2014 Ohio 2684
Ohio Ct. App.2014Background
- Appellant J.S. is the natural mother of J.L. (b. 2010) and H.H. (b. 2011) whose welfare was at issue in a Muskingum County Juvenile Division proceeding.
- On Oct 12, 2012, Muskingum County Children’s Services filed allegations of abuse, neglect, and dependency; the children were sheltered and later adjudicated neglected and dependent on Jan 9, 2013.
- A case plan issued in Nov 2012 required addressing substance abuse, parenting, mental health, housing, and employment; mother failed to make substantial progress.
- A September 4, 2013 motion for permanent custody was filed after two years of agency involvement and precipitating domestic-violence-related arrest.
- Evidence showed mother did not complete assessments or treatment, had unstable housing, and faced restrictions on visits; her boyfriend was added to (and later removed from) the case plan due to incidents and threats to staff.
- The court found the children could not be placed with mother within a reasonable time and permanent custody to MCCS was in the children’s best interests; appellate counsel filed Anders briefing and the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cannot-be-placed-with-parent finding was supported | J.S. | MCCS | Not against weight/sufficiency |
| Whether permanent custody was in the children's best interests | J.S. | MCCS | Not against weight/sufficiency |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954) (Ohio 1954) (definition of clear and convincing evidence; standard applied in custody)
- Holcomb, 18 Ohio St.3d 361, 481 N.E.2d 613 (1985) (Ohio 1985) (clarifies clear and convincing standard in permanency decisions)
- Schiebel, 55 Ohio St.3d 71, 564 N.E.2d 54 (1990) (Ohio 1990) (trial court credibility and deference to findings)
- Morris v. Foley Constr. Co., C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (1978) (Ohio 1978) (competent, credible evidence required; no reversal on mere disagreement)
- Seasons Coal Co. v. Cleveland, Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (1984) ( Ohio 1984) (deference to trial court on witness credibility)
- Davis v. Flickinger, Davis v. Flickinger, 77 Ohio St.3d 415, 674 N.E.2d 1159 (1997) (Ohio 1997) (credibility and demeanor of witnesses in custody cases)
- Anders v. California, Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. ed. 2d 493 (1967) (U.S. 1967) (procedural withdrawal of counsel in frivolous appeals)