adjudication implicitly involves parental unsuitability)
  • In re Schaefer, 111 Ohio St.3d 498 (2006) (no single best‑interest factor controls)
  • Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to the factfinder’s credibility determinations)
Read the full case

Case Details

Case Name: In re E.J.
Court Name: Ohio Court of Appeals
Date Published: Apr 27, 2023
Citations: 2023 Ohio 1376; 112209
Docket Number: 112209
Court Abbreviation: Ohio Ct. App.
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