2014 Ohio 3060
Ohio Ct. App.2014Background
- Two children (ages 10 and 8) were adjudicated dependent in July 2009; custody history included periods of protective supervision with mother and later placement with paternal grandparents.
- In July 2011 the juvenile court granted temporary custody to the paternal grandparents; MCCS obtained two six‑month extensions in January and August 2012.
- In January 2013 MCCS moved to award legal custody to the paternal grandparents or, alternatively, to award legal custody to mother with MCCS protective supervision; father also sought custody for the paternal grandparents.
- In September 2013 the trial court continued temporary custody with the paternal grandparents and set further review for March 2014, effectively denying MCCS’s motion for legal custody.
- MCCS appealed, arguing the court lacked statutory authority to grant a third extension of temporary custody under R.C. 2151.415(D)(4) and R.C. 2151.353(F), which limit temporary custody to two years and at most two agency extensions.
- The appellate court reversed, holding the trial court exceeded its authority by effectively granting a third extension and remanded for consideration of MCCS’s motion for legal custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could continue/extend temporary custody beyond two years and grant a third extension under R.C. 2151.415(D) and R.C. 2151.353(F) | MCCS: statutory scheme forbids more than two extensions and forbids temporary custody continuing beyond two years; the court’s September 2013 order was an impermissible third extension | Father/Grandparents: continued temporary custody was in the children’s best interests and the court should be allowed to extend custody for stability | Court: sustained MCCS’s assignment of error; trial court lacked authority to grant a third extension or continue temporary custody beyond two years; reversed and remanded for consideration of legal custody motion |
Key Cases Cited
- Dept. of Liquor Control v. Sons of Italy Lodge, 65 Ohio St.3d 532 (1992) (the word "shall" denotes mandatory statutory commands)
- In re C.T., 119 Ohio St.3d 494 (2008) (statutory procedures balance parental rights and state authority to protect children)