2020 Ohio 3045
Ohio Ct. App.2020Background
- Two infants (L.R./L.B.) placed in FCCS temporary custody after testing positive for drugs at birth; FCCS had prior involvement and had earlier obtained permanent custody of four of mother's older children.
- Case plans required drug/alcohol assessment and treatment, random drug screens, stable housing and income, and supervised visits; mother repeatedly failed to complete treatment or provide consistent negative screens.
- Mother had inconsistent, sometimes lengthy gaps in visitation (court found periods >90 days); she experienced an overdose in Sept. 2018 and had unstable housing/employment.
- Children were placed with foster parents who had adopted three siblings; testimony showed the children were bonded to the foster family and receiving therapies for medical needs.
- Magistrate granted FCCS permanent custody (Jan. 31, 2019); juvenile court overruled mother’s objections and affirmed, finding statutory grounds (abandonment/placement impossible) and that permanent custody was in the children’s best interest.
- Mother appealed arguing the permanent-custody rulings were not supported by clear and convincing evidence and were against the manifest weight of the evidence; this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination and grant of permanent custody were supported by clear and convincing evidence / not against manifest weight | Mother: evidence did not clearly and convincingly show termination and custody were in children’s best interests; trial court erred on weight of evidence | FCCS: record shows mother failed case plan, had prior involuntary terminations, inconsistent visits, and children were bonded to foster home; statutory grounds satisfied | Affirmed; competent, credible evidence supported best interest and statutory grounds; not against manifest weight |
| Whether evidence was sufficient that permanent custody was in children’s best interests under R.C. 2151.414(D)(1) factors | Mother: insufficiency of evidence on bonding, custodial history, and availability of legally secure placement | FCCS: evidence of bonding with foster family, custodial history (L.R. >12 months), children’s needs, mother’s failure to complete case plan and prior terminations supported sufficiency | Affirmed; evidence sufficient across statutory best-interest factors (interaction, custodial history, need for legally secure placement, prior terminations) |
Key Cases Cited
- Stanley v. Illinois, 405 U.S. 645 (1972) (parental-rights interest is fundamental)
- Santosky v. Kramer, 455 U.S. 745 (1982) (standard for terminating parental rights requires heightened due-process protections)
- In re Murray, 52 Ohio St.3d 155 (1990) (parental right to custody is fundamental liberty interest)
- In re Hayes, 79 Ohio St.3d 46 (1997) (permanent termination is extreme remedy requiring full protections)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (manifest-weight review principles and deference to trial court)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (1984) (presumptions in favor of trial-court findings)
- Karches v. Cincinnati, 38 Ohio St.3d 12 (1988) (interpret evidence consistent with verdict in appeals)
- In re C.F., 113 Ohio St.3d 73 (2007) (state authority to protect children and agency intervention)