In re E.M.
2015 Ohio 5316
| Ohio Ct. App. | 2015Background
- CSB became involved after hospital concerns about hygiene, emotional well-being, and limited intellectual functioning in a homeless couple with E.M.
- E.M. was placed in foster care after the trial court found him dependent and granted temporary custody to CSB.
- Mother failed to engage with reunification services (housing, mental health, parenting, employment) and rarely visited E.M.
- Mother moved to Oklahoma with a new partner in October 2014 while E.M. remained in Ohio foster care; the move was not clearly communicated to CSB.
- Permanent custody hearings led to CSB being granted permanent custody in April 2014; this Court reversed in February 2015 for lack of clear and convincing evidence of abandonment.
- Mother appeals the trial court’s three findings under the first prong of the permanent custody test and the best-interest determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment finding | Mother argues E.M. was not abandoned. | CSB contends abandonment supports a first-prong finding. | First prong satisfied via alternative finding of lack of commitment. |
| Placement within a reasonable time or contrary to best interests under first prong | Mother asserts conditions could be remedied and placement timely. | CSB argues conditions not remedied and commitment lacking. | First prong met by alternative finding; substantial evidence supports lack of commitment. |
| Best interests of E.M. | Mother contends best interests not served by permanent custody. | CSB argues permanent custody best serves E.M. given bond to foster parents and lack of viable relatives. | Trial court’s best-interest determination supported by the evidence. |
Key Cases Cited
- In re E.M., 2015-Ohio-641 (9th Dist. Wayne No. 14AP0030 (2015)) (reversed for inadequate abandonment evidence)
- Holcomb, 18 Ohio St.3d 361 (1985) (clear-and-convincing standard for permanency proceedings)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (standard for factual proof in Ohio)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (manifestWeight standard in appellate review)