2021 Ohio 4042
Ohio Ct. App.2021Background:
- In Nov. 2019 two children (L.G. and A.G.) were hospitalized with non‑accidental injuries; investigation found three infants at the home including one‑month‑old M.G., who was taken into FCCS custody.
- M.G. was placed in foster care in Nov. 2019; Mother and Father were indicted and later incarcerated (Mother: felonious assault; Father: endangering children).
- M.G. remained in foster care and became bonded to the foster family; the two older siblings have special needs and received services in foster placements.
- Maternal great‑aunt (Aunt) moved for custody but lived in the same home where abuse occurred, had unstable income and residence, and maintained contact with Mother.
- FCCS sought permanent custody in Feb. 2021; after a May 2021 hearing the juvenile court granted FCCS permanent custody of M.G. and denied Aunt legal custody; Father appealed solely as to M.G.
Issues:
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (FCCS) | Held |
|---|---|---|---|
| Whether permanent custody to FCCS was supported by clear and convincing evidence (best‑interest prong) | Juvenile court erred; evidence did not show permanent custody was in M.G.'s best interest; requests reversal and remand for Aunt's custody hearing | Parents incarcerated, no parent contact since removal, M.G. bonded to foster family that seeks adoption, no suitable relative placement; permanent custody is necessary for legally secure placement | Affirmed: clear and convincing evidence supported permanent custody to FCCS; not against manifest weight of evidence |
| Whether Aunt should receive legal custody | Father sought remand to consider Aunt's legal custody as an alternative | Aunt was resident of the abusive home, lacked stable income/residence and an approved home study, maintained contact with Mother — concerns she would permit parent contact | Denied: juvenile court properly found legal custody to Aunt not in children’s best interests |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (due process requires proof by clear and convincing evidence before terminating parental rights)
- Eastley v. Volkman, 972 N.E.2d 517 (Ohio 2012) (standard for reviewing whether a trial court’s factual findings are against the manifest weight of the evidence)