2014 Ohio 5190
Ohio Ct. App.2014Background
- Mother relinquished custody of four children to the Agency via VAC due to homelessness and instability; children placed with a foster family and treated for medical issues including asthma and dental decay.
- Agency filed a neglect/dependency petition; court adjudicated the children dependent and awarded temporary custody to the Agency.
- Case plan required Mother to obtain housing/income, undergo psychological evaluation and follow recommendations, visit weekly, and complete parenting program; amendments added substance abuse assessment.
- Mother repeatedly failed to achieve stable housing or comply with case plan (including mental health, substance abuse, and visitation requirements) and resumed marijuana use.
- Agency moved for permanent custody; the court found the children had been in Agency custody for over 12 months in a 22-month period, and the best interests favored permanent custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody to the Agency is in the children's best interests. | Mother argues best interests favored reunification given housing/Support. | Agency argues continued instability and failure to remedy conditions justify permanent custody. | Yes; permanent custody upheld as in best interests. |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (clear and convincing standard required before termination of parental rights)
- In re Starkey, 2002-Ohio-6892 (12th Dist. 2002) (appellate review limited to sufficiency of clear and convincing evidence)
- In re E.B., 2010-Ohio-1122 (12th Dist. 2010) (permanent custody factors and 12-month/22-month test applied)