In re K.L.
2017 Ohio 9003
| Ohio Ct. App. | 2017Background
- K.L., an infant, was removed from the mother’s custody on December 23, 2015 after concerns of domestic violence between the mother and her former partner R.L., unstable housing, and parental substance abuse; Lucas County Children Services Board (LCCSB) obtained temporary custody and K.L. was adjudicated neglected and dependent.
- Mother later maintained some compliance (probation completion, counseling, medication, regular visits) but evidence showed R.L. reentered the mother’s home during the case and multiple 911 calls and photographs suggested ongoing contact. Mother moved to a YMCA shelter shortly before the permanent-custody hearing.
- Father A.G. was later established as the biological father; he completed anger-management, had repeated positive marijuana tests, lacked stable housing (living in a camper), had intermittent employment, and failed to complete a required dual assessment.
- LCCSB filed a second motion for permanent custody (July 10, 2017). A limited hearing on July 20, 2017 addressed whether parents completed services after a six-month extension.
- The juvenile court granted permanent custody to LCCSB (Aug. 1, 2017), finding among other things that the 12-of-22-months statutory factor was met (R.C. 2151.414(B)(1)(d)) and that parents failed to remedy removal causes and had shown lack of commitment; parents appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody was against manifest weight | Mother: court ignored her progress and credibly showed R.L. moved in without permission; moving to YMCA cured the problem | Court found mother not credible about extent/timing of R.L. presence; move occurred only shortly before hearing | Court: judgment not against manifest weight; mother’s credibility and late move supported custody decision |
| Whether R.C. 2151.414(E)(1) (failure to remedy removal causes) was proven as to mother | Mother: brief contact with R.L. was a single mistake; she sought agency help and left home | LCCSB: evidence R.L. lived with mother, repeated 911 calls, and mother did not timely separate from R.L. | Court: clear and convincing evidence mother did not substantially remedy domestic-violence/ housing risks |
| Whether the 12-of-22-months statutory ground (R.C. 2151.414(B)(1)(d)) supported custody | Father: agency filed motion before 12 months within a consecutive 22-month period had run, so factor inapplicable | LCCSB: urged broader reading allowing earlier filing once 12 months of custody accrued | Court: trial court erred to rely on 12-of-22 ground because statutory timing not met, but error was harmless due to other valid grounds |
| Whether father failed to remedy causes and showed lack of commitment (E(1), E(4)) | Father: he was not responsible for the original removal (domestic violence between mother and R.L.); he made some progress (anger management, visitation) | LCCSB: father failed dual assessment, repeatedly tested positive for marijuana, lacked housing and employment, and did not engage in services | Court: clear and convincing evidence father failed to remedy conditions and lacked commitment; termination affirmed |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest-weight review)
- Eastley v. Volkman, 132 Ohio St.3d 328 (presumption in favor of the factfinder; manifest-weight guidance)
- In re C.W., 104 Ohio St.3d 163 (statutory timing and grounds for permanent custody)
- In re C.F., 113 Ohio St.3d 73 (agency’s ability to file dispositional motions while in temporary custody)
- In re H.F., 120 Ohio St.3d 499 (permanent-custody procedural principles)
- In re C.B., 129 Ohio St.3d 231 (legislative purpose limiting temporary custody duration)