In re K.F.
2021 Ohio 1183
Ohio Ct. App.2021Background
- K.F., born 2015, was removed from Mother and Father after officers found the parents using heroin and the child unsupervised in December 2017; agency obtained emergency temporary custody.
- Father (not biological but acknowledged paternity) and Mother had chronic substance-abuse problems and extensive periods of incarceration during the case; Mother largely absent and Father incarcerated for a lengthy sentence beginning in 2018.
- K.F. was placed briefly with Grandfather, then in foster care (current foster parents since July 2018); in foster care K.F. made marked developmental progress (speech therapy, potty training, improved socialization).
- Agency changed goal to adoption and moved for permanent custody in August 2019; Grandfather sought visitation (not a timely motion for legal custody).
- After a consolidated December 2019 trial the magistrate (later adopted by the juvenile court) granted permanent custody to Clermont County Department of Job and Family Services; Father and Grandfather appealed contesting best-interest findings and alternatives to termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory two‑part test supports termination of parental rights (R.C. 2151.414) | Father: court erred; weight/sufficiency lacking and alternatives exist (grandfather or foster parents). | Agency: statutory requirement satisfied (12+ months in custody) and best‑interest factors favor permanent custody/ adoption. | Court: R.C. 2151.414(B)(1)(d) satisfied (12+ months); best‑interest factors support permanent custody; judgment affirmed. |
| Whether Father’s bond/reported prison treatment required denying permanent custody | Father: has bond, completed some prison programming, will reunify upon release; visitation history shows relationship. | Agency: incarceration, relapse when free, threats to foster parents, failure to complete case plan and address mental‑health/parenting needs. | Court: visits from jail insufficient to build normal parent‑child relationship; incarceration and lack of remediation weigh against Father. |
| Whether court should have awarded legal custody to Grandfather or foster parents without a formal custody motion | Father: legal custody to Grandfather or foster parents was a reasonable alternative to termination. | Agency: no timely motion for legal custody filed; Grandfather previously declined placement and had health/ability concerns; procedural prerequisites not met. | Court: nonparents must file under R.C. 2151.353; evidence showed Grandfather’s late offer unreliable; court properly declined alternative custody. |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (1982) (state must prove termination of parental rights by clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest‑weight review and deference to factfinder)