In re L.D.-C.
2017 Ohio 784
| Ohio Ct. App. | 2017Background
- Mother (Takita D.) is the biological mother of L.D.-C., born October 15, 2014; child removed May 8, 2015 after heroin/fentanyl were found in the vehicle and child’s diaper bag during a traffic stop.
- CSB filed a dependency complaint; child placed in temporary custody of Wayne County Children Services Board (CSB).
- Case plan required substance-abuse assessment/treatment, drug testing, stable housing/income, parenting classes, and regular visits to develop bonding.
- Mother had a history of prior children-services involvement in Michigan, admitted long-term marijuana use, completed an assessment recommending intensive outpatient treatment but did not follow through or submit to regular drug screens.
- Mother moved repeatedly (Ohio, Michigan, Georgia), visited the child only 11 times, and failed to establish stable housing or a parental bond.
- CSB moved for permanent custody; after hearing, trial court awarded permanent custody to CSB. Mother appealed; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CSB) | Held |
|---|---|---|---|
| Whether child could be returned to Mother within a reasonable time (R.C. 2151.414(E)(1)) | Mother argued relocation and residence outside Ohio made reunification/ visits difficult; challenged finding Mother failed to remedy conditions | Mother failed to complete case-plan reunification tasks, continued regular marijuana use, lacked stable housing/income, and did not develop bond with child | Court held clear-and-convincing evidence supports that child could not be placed with Mother within a reasonable time; prong one satisfied |
| Whether permanent custody was in child's best interest (R.C. 2151.414(D)) | Mother contended trial court erred and should have extended temporary custody or placed child with maternal relatives (grandmother) | CSB: child bonded with foster family, needs permanence, relatives either unsuitable or not approved/engaged; Mother’s visitation and remediation insufficient | Court held best-interest factors favored permanent custody with CSB; placement with relatives not shown suitable; affirmed |
Key Cases Cited
- In re William S., 75 Ohio St.3d 95 (1996) (sets forth permanent-custody two-prong test and burden of proof)
- In re C.F., 113 Ohio St.3d 73 (2007) (discusses prior reasonable-efforts findings and effect on permanent-custody hearings)