2016 Ohio 5201
Ohio Ct. App.2016Background
- Child N.E. (b. 8/21/2009) was adjudicated dependent after Stark County Department of Job and Family Services (the agency) obtained emergency temporary custody in April 2015.
- Parents stipulated to dependency; the agency prepared a case plan and the child remained in temporary custody.
- The agency moved for permanent custody on January 11, 2016; neither parent attended the February 24, 2016 hearing; the trial court granted the agency permanent custody by nunc pro tunc entry on February 29, 2016.
- The ongoing caseworker (Wanda Pounds) testified the father, Ronald Eick Jr., is "low functioning" (IQ in low 80s), failed to complete key services (Quest, counseling, parenting class), had positive drug screens (marijuana and methamphetamine), had unstable housing and sporadic visitation, and did not reduce risk to the child.
- The caseworker opined additional time would not likely change outcomes; the child was reported to be improving emotionally in foster care and another adoptive placement was being pursued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child cannot or should not be placed with Father within a reasonable time | Eick: Father needed more than one year given cognitive limitations; additional time would permit completion of the case plan and strengthen bond | Agency: Father failed to complete critical services, had continued substance use, unstable housing, and sporadic visits despite reasonable efforts | Court: Agency proved by clear and convincing evidence child cannot/should not be placed with Father within a reasonable time |
| Whether permanent custody is in the child's best interest | Eick: Presumably argued (on appeal) that best interest favored more time to develop parental bond and services | Agency: Child's mental health and stability improved in foster care; minimal bond with Father and a legally secure permanent placement was needed | Court: Permanent custody is in the child’s best interest; granting agency custody supported by clear and convincing evidence |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279 (1978) (trial-court factual findings supported when there is some competent, credible evidence)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (standard for appellate review when clear-and-convincing proof is required)
- State v. Martin, 20 Ohio App.3d 172 (1983) (discussion of manifest-weight standard)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (clarification of appellate review standards)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard of review for manifest-weight claims)