In re K.H.
2024 Ohio 5292
Ohio Ct. App.2024Background
- Mother gave birth to K.H. in January 2022; K.H. tested positive for drugs at birth and both parents were unable to care for him.
- Initially, mother’s family friend Denise Ray cared for K.H. under a HCJFS safety plan, but he was later removed from her care due to concerns about Ray’s financial and housing stability.
- HCJFS placed K.H. in foster care, and Ray filed a petition for custody, while HCJFS filed for permanent custody.
- Evidence at trial showed mother’s ongoing mental health and addiction issues, lack of stable housing, and absence from K.H.’s life since September 2022.
- Ray underwent two home studies: the first conducted by HCJFS found her unsuitable due to undisclosed eviction actions; the second, by an outside agency, approved her as a caregiver.
- The juvenile court awarded permanent custody to HCJFS after finding K.H. had bonded with his foster parents and Ray had no established relationship with K.H. since March 2022.
Issues
| Issue | Ray's Argument | HCJFS's Argument | Held |
|---|---|---|---|
| Denial of Ray's custody petition | Ray is suitable and approved as a caregiver and keeping her allows for mother's residual rights. | Ray lacked stability and had not maintained relationship with K.H.; foster care is preferred. | Juvenile court did not abuse discretion in denying Ray's custody petition. |
| Granting permanent custody to HCJFS | Granting Ray custody better serves child/family interest, avoids severance of mother’s parental rights. | Permanent custody to HCJFS is in K.H.'s best interest due to strong bond with foster parents. | Sufficient evidence supports permanent custody to HCJFS; not against manifest weight. |
| Fairness of removal and process regarding Ray | HCJFS prevented Ray from contact and delayed updated home study, first study was incomplete. | Removal was based on substantial evidence (eviction, lack of disclosure, instability). | Court found removal justified, process appropriate and decisions supported. |
| Maintenance of mother’s residual parental rights | Granting Ray custody allows mother to retain visitation and certain rights. | No evidence that K.H.’s best interest would be served by keeping these rights. | Court found preserving residual rights was not in K.H.'s best interest. |
Key Cases Cited
- No official reporter cases were cited in this decision that require inclusion per the provided format.