2020 Ohio 4391
Ohio Ct. App.2020Background
- Child K.J. born in 2015; mother T.J. was a minor (13 at birth, 16–17 at relevant times) with a history of severe sexual abuse and ongoing serious mental-health crises (repeated self-harm, hospitalizations, long-term residential treatment).
- FCCS removed K.J. from home; K.J. was placed in foster care (with T.J. together initially), then separately; temporary custody to FCCS was granted in November 2017.
- K.J. diagnosed with Reactive Attachment Disorder and PTSD; by the time of trial (Aug. 2019) K.J. had lived with the prospective adoptive foster mother ~22 months, called her “mom,” and had a stronger mother–child bond with the foster mother than with T.J.
- Guardian ad litem and agency recommended permanent custody to FCCS to secure permanency for K.J.; foster mother indicated willingness to allow positive contact between K.J. and T.J.
- Trial court granted FCCS’s motion for permanent custody (terminating parental rights); T.J. appealed, raising four assignments of error: best interest, reasonable efforts, ability to reunify in reasonable time, and need for extra time because mother is a minor.
Issues
| Issue | Plaintiff's Argument (T.J.) | Defendant's Argument (FCCS) | Held |
|---|---|---|---|
| Whether permanent custody is in the child's best interest | T.J. argued the court erred in finding permanent custody best for K.J. | Agency pointed to bonding with foster mother, GAL recommendation, K.J.’s needs for stability, and T.J.’s untreated mental-health instability | Affirmed: court’s best-interest findings supported by clear and convincing evidence |
| Whether FCCS made reasonable efforts to reunify | T.J. argued FCCS constrained her ability to establish independent housing and had not made reasonable efforts | FCCS showed a prior magistrate finding of reasonable efforts and the trial court also made a reasonable-efforts finding; evidence of referrals and services provided | Affirmed: reasonable efforts were found and supported by record |
| Whether K.J. could be reunified with mother within a reasonable time | T.J. argued, as a minor mother, she needed more time and was close to placement where she could parent | FCCS pointed to T.J.’s ongoing residential treatment, no discharge timetable, and that K.J. had been in custody over 12 months | Moot under R.C. 2151.414(B)(1)(d); in any event court found reunification not reasonably likely in near term |
| Whether mother’s minor status required additional time to reunify | T.J. urged special consideration because she is a minor in FCCS care | FCCS noted statutory framework focuses on child’s best interest and length of custody; GAL prioritized K.J.’s need for permanency | Overruled: minor status did not alter result; permanent custody affirmed |
Key Cases Cited
- In re C.F., 113 Ohio St.3d 73 (2007) (state must make reasonable efforts to reunify and, if not already proven, must prove reasonable efforts at the permanent-custody hearing)
(Decision affirmed.)