2014 Ohio 3476
Ohio Ct. App.2014Background
- G.D. twins born January 23, 2013; removed from parents’ custody; mother not a party on appeal.
- CSB filed for permanent custody on August 2, 2013, alleging multiple grounds under R.C. 2151.414(E).
- Adjudicatory hearing found the children dependent; Father was incarcerated; case plan not adopted by court.
- Temporary custody placed with CSB; mother stipulated to dependency; Father’s case plan objectives were removed due to extradition.
- CSB presented limited evidence at the permanent custody hearing, including an uncertified Florida judgment not admitted into evidence.
- Appellate court reversed because CSB failed to prove any R.C. 2151.414(E) ground by clear and convincing evidence; remanded for new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSB proved, by clear and convincing evidence, that termination was warranted under 2151.414(E). | CSB argues Father failed to remedy removal conditions, showed lack of commitment, and was incarcerated for offenses against a sibling. | Father contends there was no court-ordered reunification plan, and no evidence he could or did fail to remedy conditions or commit, or that offenses involved a sibling were proven. | Reversed and remanded for a new hearing; CSB failed to prove any 2151.414(E) ground by clear and convincing evidence. |
Key Cases Cited
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (clear and convincing standard; definition; dependency removals)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (standard for appellate review; manifest weight vs. sufficient evidence)
- In re T.K., 2008-Ohio-1687 (9th Dist. Summit) (incarceration and case plan considerations; lack of reunification plan impact)
- In re D.K., 2013-Ohio-3513 (9th Dist. Summit) (required reasonable case planning and agency efforts; parental compliance)
- In re T.R., 2010-Ohio-2431 (9th Dist. Summit) (record-based review; agency burden to prove grounds; limited record impact)
- In re O.H., 2011-Ohio-5632 (9th Dist. Summit) (guardian ad litem evidentiary limits; reliance on first-hand knowledge)