In re K.L.
2021 Ohio 3079
| Ohio Ct. App. | 2021Background:
- K.L., born Feb. 5, 2018, suffered pulmonary atresia and received a heart transplant in Aug. 2018; she is permanently immunosuppressed and requires an extremely clean environment plus precise medication and feeding-tube care.
- JFS removed K.L. (and her brother) Jan. 4, 2019; the children were adjudicated dependent and JFS obtained temporary custody; JFS moved for permanent custody of K.L. on Oct. 29, 2020.
- Case plan required parents to maintain a clean home, properly administer medications and feeding equipment, and address parenting and mental-health issues; services were provided (Cleveland Clinic, Bair Foundation, in-home therapy, parenting classes).
- Despite some participation (visits, training, counseling), multiple workers observed persistent clutter/unsanitary conditions; incidents included an unclean G-tube after a visit and parents administering expired medication during a May 2020 visit.
- The guardian ad litem recommended permanent custody; the trial court found K.L. had been in temporary custody over 12 months, parents failed to remedy unsafe/unsanitary home conditions, and permanent custody to JFS was in K.L.’s best interest.
- Father appealed solely arguing JFS failed to show permanent custody was in the child’s best interest and that he had complied with the reunification plan; the Eleventh District affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court erred in awarding permanent custody to JFS instead of returning/legal-custody to the parents | Father: he and mother complied with the case plan except for achieving consistent cleanliness; JFS failed to show permanent custody was in K.L.’s best interest | JFS: parents repeatedly failed to maintain the immaculate/consistent cleanliness and medication/feeding care required for a medically fragile, immunocompromised child despite services | Affirmed — clear and convincing evidence supported permanent custody: child in temporary custody >12 months, parents unable/unwilling to provide a safe, consistently clean home; award was in child’s best interest |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standards for manifest-weight review and reviewing fact-finder credibility in civil cases)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (presumption favoring the fact-finder's findings and construing evidence to sustain judgment)
- In re William S., 75 Ohio St.3d 95 (1996) (permanent-custody statutory framework requires two-prong showing under R.C. 2151.414)
- In re K.H., 119 Ohio St.3d 538 (2008) (definition of "clear and convincing" evidence standard)
- Tewarson v. Simon, 141 Ohio App.3d 103 (2001) (discussion of weighing evidence and reasonableness of inferences by the fact-finder)