In re K.H.
2016 Ohio 1330
| Ohio Ct. App. | 2016Background
- Mother (Wanda S.) has four children (born 2002, 2006, 2010, 2012). Police removed the children in March 2013 after a 2-year-old was found alone and Mother was asleep with the infant.
- Children were adjudicated neglected/dependent (one child also abused); temporary custody placed with County Children Services Board (CSB). Sons placed with paternal aunt; daughters placed with a foster family.
- Case plan required parenting classes, substance-abuse assessment/treatment, stable housing, and later mental-health assessment/treatment after Mother reported paranoid/delusional thoughts.
- Mother was diagnosed with Bipolar I disorder with mood-incongruent psychotic features; she attended some counseling and took psychiatric medication briefly but stopped medication and inconsistently attended therapy; she lacked stable housing and income.
- After ~2 years out of her custody and limited progress on reunification (especially mental-health compliance), CSB sought permanent custody of the daughters and legal custody placement of the sons with the aunt; the trial court granted those dispositional requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody of the daughters to CSB was supported by clear and convincing evidence and not against manifest weight | Mother: trial evidence did not show permanent custody was in daughters’ best interest | CSB: daughters had been in temporary custody >12 of prior 22 months; Mother failed to remedy mental-health issues; children adjusted to stable homes | Court: Affirmed permanent custody to CSB for daughters (best-interest factors supported) |
| Whether legal custody of the sons to the paternal aunt was in the sons’ best interest | Mother: disputed that placement; sought return of all children to her custody | CSB/aunt: sons were bonded, thriving with aunt who could provide permanent home; legal custody preferable given Mother’s instability | Court: Affirmed legal custody to aunt (best-interest factors supported) |
| Whether trial court erred by not considering R.C. 2151.414(D)(1)(e) factors (E)(7)–(11) | Mother: trial court failed to address whether (E)(7)–(11) applied | CSB: no evidence those statutory factors applied | Court: No error — no evidence those factors applied, so court need not discuss them |
| Whether CSB failed to make reasonable reunification efforts (warranting reversal) | Mother: CSB refused to change her caseworker and thus did not make reasonable efforts | CSB: arranged services and providers; Mother failed to engage consistently in treatment; magistrate repeatedly found reasonable efforts | Court: Issue forfeited for appeal (no timely objection below) and, on merits, reasonable efforts found; assignment overruled |
Key Cases Cited
- In re William S., 75 Ohio St.3d 95 (1996) (explains the two-prong permanent custody test: statutory grounds and best interest analysis)