In re J.K.
2012 Ohio 214
Ohio Ct. App.2012Background
- J.K. (born Oct. 18, 2000) was adjudicated dependent and placed with foster care; JFS-CSED sought permanent custody after years in care.
- PPLA was in place since 2006 with the child in a stable foster home; the child bonded with foster parents who wished to adopt.
- Mother G.K. appealed from a trial court judgment awarding permanent custody to the agency; guardian ad litem and attorney supported permanent custody.
- Trial magistrate recommended permanent custody in August 2011; the trial court adopted the recommendation.
- Appellant argues the court should have pursued relative placement or continued PPLA as best option and questions considering the child’s wishes; no objections to magistrate’s findings were filed.
- Court held that under current statute and case law, awarding permanent custody was appropriate given lack of stable parental placement and the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PPLA status invalidates permanent custody to the agency | J.K. would benefit from PPLA continued | Agency must be able to pursue permanent custody when PPLA exists | No; court may grant permanent custody despite PPLA when best interests require. |
| Need to consider relative placement before permanent custody | Relatives should be considered and may be best placement | Statute does not require relative placement as a prerequisite | Not required; court may grant permanent custody without prioritizing relative placement. |
| Whether child’s wishes must be proven to favor permanent custody | Court must determine weight of child’s preferences | Court should weigh best interests; preservation issue unresolved | Court's consideration of best interests supported; preservation issue not dispositive. |
Key Cases Cited
- In re Schaefer, 111 Ohio St.3d 498 (Ohio Supreme Court, 2006) (weighing factors; not require termination as only option; best interests control)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio Supreme Court, 1997) (plain-error standard in civil cases; review limited without objections)
- In re D.N., 2011-Ohio-4627 (Ohio App. 2011) (waiver of objections; plain-error scope in appellate review)
- In re D.S., 2011-Ohio-1279 (Ohio App. 2011) (discussion of waiver and evidence admissibility on review)
- In re A.C.H., 2011-Ohio-5595 (Gallia App. 2011) (permits agency to seek permanent custody after PPLA)