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2023 Ohio 958
Ohio Ct. App.
2023
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Background

  • In Sept. 2020 Huron County JFS (HCDJFS) obtained emergency custody of siblings L.W. and M.L.W. after mother allegedly engaged in gun violence that involved the children; the children were adjudicated dependent and placed with certified foster parents.
  • Mother’s case plan required mental-health and parenting services; she had minimal compliance, multiple unsuccessful discharges from treatment, and attended only 2 of 13 parenting classes; her criminal charges remained pending and she was incarcerated in Sept. 2021.
  • A third child, M.S.W., was born in 2021 and also placed in agency custody; fathers either declined involvement or had histories (e.g., weapon convictions, domestic violence) limiting reunification prospects.
  • Mother proposed a nonrelative friend, S.W., as a placement in March 2022; HCDJFS denied the home study because S.W. was a stranger to the children, not a relative, and had ties to mother’s brother and statements about police cooperation raising safety concerns.
  • Foster parents, who had cared for the children (older two ~24 months; youngest ~12 months), sought legal custody and intended to adopt; HCDJFS moved for permanent custody in June 2022; the GAL recommended permanent custody.
  • The juvenile court granted HCDJFS permanent custody (Oct. 24, 2022), finding statutory bases met and awarding custody was in the children’s best interests; mother appealed, arguing improper rejection of S.W., inadequate reunification efforts, and lack of transparency.

Issues

Issue Plaintiff's Argument (Mother) Defendant's Argument (HCDJFS) Held
Whether statutory basis for permanent custody was met (R.C. 2151.414) Agency failed reunification; placement alternatives existed Children were in agency custody the requisite consecutive months and parents could not resume care (mother incarcerated) Court: statutory basis satisfied (older two 24 months, youngest 12 months; mother cannot reunify while incarcerated)
Whether HCDJFS improperly rejected mother’s proposed placement (S.W.) S.W. was not fully considered and denial was wrongful Home study legitimately denied: S.W. nonrelative, little/ no bond to children, ties to mother’s brother and concerning statements Court: denial reasonable; home study concerns supported; S.W. did not contest or seek custody herself
Whether awarding permanent custody was in children’s best interests Agency did not make adequate reunification efforts; PC not in children’s best interests Children are bonded with foster parents, have stability, medical/therapeutic needs met, and need legally secure placement Court: clear and convincing evidence supports best-interest finding; permanent custody affirmed

Key Cases Cited

  • In re K.H., 119 Ohio St.3d 538 (Ohio 2008) (defines "clear and convincing" evidentiary standard used in permanent-custody decisions)
  • Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (classic statement of the clear-and-convincing standard)
  • In re Schaefer, 111 Ohio St.3d 498 (Ohio 2006) (framework for best-interest inquiry in permanent-custody cases)
  • State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
Read the full case

Case Details

Case Name: In re L.W.
Court Name: Ohio Court of Appeals
Date Published: Mar 23, 2023
Citations: 2023 Ohio 958; H-22-017, H-22-018, H-22-019
Docket Number: H-22-017, H-22-018, H-22-019
Court Abbreviation: Ohio Ct. App.
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