2011 Ohio 2158
Ohio Ct. App.2011Background
- Mother appeals permanent custody rulings for G.S., J.S., and D.F.; CCDCFS sought permanent custody alleging neglect and dependency; amended the complaint at trial; Mother admitted to amended allegations; multiple prior placements due to maternal substance abuse; Father Gregory was not served in the usual way for D.F., but appeared and was represented at hearings; court found clear and convincing evidence of neglect/dependency and granted permanent custody to CCDCFS; dispositional findings included Mother's ongoing substance abuse, multiple relapses, and lack of stable home; Gregory had limited involvement and failed to maintain visits or treatment; court considered best interests and concluded placement with Mother or Gregory not feasible within a reasonable time; final order affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service on Gregory and due process for adjudicatory hearing | Mother argues Gregory was not properly served | Gregory waived and appeared; service defect immaterial | Waived; no prejudice shown; assignment overruled |
| Waiver of 90-day time limit under R.C. 2151.35(B)(1) | Mother contends waiver invalid without all fathers’ waivers | Gregory implicitly waived; waiver valid | Waiver valid; assignment overruled |
| Sufficiency of evidence for permanent custody; best interests | CCDCFS argues evidence shows cannot be safely returned | Mother argues potential for placement; but evidence supports risk | Supported by clear and convincing evidence; permanent custody affirmed |
Key Cases Cited
- In re B.E., 102 Ohio St.3d 388 (2004-Ohio-3361) (juvenile-recording requirement; remand where incomplete record)
- In re C.F., 113 Ohio St.3d 73 (2007-Ohio-1104) (factors for permanent custody include inability to provide permanent home)
- In re Hiatt, 86 Ohio App.3d 716 (1993) (prejudice standard for challenging service on non-appealing party)