In re P.S., 2012 Ohio 3431

SCDJFS became involved with Father and Mother in June 2010 due to substance abuse issues and established a case plan requiring evaluations, testing, Help Me Grow, and parenting classes.
Mother and Father failed to comply with the case plan; Father had positive urine screens for multiple substances.
On July 18, 2011, the juvenile court awarded legal custody of B.S. to a paternal relative in Akron.
P.S. was born September 30, 2011, tested positive for opiates/benzodiazepines, and required morphine/phenobarbital for withdrawal.
SCDJFS filed a complaint on October 5, 2011 alleging P.S. was dependent/neglected; P.S. was placed with a paternal relative; temporary custody and protective custody orders entered.
The dispositional hearing on December 12, 2011 resulted in a judgment granting legal custody of P.S. to a paternal relative in Arizona, terminating SCDJFS involvement; the relative in Ohio had previously cared for B.S.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in granting legal custody to a relative.	Father argues no reasonable efforts were made and best interests favor keeping P.S. with Ohio relatives.	SCDJFS contends it made reasonable efforts and that placement with Arizona relative serves P.S.'s best interests.	No abuse of discretion; best interests and reasonable efforts supported the Arizona placement.

In re C.R., 108 Ohio St.3d 369 (2006-Ohio-1191) (legal custody standard distinct from permanent custody; residual parental rights remain)
In re A.C., 2007-Ohio-3350 (12th Dist. 2007) (preponderance standard governs legal custody review)
In re Nice, 141 Ohio App.3d 445 (7th Dist. 2001) (legal custody review standard and factors)
Troxel v. Granville, 530 U.S. 57 (2000) (fundamental right to parenting; state interest in child welfare)
In re C.F., 2007-Ohio-1104 (2007) (reasonable efforts analysis in child-removal context)
Unger, In re Unger, 5th Dist. No. 04CA6 (2005) (abuse of discretion standard for custody determinations)