In re G.W.
2019 Ohio 1586
Ohio Ct. App.2019Background
- Child G.W., born July 29, 2017, has serious neurological impairments requiring ongoing medical care; removed from mother two weeks after birth and placed in foster care with his two older siblings.
- Butler County Children Services (BCCS) obtained emergency temporary custody, and the juvenile court adjudicated G.W. dependent and placed him in BCCS temporary custody; a reunification case plan required mother to address mental-health, substance-abuse, housing, and employment issues.
- Mother has a longstanding history of mental-health diagnoses, substance issues, unstable housing, reliance on abusive partners for support, and prior supervised-visitation-only status with all three children.
- During the case mother inconsistently attended supervised visits, missed G.W.’s medical appointments, tested positive twice for marijuana, and failed to re-engage in recommended mental-health/substance-abuse treatment.
- BCCS moved for permanent custody; the juvenile court (magistrate) granted the motion and the trial court adopted that decision; mother appealed arguing insufficient evidence and manifest-weight error.
- Appellate court affirmed: found clear-and-convincing evidence supported that (1) G.W. could not be placed with mother within a reasonable time (R.C. 2151.414(B)(1)), including application of R.C. 2151.414(E)(11) because mother’s parental rights to two siblings had been involuntarily terminated, and (2) permanent custody was in G.W.’s best interest under R.C. 2151.414(D).
Issues
| Issue | Mother’s Argument | BCCS’s Argument | Held |
|---|---|---|---|
| Whether the juvenile court erred in granting permanent custody (insufficient evidence / against manifest weight) — including whether G.W. could be placed with Mother within a reasonable time and whether permanent custody is in child’s best interest | Mother argued she had participated in case-plan services, loves her son, could be reunified within a few months, and the court should allow more time | BCCS argued mother failed to remedy removal conditions (mental-health/substance-abuse, housing, income), had inconsistent visitation, missed medical appointments, and had prior involuntary termination of parental rights to siblings (R.C. 2151.414(E)(11)) | Affirmed. Evidence was clear-and-convincing and not against manifest weight: G.W. could not be placed with Mother within a reasonable time, R.C. 2151.414(E)(11) applied, and permanent custody was in G.W.’s best interest |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (standard: state must prove termination standards by clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (standard for manifest-weight review and appellate deference to factfinder)
- In re Schaefer, 111 Ohio St.3d 498 (best-interest factors are not ranked; court must consider R.C. 2151.414(D) factors)