In re K.L.
2013 Ohio 12
| Ohio Ct. App. | 2013Background
- K.L. was removed from appellant mother C.L.’s home about one month after birth and adjudicated dependent; agency sought permanent custody after 12 of 22 months in temporary custody.
- Father had extensive criminal history and did not progress on case plan; mother made partial progress but remained linked to the father.
- Case plan required psychological evaluations; father completed; mother completed previously; mother did not complete new evaluation here.
- Father completed some parts of anger management but failed to fully engage; he was arrested for domestic violence during the case.
- Housing instability and concerns about mother’s ongoing relationship with the father were central barriers to reunification; foster parents sought permanent custody and potential adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency’s efforts to reunify were reasonable after the father’s separation | C.L. argues agency failed reasonable efforts post-separation | Agency argues efforts were made and continued to be reasonable given circumstances | No reversible error; agency's efforts were reasonable under the standard |
| Whether denial of a continuance was an abuse of discretion | C.L. contends continuance needed to obtain housing | Court acted within discretion given 22-month custody timeline | No abuse of discretion; continuance denial affirmed |
| Whether the trial court properly considered the father’s relinquishment | C.L. argues relinquishment should have affected outcome | Relinquishment considered but other factors remained hindrances | Relinquishment properly considered among factors; no error |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. Supreme Court 1982) (clear and convincing standard for permanent custody applies to liberty interests)
- In re C.F., 113 Ohio St.3d 73 (2007 Ohio) (reasonableness of reunification efforts evaluated across proceeding)
- In re K.M., 2004-Ohio-4152 (12th Dist.) (reasonableness of efforts not requiring exhaustive services)
- In re Starkey, 150 Ohio App.3d 612 (2002-Ohio-6892) (appellate review of custody determinations)