2016 Ohio 659
Ohio Ct. App.2016Background
- Mother has eight children and had previously lost custody of several; this case involves son J.D. (b. 1999) and infant daughter I.K. (b. 2014).
- HCJFS removed J.D. in 2010 for neglect (missed appointments, school nonattendance, failure to medicate, and a belt-chasing incident) and took I.K. into custody at birth.
- Mother’s case plan required parenting classes, random drug screens, substance-abuse treatment and therapy, psychiatric evaluation, supervised visits, family therapy, and stable housing; she made limited but inconsistent progress.
- The magistrate awarded permanent custody of I.K. to HCJFS but denied it for J.D.; the juvenile court adopted the magistrate’s analysis for I.K. and also awarded permanent custody of J.D. to HCJFS on objections.
- Mother and J.D. appealed, arguing the trial court’s termination decision was against the weight of the evidence and not in J.D.’s best interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of mother’s parental rights was against the weight of the evidence | Mother: court erred; evidence did not support termination | HCJFS: record showed persistent failures and unsafe parenting; termination supported | Court: not against the manifest weight; affirmed termination |
| Whether termination was in J.D.’s best interest | J.D./Mother: termination was not in his best interest | HCJFS: J.D. had been out of home long, mother unable to meet his special needs | Court: best-interest factors favor permanent custody to HCJFS |
| Whether statutory ground in former R.C. 2151.414(B)(1)(d) (12-of-22 months) applied to J.D. | Mother: challenges application | HCJFS: J.D. had been in agency custody more than 12 of 22 months | Court: 12-of-22 criterion met for J.D. |
| Whether statutory ground in former R.C. 2151.414(B)(1)(a) (cannot be placed with parent in reasonable time) applied to I.K. | Mother: challenges placement finding | HCJFS: mother failed to remedy conditions; father unknown | Court: (E)(1) factor satisfied; I.K. could not be placed with parent in reasonable time |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (standard for reviewing manifest weight of the evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328, 972 N.E.2d 517 (2012) (presumption in favor of the factfinder in weight-of-the-evidence review)
- In re Schaefer, 111 Ohio St.3d 498, 857 N.E.2d 532 (2006) (two-part test for permanent custody under R.C. 2151.414)