In re H.D.
2014 Ohio 228
Ohio Ct. App.2014Background
- FCCS filed a custody complaint Aug 24, 2011, alleging neglect and dependency after H.D. was born July 3, 2011 with mother and child testing positive for methadone; Emergency Care Order granted FCCS temporary custody and supervised visits.
- Sept 29, 2011: trial court found H.D. dependent and approved FCCS temporary custody and adopted case plans.
- Case plan required father to provide basics, housing, employment, drug/alcohol treatment, clean screens, and domestic violence counseling.
- FCCS moved for permanent custody July 13, 2012; extended temporary commitment granted Aug 21, 2012 to allow completion of objectives.
- Dec 3, 2012: FCCS renewed permanent custody motion citing lack of progress by father; hearing held Mar 25 and Apr 9, 2013 with witnesses and GAL.
- June 11, 2013: magistrate granted permanent custody to FCCS; Aug 9, 2013: trial court adopted magistrate’s decision and terminated father’s rights; father appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody is in H.D.’s best interests. | FCCS contends R.C. 2151.414(B)(1)(d) (12 of 22 months) supports custody. | Father argues best interests not supported by clear and convincing evidence, particularly under 2151.414(E) analysis. | Yes; best interests supported; 12 of 22 months satisfied under (d); bond and visitation factors favor FCCS; judgment affirmed. |
Key Cases Cited
- In re J.T., 10th Dist. No. 11AP-1056, 2012-Ohio-2818 (2012) (standard of review for permanent custody findings; presumption in favor of trial court’s judgment)
- In re P.G., 10th Dist. No. 11AP-574, 2012-Ohio-469 (2012) (appellate deference to trial court’s factual determinations in custody matters)
- In re Brooks, 10th Dist. No. 04AP-164, 2004-Ohio-3887 (2004) (interpretation of evidence when multiple constructions are possible toward sustaining verdict)
- In re K.L., 10th Dist. No. 13AP-218, 2013-Ohio-3499 (2013) (clear and convincing standard; two-step best interest framework)
- In re Damron, 10th Dist. No. 03AP-419, 2003-Ohio-5810 (2003) (R.C. 2151.414(B)(1)(d) applicability when 12 of 22 months criterion is met)