In re J.C.
2017 Ohio 7149
Ohio Ct. App. 9th2017Background
- Mother (K.C.) has cognitive delays; CSB filed neglect/dependency complaints in June 2014 and the children were placed in temporary custody.
- Mother received case-plan services and in-home assistance intermittently for ~2+ years but did not consistently follow through and was terminated from some services after missed appointments.
- CSB sought permanent custody in May 2016; Mother sought legal custody. Visitation had been supervised; CSB moved visits to a visitation center due to lack of an in-home supervisor.
- A maternal aunt (Aunt), who had long-standing involvement and CSB approval for kinship placement, petitioned for legal custody and provided overnight visits and a stable home.
- The juvenile court granted legal custody to Aunt (denying both CSB’s permanent-custody request and Mother’s legal-custody request for herself). Mother appealed; appeal as to oldest child (J.C.) dismissed after child’s death; appeal proceeds as to two younger children (T.C. and A.C.).
Issues
| Issue | Mother’s Argument | CSB / Aunt’s Argument | Held |
|---|---|---|---|
| Whether CSB failed to make reasonable reunification efforts | CSB did not use reasonable efforts to reunite Mother with children | CSB provided >2 years of case-planning and reasonable efforts; Mother did not consistently engage | Finding of reasonable efforts stands; assignment overruled |
| Whether legal custody to Aunt was supported by clear-and-convincing evidence / against manifest weight | Mother claimed she made substantial progress and could parent if given custody | Aunt offered stable, approved kinship placement; supervisors and GAL testified Mother lacked independent parenting ability | Trial court’s grant of legal custody to Aunt affirmed as in children’s best interest |
| Whether Mother’s case-plan progress required reversal | Mother emphasized partial improvements and in-home cleanliness with provider help | Court considered sporadic participation, missed assessments, poor follow-through, and incidents showing poor judgment | Mother’s sporadic progress insufficient; not dispositive; custody to Aunt appropriate |
| Whether visitation placement/supervision rulings were erroneous | Mother wanted expanded/unsupervised visits and home visits | CSB moved visits to center given loss of in-home supervisor and ongoing need for monitoring | Court upheld relocation and supervised visitation as reasonable given Mother’s limitations |
Key Cases Cited
- No key authorities with official reporter citations appear in the opinion.