2013 Ohio 3406
Ohio Ct. App.2013Background
- M.J.P.L. born November 21, 2011; prior agency involvement due tomother's history with three older children.
- Child initially placed in temporary custody after concerns about care and living with a drug abuser.
- Parents left the county with M.J.P.L. to a Pike County homeless shelter; visitation and case plan issues followed.
- Reunification efforts failed: limited visitation, no engagement in case plan services, unstable housing and employment.
- Mother imprisoned in June 2012; agency filed for permanent custody on August 28, 2012.
- Trial court granted permanent custody to the agency on February 22, 2013; mother appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether legally secure placement required permanent custody | M.J.P.L. could be securely placed with mother given programs and housing plans. | Agency and court correctly found no legally secure placement without permanent custody. | Yes; court found legally secure placement could not be achieved without permanent custody. |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. Supreme Court 1982) (clear and convincing standard required for termination of parental rights)
- In re Starkey, 150 Ohio App.3d 612 (2002) (appellate review limited to credible evidence support)
- In re Rodgers, 138 Ohio App.3d 510 (2000) (conflict in evidence governs reversal threshold)
- In re E.B., 2010-Ohio-1122 (12th Dist. 2010) (two-part best interests test and placement considerations)
- In re J.M., 2012-Ohio-4766 (12th Dist. Fayette No. CA2012-05-015) (court need not rely on duplicative findings when statutory requirements met)