2018 Ohio 1606
Ohio Ct. App.2018Background
- Child G.L.S. born Sept. 29, 2016; Summit County Children Services Board (CSB) removed the child at birth and placed her in temporary custody due to parents' prior involuntary terminations to older siblings.
- Parents previously lost parental rights to multiple older children based on abuse/neglect and unresolved mental-health/substance issues; those prior terminations were affirmed on appeal.
- CSB adopted a reunification case plan requiring mental-health and substance-abuse assessments and compliance; Father’s visitation was suspended after he threatened staff and refused to attend anger counseling.
- CSB filed for permanent custody and separately sought a reasonable-efforts bypass based on the parents’ prior terminations; an initial permanent-custody hearing resulted in denial (court found parents needed more time) but the court also (inconsistently) entered an order referencing a reasonable-efforts bypass.
- CSB renewed its permanent-custody motion; after an October 2017 hearing the juvenile court granted permanent custody to CSB. Parents appealed raising due-process, evidentiary, and sufficiency/manifest-weight challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suspending Father's visitation without a separate hearing violated due process | Father: suspension without hearing violated federal and state due process rights | CSB: suspension was warranted by Father's threats; parents forfeited challenge by not timely objecting | Forfeiture/plain-error: parents failed to preserve claim; no plain error shown; claim overruled |
| Whether the court improperly granted a reasonable-efforts bypass without notice/hearing/written findings | Mother/Father: bypass order issued without timely notice, opportunity to defend, or written findings; violated R.C. 2151.419 and due process | CSB: prior involuntary terminations conclusively support bypass; agency nonetheless continued services; parents forfeited challenge | Forfeiture/plain-error: issue not preserved; statutory basis (prior terminations) justified bypass; claim overruled |
| Whether the court erred by considering evidence that arose after CSB filed for permanent custody | Mother: agency may not rely on post-filing facts to establish permanent-custody grounds | CSB: best-interest analysis may consider post-filing developments; first-prong grounds alleged existed at filing | Court: facts establishing statutory first-prong existed at filing; best-interest inquiry appropriately included post-filing evidence; claim overruled |
| Whether the court’s termination of parental rights was supported by clear and convincing evidence / against manifest weight | Parents: not given sufficient time to comply; insufficient evidence to rebut presumption from prior terminations | CSB: parents failed to rebut presumption under R.C. 2151.414(E)(11); parents did not present evidence of ability to provide legally secure placement; child was bonded to foster family | Judgment affirmed: clear and convincing evidence supported at least one statutory ground (prior terminations and failure to remedy conditions) and permanent custody was in child's best interest |
Key Cases Cited
- In re C.W., 104 Ohio St.3d 163 (discusses limits on relying on post-filing delay for time-based permanent-custody ground)
- In re William S., 75 Ohio St.3d 95 (sets forth juvenile-court standard for terminating parental rights; clear-and-convincing requirement)
- In re J.A., 107 A.3d 799 (explains that best-interest is a fluid, fact-sensitive inquiry allowing consideration of post-filing changes)