midpage
2023 Ohio 3190
Ohio Ct. App.
2023
Read the full case

Background

  • LCCS filed a complaint and a motion for permanent custody of newborn N.J. on Dec. 13, 2022; mother tested positive for marijuana at birth and admitted using marijuana during pregnancy.
  • Mother previously had permanent parental-rights terminations as to two older children and one legal custody loss; those prior terminations were central to agency’s recommendation for permanent custody.
  • N.J. was placed in foster care within days of birth; foster parents are meeting his medical needs (including clubfoot treatment), are bonded to him, and intend to seek adoption.
  • Mother has housing and some engagement with therapy but missed multiple mental-health appointments, declined prescribed medication after her psychiatrist left, underwent only sporadic drug screens that remained positive for marijuana, and missed or was late to several visits.
  • The juvenile court found by clear and convincing evidence that R.C. 2151.414(E)(1), (4), and (11) applied and that awarding permanent custody to LCCS was in N.J.’s best interest; it terminated mother’s parental rights on April 10, 2023.
  • Mother appealed solely arguing the court erred in applying R.C. 2151.414(E)(11) because she had rebutted the presumption that prior terminations precluded reunification.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether R.C. 2151.414(E)(11) supported denial of reunification after prior involuntary terminations Mother: she has stable housing, is in therapy, and rebutted the presumption that prior terminations show she cannot provide a legally secure placement LCCS: mother continued substance use, failed to engage consistently in mental-health care, missed visits, and has a history of involuntary terminations Court: E(11) applicable; mother failed to provide clear and convincing evidence to rebut presumption; permanent custody affirmed
Whether awarding permanent custody to LCCS was in child’s best interest under R.C. 2151.414(D)(1) Mother: bond with foster family does not preclude reunification; she can provide adequate care LCCS/GAL: child is well cared for, bonded to foster family who will adopt, needs legally secure placement Court: best-interest factors favor permanent custody to LCCS; award affirmed

Key Cases Cited

  • Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (definition of clear and convincing evidence)
  • State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (standard for manifest-weight review)
  • In re K.H., 119 Ohio St.3d 538, 2008-Ohio-4825, 895 N.E.2d 809 (clarifying the clear-and-convincing evidence standard in juvenile cases)
  • In re B.C., 141 Ohio St.3d 55, 2014-Ohio-4558, 21 N.E.3d 308 (permanent-custody analysis and best-interest inquiry)
  • In re Brown, 98 Ohio App.3d 337, 648 N.E.2d 576 (deference to trial court as factfinder)
Read the full case

Case Details

Case Name: In re N.J.
Court Name: Ohio Court of Appeals
Date Published: Sep 8, 2023
Citations: 2023 Ohio 3190; L-23-1114
Docket Number: L-23-1114
Court Abbreviation: Ohio Ct. App.
Log In