2020 Ohio 4451
Ohio Ct. App.2020Background
- Child L.M. (born 3/8/2019) was born premature and exposed in utero to THC, amphetamines, and methamphetamines; CSB filed abuse/dependency complaints and the child was placed in temporary custody.
- CSB moved for permanent custody after parents had no contact with L.M. for over 90 days; agency alleged abandonment under R.C. 2151.011(C).
- Mother had intermittent incarceration, very limited visits (≈3 visits in 11 months), and did not complete case-plan objectives for housing, substance abuse, or mental health.
- L.M. has significant, ongoing medical needs (apnea, swallowing issues) and was placed with foster parents who provided 24-hour care and sought to adopt.
- Maternal grandparents sought legal custody but were not approved as kinship caregivers because of the grandfather’s long work hours and the grandmother’s untreated mental-health history and admitted marijuana use.
- Juvenile court denied a last-minute continuance for Mother, terminated parental rights, awarded CSB permanent custody; Mother appealed on continuance and manifest-weight/best-interest grounds.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CSB) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a continuance so Mother (incarcerated in another county) could attend the permanent-custody hearing | Denial deprived Mother of due process/right to attend; transportation motion was filed and failure to transport necessitated a continuance | Request was last-minute/unspecified, release date speculative, all parties and witnesses present, Mother had poor prior participation | Denial affirmed; no abuse of discretion given timing, uncertainty, prior nonattendance, and counsel’s adequate representation |
| Whether granting CSB permanent custody (and denying grandparents’ legal custody) was against the manifest weight / not in child’s best interest | Grandparents were suitable and Mother’s termination was not supported; award to CSB was against manifest weight | Mother abandoned the child (>90 days no contact), failed case-plan; grandparents were not approvable due to mental-health and drug-use concerns; foster parents meet child’s complex needs | Affirmed: abandonment proven; permanent custody to CSB is in child’s best interest; grandparents unsuitable for kinship placement |
Key Cases Cited
- State v. Unger, 67 Ohio St.2d 65 (1981) (factors for trial-court continuance decisions and abuse-of-discretion standard)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (appellate standard for reviewing abuse-of-discretion determinations)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (presumption in favor of the finder of fact when reviewing manifest-weight challenges)
- In re William S., 75 Ohio St.3d 95 (1996) (statutory two-prong permanent-custody analysis under R.C. 2151.414)