2013 Ohio 5871
Ohio Ct. App.2013Background
- Two children, H.C. (b. 2010) and B.C. (b. 2011), with Amber C. and Steven C. as biological parents; parents never married but long-term relationship.
- Initial 2011 complaints alleged dependency due to domestic violence in the home, leading to arrest of both parents.
- Court found dependency and placed children in appellant's temporary custody under protective supervision; case plan required counseling, stable housing, GED, and other reforms.
- March 2, 2012 shelter-care hearing; extended custody due to past drug use and domestic violence, minimal progress on case plans, and unsafe environment.
- October 15, 2012 and May 9, 2013 proceedings sought permanent custody; court found 12+ months in agency temporary custody within a 22-month period and near completion of plans, ultimately granting permanent custody to the agency.
- Guardian ad litem and social services noted ongoing parental issues, including substance abuse, domestic violence, criminal activity, and lack of legally secure placement for the children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice requirements for permanent custody motion | Notice insufficient under RC 2151.414 | Notice defects waived; appellant aware of proceedings | Not meritorious; notice defect waived and moot |
| Whether D(2) or D(1) governs the best interests | Court should apply D(2) only if conditions met | Court applied both; D(2) dictates result if conditions met | Court erred by applying D(2) given insufficient custody period; nonetheless D(1) supports results |
| Sufficiency of evidence supporting best interests findings | Evidence insufficient to override parental efforts | Clear and convincing evidence supports best interests | Court's findings under D(1) are supported; judgment affirmed |
Key Cases Cited
- In re Murray, 52 Ohio St.3d 155 (Ohio 1990) (civil right to raise children is fundamental; termination as last resort)
- In re Sims, 2002-Ohio-3458 (7th Dist. 2002) (abuse of discretion standard in parental-rights termination)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion involves more than error; arbitrariness)
- In re K.H., 2010-Ohio-1609 (2d Dist. 2010) (two-part best-interest analysis (D)(1) weighing if D(2) conditions fail))
- In re M.K., 2010-Ohio-2194 (10th Dist. 2010) (discusses when to apply D(1) vs D(2) in permanent custody)