In re H.D.
2017 Ohio 1333
| Ohio Ct. App. | 2017Background
- Child H.D. born Dec. 25, 2014; tested positive for opiates, hydrocodone, tramadol; mother tested positive for cocaine and admitted alcohol use when visiting the hospital. WCCS placed H.D. in temporary custody Dec. 31, 2014.
- H.D. adjudicated abused and dependent on March 4, 2015; mother did not contest adjudication.
- WCCS moved for permanent custody June 29, 2016; hearing held Oct. 5, 2016. Mother admitted to ongoing substance abuse and mental health issues.
- Juvenile court granted permanent custody to WCCS on Oct. 11, 2016. Mother appealed, raising hearsay admissibility and a manifest-weight/best-interest challenge.
- Record shows mother admitted positive drug tests (claimed one was false positive), admitted abuse of prescribed stimulants, had unstable housing and criminal/mental-health incidents (including a SWAT incident and 72-hour hold), and had limited contact after visitation was suspended for missed drug screens.
Issues
| Issue | Mother's Argument | WCCS's Argument | Held |
|---|---|---|---|
| Admission of hearsay at permanent-custody hearing | Trial court erred by admitting hearsay (drug-screen results and out-of-court statements) and allowing supervisor to testify for caseworker | Any admitted statements were nonprejudicial, fell within nonhearsay or hearsay exceptions, and mother herself admitted much of the same facts | Court: No reversible error; even if some testimony was hearsay, mother was not prejudiced; overruled |
| Whether granting permanent custody was against manifest weight / not in child’s best interest | Permanent custody not in child’s best interest because mother had stable housing, completed case plan, completed services, and complied with treatment | Child bonded to foster family, mother continued substance abuse and mental-health issues, child had been in agency custody >12 months and was abandoned | Court: Sufficient credible evidence supported best-interest finding and decision was not against manifest weight; permanent custody affirmed |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (state must prove termination of parental rights by clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for reviewing manifest-weight claims)
- In re Schaefer, 111 Ohio St.3d 498 (Ohio 2006) (no single factor controls best-interest determination)