In re M.J.P., 2013 Ohio 2148

M.J.P. was born November 2009 and placed in Agency custody after testing positive for drugs at birth.
Cathy, the mother, later began serving a six-and-a-half-year prison term for drug-related convictions.
In 2010 M.J.P. stayed with Eichers; in 2011 Matt (father) was reunited with M.J.P. and arranged weekend visits with Eichers.
Matt was killed in a car accident on April 24, 2012; the Eichers continued to care for M.J.P. during the case.
On April 25, 2012 the Agency filed for permanent custody and appointed a Guardian Ad-Litem; the GAL recommended permanent custody to the Agency and termination of Cathy’s parental rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly found M.J.P. cannot be placed with either parent within a reasonable time.	Cathy argues the 18-month nonavailability clause was misapplied and speculative.	Agency contends Cathy’s potential release is uncertain and that the court properly applied E(12) to find unavailability for at least 18 months.	No error; finding supported by clear and convincing evidence and affirmed.

In re Franklin, 2006-Ohio-4841 (Ohio 2006) (recognizes fundamental right to raise a child and need for protections)
In re Hayes, 79 Ohio St.3d 46 (Ohio 1997) (parental rights require substantial protections under the law)
In re Smith, 77 Ohio App.3d 1 (Ohio 1991) (procedural safeguards for parental rights)
Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (clear and convincing standard defined and applied in juvenile custody cases)
In re Adoption of Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (clarifies application of the clear and convincing standard)