In re F.B.D., 2019 Ohio 2562

HCJFS filed for temporary custody of F.B.D. in June 2014 after allegations of neglect and dependency related to home conditions and domestic violence; children were adjudicated dependent and neglected.
Father was initially awarded legal custody in February 2016 after regular visitation and caseworker approval of his home.
Mother regained custody of several half-siblings in July 2016 after completing services; in December 2016 F.B.D. was placed with mother on a safety plan after father left her with a caregiver who the child later alleged hit her.
HCJFS filed an amended complaint; interim custody was granted to mother and F.B.D. was adjudicated dependent in September 2017; dispositional hearings ran Nov. 2017–Jan. 2018.
HCJFS and the guardian ad litem supported awarding legal custody to mother; the caseworker testified F.B.D. thrived academically and behaviorally with mother, and that father sometimes leaves for months to work away from home and continued to use the caregiver the child feared.
The magistrate granted legal custody to mother; the trial court adopted that decision. Father appealed, arguing failure to require a reunification plan and insufficient evidence to remove custody from him.

Issue	Father's Argument	HCJFS/Mother's Argument	Held
Whether the court erred by not requiring a reunification plan before awarding custody	Court abused discretion by not requiring HCJFS to provide a reunification plan	No reversible error; substantive best-interest factors control	No error; father failed to develop argument and court considered best interests
Whether court erred in removing child from father’s custody when insufficient evidence supported doing so	Removal was unsupported; father capable and able to provide	Child’s safety, improved functioning with mother, and father’s absences supported transfer	No abuse of discretion; evidence supported award to mother

No officially reported (reporter) cases are cited in the opinion.