2022 Ohio 3865
Ohio Ct. App.2022Background
- J.H., born 2007, was removed from parental custody after allegations of neglect/abuse involving Father and stepmother in March 2020; the Agency obtained temporary custody July 2020 and the child later entered foster care.
- Mother had not had custody since 2008, struggled with substance abuse and mental-health issues, missed drug screens, failed to complete required case-plan services, and had extended periods with no contact or updates to the Agency.
- The child repeatedly told counsel and the GAL she did not want contact with Mother unless Mother demonstrated sobriety and completed services; the magistrate found Mother had abandoned the child for a period in 2021.
- The Agency moved for permanent custody in October 2021; a magistrate granted permanent custody to the Agency in March 2022; the juvenile court adopted that decision after Mother’s objections.
- Mother appealed, arguing the permanent-custody award lacked clear and convincing evidence, was against the manifest weight of the evidence, and that the abandonment finding was erroneous. The appellate court affirmed.
Issues
| Issue | Plaintiff's (Mother's) Argument | Defendant's (Agency/State) Argument | Held |
|---|---|---|---|
| Whether permanent custody was supported by clear and convincing evidence / not against manifest weight | Mother argued she had made progress, had housing available, the initial removal was due to Father, and some best-interest factors favored her | Agency argued Mother failed to engage in services, remained substance-involved, had no meaningful contact with the child, and child thrived in foster placement | Affirmed: record contains sufficient, credible evidence; best-interest factors favor permanent custody |
| Whether the court erred in finding Mother abandoned the child under R.C. 2151.011(C) | Mother argued she was barred from visitation by placement and thus could not be found to have abandoned the child | Agency argued Mother could have maintained contact or complied with case plan to obtain visits and she made no such efforts; statutory abandonment includes failure to maintain contact | Appellate court: abandonment finding unnecessary because 12-of-22 months in Agency custody sufficed; court also upheld abandonment finding as supported by record |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (1982) (parental rights may be terminated only upon clear and convincing proof)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing whether a judgment is against the manifest weight of the evidence)
- In re A.M., 166 Ohio St.3d 127 (2020) (describing the two-part statutory test for awarding permanent custody under R.C. 2151.414)
- In re G.N., 170 Ohio App.3d 76 (2007) (credibility determinations are for the juvenile court and will not be lightly disturbed on appeal)