2020 Ohio 3444
Ohio Ct. App.2020Background
- HCJFS filed for temporary custody in July 2017 after the children (B.H., D.J., N.J., and later T.J.) were found unsupervised; children adjudicated dependent (D.J. and N.J. also adjudicated abused/neglected).
- Case plan required parental assessments, toxicology, parenting classes, stable housing/income; parents were noncompliant (mother had sporadic visitation and limited progress; father established paternity but never engaged).
- HCJFS moved for permanent custody in May 2018; paternal grandmother (living in Illinois) moved for legal custody and underwent ICPC home studies and foster training; initial ICPC had concerns (father/boyfriend criminal histories, transportation, limited visitation/bonding).
- At a two-day hearing, HCJFS caseworker testified children were bonded to foster families (who wished to adopt), had varying medical/behavioral needs, and that grandmother had limited contact and credibility concerns; GAL recommended permanent custody.
- Magistrate denied grandmother’s legal-custody petition and granted permanent custody to HCJFS; grandmother submitted supplemental evidence (Illinois foster license, approved ICPC) but magistrate and trial court still found grandmother not credible and affirmed permanent custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court failed to consider the children’s wishes and erred by not appointing independent counsel | Grandmother: court ignored B.H.’s (≈6 y/o) wishes and should have considered appointing independent counsel if wishes conflicted with GAL | Children were too young to express wishes; GAL spoke for them and advocated permanent custody; no conflict existed to trigger independent counsel | No error. Court found children too young; GAL’s recommendation considered; independent counsel not required |
| Whether granting permanent custody to HCJFS (instead of legal custody to grandmother) was supported by sufficient evidence and not against manifest weight | Grandmother: supplemental evidence (approved ICPC and Illinois foster license) and prior caregiving show she is a suitable legal custodian; trial court abused discretion | HCJFS: clear-and-convincing evidence supports permanent custody—parents noncompliant, strong foster bonds, children’s need for legally secure placement, grandmother lacked bond and credibility | Affirmed. Permanent custody supported by clear-and-convincing evidence; denial of legal custody not an abuse of discretion |
Key Cases Cited
- In re Williams, 101 Ohio St.3d 398, 805 N.E.2d 1110 (Ohio 2004) (child entitled to independent counsel when child’s custodial wishes conflict with guardian ad litem)
- In re K.H., 119 Ohio St.3d 538, 895 N.E.2d 809 (Ohio 2008) (sets out the clear-and-convincing evidence standard used in parental-rights and permanent-custody determinations)