In re J.A.
2017 Ohio 5848
| Ohio Ct. App. | 2017Background
- J.A., born June 21, 2013, tested positive for marijuana; within weeks she and siblings were removed from mother due to parental substance abuse and mental-health concerns.
- J.A. was placed with appellants (her foster parents) shortly after removal; her siblings were later placed with and legally adopted/guarded by the paternal aunt (Aunt).
- BCDJFS filed dependency proceedings; reunification was the initial plan but permanent custody was later withdrawn and competing motions for legal custody were filed by Aunt, Father, and appellants.
- The juvenile magistrate held an evidentiary hearing (witnesses included Aunt, appellants, father, GAL, BCDJFS workers, daycare director, and a forensic psychologist) and recommended legal custody to Aunt; the juvenile court adopted the magistrate’s decision.
- Appellants appealed, arguing (1) the court’s award of legal custody to Aunt was unsupported by the evidence/against the manifest weight of the evidence, and (2) the court erred in denying them visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether legal custody should be awarded to Aunt rather than appellants | Appellants: custody should be granted to them based on their long-term caregiving and bonded relationship with J.A. | Aunt/BCDJFS/Father: placement with Aunt is in J.A.’s best interest (sibling continuity, stability, family connection, Aunt’s fitness) | Court affirmed: no abuse of discretion; legal custody to Aunt was supported by the record and best-interest factors |
| Whether appellants are entitled to visitation after losing custody | Appellants: their bonded relationship with J.A. supports visitation rights | Aunt/BCDJFS: appellants lack statutory standing for visitation in these proceedings; visitation would disrupt stability and bonding in Aunt’s home | Court affirmed: appellants lack statutory standing to seek visitation here; even if they had standing, court did not abuse discretion in denying visitation |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328, 2012-Ohio-2179 (Ohio 2012) (standard for manifest-weight review; appellate deference to factfinder)