In re L.C.
2011 Ohio 2066
| Ohio Ct. App. | 2011Background
- CCD JFS filed and obtained temporary custody due to extreme neglect and uninhabitable home conditions with ammonia odor from cats.
- Children L.C. (age 5) and L.C.-B. (age 9 months) were placed in foster care pending proceedings.
- Mother substantially completed her case plan; CCDJFS failed to prove she was unable to meet the children’s needs.
- Paternal grandparents sought custody of L.C.; maternal grandparents sought custody of both children.
- Trial court granted permanent custody of L.C.-B. to CCDJFS and legal custody of L.C. to her paternal grandparents; mother appealed challenging consideration of maternal grandparents’ relationship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly considered the maternal grandparents’ relationship | Mother: relationship with maternal grandparents should be weighed under R.C. 2151.414(D)(1)(A). | CCDJFS: placement weighing factors support keeping custody away from birth family; emphasis on best interests and secure placement. | No abuse; maternal-grandparent relationship given insufficient weight in light of best interests. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights are fundamental and paramount)
- In re Perales, 52 Ohio St.2d 89 (1977) (parents have a fundamental interest in child custody)
- In re C.W., 2010-Ohio-2157 (Ohio Ct. App. 2010) (best interests standard and dispositional factors)
- In re J.R., 2007-Ohio-186 (Montgomery App. 2007) (clear and convincing standard in termination cases; weighing of evidence)
- In re K.W., 2010-Ohio-29 (Montgomery App. 2010) (burden of proof on agency; abuse of discretion standard)
- In re Forrest S., 102 Ohio App.3d 338 (1995) (abuse-of-discretion review in custody decisions)