2019 Ohio 123
Ohio Ct. App.2019Background
- Child K.J. (b. 7/23/09) was removed after police found her in a home lacking basic facilities, filthy and lice-infested; marijuana was grown in the home; Mother and boyfriend present; parents charged with child endangering.
- Father had physical custody for three years and later voluntarily surrendered parental rights; Mother appealed the termination of her parental rights after the juvenile court awarded permanent custody to Summit County Children Services Board (CSB).
- Parents waived adjudicatory and certain dispositional hearings; child was adjudicated abused, neglected, and dependent and placed in CSB temporary custody; case plan goals were adopted as court orders.
- CSB filed for permanent custody under R.C. 2151.414(B)(1)(a), asserting Mother failed to remedy removal conditions and suffers chronic mental health and substance issues; evidence included professional testimony, supervised-visit reports, and guardian ad litem recommendations.
- The juvenile court found clear and convincing evidence that K.J. could not be placed with Mother within a reasonable time and that permanent custody was in the child’s best interest; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CSB) | Held |
|---|---|---|---|
| Whether juvenile court failed to comply with R.C. 2151.28(L) when adjudicating dependency | Mother: court omitted required written findings about dangers/family problems, so adjudication defective | CSB: parents waived adjudicatory hearing and effectively stipulated to complaint allegations; allegations support required findings | Court: No reversible error; waiver/stipulation and complaint supported statutory findings; assignment overruled |
| Whether evidence supported first-prong of permanent-custody test (child cannot be placed with parent) | Mother: CSB failed reasonable case planning and diligent efforts; motion premature (only ~8 months on plan) | CSB: provided tailored services, allowed continuity with providers, ongoing services after motion; mother failed to remedy conditions and had severe mental health/substance/anger issues | Court: Clear and convincing evidence supported finding under R.C. 2151.414(E); mother failed to substantially remedy conditions; assignment overruled |
| Whether in-camera interview with child violated Mother’s due-process/confrontation rights | Mother: court relied on ex parte child statements and mother was denied right to confront/cross-examine | CSB: child’s wishes are admissible for best-interest analysis; in-camera interview was non-adversarial and scheduled to protect child; mother requested the interview and did not object to procedure/questions | Court: No due-process violation; child statements were used appropriately (primarily for best-interest context), mother had requested interview and did not preserve objection; assignment overruled |
| Whether juvenile court’s permanent-custody decision was against manifest weight of evidence | Mother: overall record does not support clear-and-convincing showing that reunification impossible | CSB: testimony and professional reports show continued instability, noncompliance, marijuana use, anger, housing/employment instability, child trauma/fear | Court: Not against manifest weight; presumption in favor of factfinder, evidence produced firm belief in findings; assignment overruled |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review and deference to factfinder)
- In re William S., 75 Ohio St.3d 95 (1996) (requirements for permanent custody judgments under Ohio law)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (definition of clear and convincing evidence)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (articulation of the clear-and-convincing evidence standard)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (civil plain-error standard applicable only in exceptional circumstances)
- State v. White, 142 Ohio St.3d 277 (2015) (criminal plain-error standard requiring a different-outcome showing)