In re K.T.
2016 Ohio 7366
| Ohio Ct. App. | 2016Background
- Mother (Shaniqua T.) and Father are parents of three children removed after domestic violence and a non‑accidental rib fracture of the middle child; LCCS placed children in foster care and adopted a reunification case plan.
- LCCS sought permanent custody; trial court granted it in July 2014 but this Court reversed as to Father for ineffective assistance of counsel and remanded.
- After remand, LCCS obtained emergency/temporary custody and filed new permanent‑custody motions; following hearings the trial court (Apr. 27, 2016) terminated parental rights and awarded permanent custody to LCCS.
- Key case‑plan requirements: parenting classes, mental‑health/anger management/domestic‑violence treatment, stable housing/employment, weekly visitation; Mother was inconsistent in visits and did not complete recommended mental‑health counseling.
- Trial court found parents failed to remedy conditions that led to removal (R.C. 2151.414(E)(1)), demonstrated lack of commitment and abandonment; trial court rejected a proposed kinship alternative (Abigail Frasher) as unsuitable.
- This appeal by Mother challenged (1) the sufficiency/manifest weight of evidence supporting permanent custody and (2) the court’s failure to pursue legal custody to the proposed kinship caregiver; Ninth Dist. affirms.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS/Trial Ct.) | Held |
|---|---|---|---|
| Whether the first prong of R.C. 2151.414 (child cannot/should not be placed with parent) was against manifest weight | Mother: She remedied conditions or obstacles (eg, visitation impediments) prevented compliance; evidence did not show failure to remedy | LCCS/Trial Ct: Parents remained inconsistent with visitation, failed to complete mental‑health/anger‑management services, lacked stable housing/employment — conditions not remedied | Held: Affirmed — record supports R.C. 2151.414(E)(1) finding that parents failed to remedy conditions; permanent‑custody prong satisfied |
| Whether trial court erred by not granting legal custody to kinship candidate (Abigail Frasher) | Mother: LCCS failed to adequately investigate Frasher; trial court should have considered her for legal custody | LCCS/Trial Ct: Frasher had limited resources, multiple young children, subsidized housing, contacted agency late and did not maintain relationship with children; no motion for legal custody filed | Held: Affirmed — trial court did not err; insufficient evidence and procedural steps (no custody motion, late contact) supported refusal to award legal custody |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing manifest‑weight claims)
- In re William S., 75 Ohio St.3d 95 (1996) (permanent‑custody two‑prong framework)
- In re C.W., 104 Ohio St.3d 163 (2004) (timing rules for computing ‘‘12 of 22 months’’ temporary custody for permanent‑custody motions)