In re J.P.
2016 Ohio 7
Ohio Ct. App.2016Background
- Twins J.P. and Jo.P., born July 11, 2013, were placed in BCDJFS temporary custody one day after birth and have lived with the same foster parents since they were four days old.
- Mother failed to comply with case-plan requirements and had multiple arrests (including a conviction for assault and child endangering); BCDJFS moved for permanent custody on January 20, 2015.
- Final permanent-custody hearing was June 10, 2015; on that day appellant Helen Allen (a distant relative who had never met the children) filed a motion seeking legal custody.
- The trial court denied Allen’s same-day motion as untimely and not properly served, and granted permanent custody to BCDJFS; Allen appealed pro se.
- The appellate court reviewed whether the trial court erred in denying Allen’s custody request and whether permanent custody to BCDJFS was contrary to the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Allen’s custody request filed the day of the hearing | Allen argued denial was error and not in children’s best interest because a family member (her) was willing to care for the children | BCDJFS argued Allen’s request was untimely, not served, and she failed to follow statutory/procedural requirements for legal-custody motions | Court held Allen failed to comply with mandatory filing/service requirements under R.C. 2151.353 and Juvenile Rules; therefore denial was proper |
Key Cases Cited
- In re L.R.T., 165 Ohio App.3d 77 (12th Dist. 2006) (holding compliance with R.C. 2151.353 and juvenile procedural rules is mandatory for nonparent motions for legal custody)