2013 Ohio 2799
Ohio Ct. App.2013Background
- CSB filed petitions in 2011 alleging neglect and dependency due to Mother's heroin addiction, inappropriate caregivers, and failure to provide care.
- Amended complaints in June 2011 alleged noncompliance with case plan, ongoing drug use in the home, accessible drugs/paraphernalia, and untreated mental health problems.
- Children were adjudicated neglected and dependent and placed in CSB temporary custody; the case plan required psychological and chemical dependency assessments, ongoing treatment, and regular drug screening.
- Mother made limited progress on reunification; an initial six-month extension was granted but she failed to obtain timely assessments and to pursue consistent treatment.
- In October 2012 CSB moved for permanent custody; after hearings, the court found the 12/22 month criterion satisfied and that permanent custody to CSB was in the children’s best interests; maternal aunt was not capable of providing permanent legal custody; the guardian ad litem and foster parents supported permanent custody to CSB.
- Costs taxed to Appellant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody to CSB was against the evidence or in error | Mother | CSB | No; CSB's motion supported by evidence; best interests favored permanent custody. |
Key Cases Cited
- In re William S., 75 Ohio St.3d 95 (Ohio 1996) (permanent custody factors and best interests standard)
- In re I.A., 2013-Ohio-360 (9th Dist. 2013) (best-interests review when permanent custody is at issue)
- In re T-G.M., 2011-Ohio-3940 (9th Dist. 2011) (best-interests framework for permanency decisions)