2021 Ohio 1772
Ohio Ct. App.2021Background
- K.A. born May 9, 2019; mother and infant tested positive for opiates at birth; FCCPS took temporary custody May 16, 2019 and child was adjudicated dependent Aug 7, 2019.
- Father (J.A.) has long-standing methamphetamine/heroin use, criminal convictions, periods of incarceration, sporadic housing and employment, and inconsistent participation in case-plan services.
- FCCPS filed for permanent custody Aug 11, 2020; paternal grandparents sought legal custody; GAL initially appointed, replaced in June 2020; GAL filed a report recommending permanent custody but had limited contact with the parents due to their incarceration.
- Father testified at the December 9, 2020 hearing he had been sober for ~5 months, had positive supervised visits, but admitted he had done "very little" earlier and was not currently able to parent; he challenged the GAL’s compliance with Superintendence Rule 48 and moved to continue the hearing (denied).
- Trial court found statutory grounds (12+ months in agency custody; abandonment during incarceration), that FCCPS made diligent reunification efforts, that Father failed to remedy conditions, and that granting permanent custody to FCCPS was in K.A.’s best interest; parental rights were terminated Dec 17, 2020.
- Father appealed, raising: (1) GAL failed to perform duties under Sup.R. 48 and the court erred in admitting and relying on her report; (2) the permanent-custody decision was against the manifest weight/sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GAL’s noncompliance with Ohio Sup.R. 48 required exclusion of her report/testimony or a continuance | Father: GAL did not adequately investigate or observe parent–child interactions and failed to contact him; hearing should have been continued or report excluded | FCCPS/Trial Court: Rule 48 is guidance not a substantive right; GAL testified at hearing and parties could cross-examine; court may assign weight to GAL report | Court: No abuse of discretion. Sup.R. 48 does not create enforceable substantive rights; court considered objections and gave report appropriate weight |
| Whether permanent custody to FCCPS was supported by clear and convincing evidence / not against manifest weight | Father: He has a bond with K.A., positive visits, is working case plan and can be ready to parent within months | FCCPS/Trial Court: Father was inconsistent with case-plan compliance, lacked stable housing/employment, had ongoing substance-abuse history, child bonded to foster family and needs legally secure placement now | Court: Affirmed. Competent, credible evidence supports statutory grounds and best-interest factors favoring permanent custody to FCCPS |
Key Cases Cited
- In re Murray, 52 Ohio St.3d 155, 556 N.E.2d 1169 (recognizing parental right as fundamental)
- Stanley v. Illinois, 405 U.S. 645 (U.S. Supreme Court case on parental rights)
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (definition of clear and convincing evidence)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (appellate standard re: sufficiency of evidence)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (deference to trial court on credibility/weight)
- Davis v. Flickinger, 77 Ohio St.3d 415, 674 N.E.2d 1159 (crediting trial-court observations in custody contexts)
- In re C.F., 113 Ohio St.3d 73, 862 N.E.2d 816 (statutory best-interest framework under R.C. 2151.414)