In re K.A.
2016 Ohio 7911
Ohio Ct. App.2016Background
- In July 2013 Butler County Children Services removed K.A. (born July 2013) after newborn drug tests were positive for benzodiazepines and later marijuana; agency obtained temporary custody and K.A. was placed with the same foster family for ~2 years.
- The juvenile court adjudicated K.A. abused and dependent and named Mother as the perpetrator; agency moved for permanent custody in Dec. 2014 after Mother struggled to complete her reunification plan.
- Mother’s case plan required ongoing mental‑health treatment, stable housing/income, psychological evaluation, and cooperation with Help Me Grow for K.A.’s developmental needs; Mother has a long history of anger, assaultive incidents, multiple residences, and limited income.
- Psychological testing diagnosed significant mood/personality disorders and documented episodes of belligerence, delusional/persecutory thinking, and poor insight; Mother missed therapy sessions, resisted some evaluations, and revoked or refused Recommended services for K.A.
- Help Me Grow assessments identified developmental and medical concerns for K.A.; Mother’s visits were often appropriate and showed bonding, but she also displayed recurring uncontrolled anger and attempted to violate K.A.’s medical/dietary restrictions during visits.
- The juvenile court found (and Mother did not dispute) K.A. had been in agency temporary custody for 12+ of 22 consecutive months and concluded permanent custody to the agency was in K.A.’s best interest; the appellate court affirmed.
Issues
| Issue | Mother’s Argument | Agency’s Argument | Held |
|---|---|---|---|
| Whether granting permanent custody to the agency was supported by clear and convincing evidence and was in the child’s best interest | Mother: denial — the record does not show clear and convincing evidence that permanent custody is in K.A.’s best interest | Agency: Mother’s longstanding, unresolved mental‑health/anger issues, unstable housing/income, refusal of services, and K.A.’s strong foster bond support permanent custody | Court: Affirmed — clear and convincing evidence supports best‑interest finding and grant of permanent custody |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (clear‑and‑convincing proof required before terminating parental rights)