2023 Ohio 3146
Ohio Ct. App.2023Background
- Warren County Children Services removed infant "Roger" (b. Dec. 2020) after concerns about Mother's severe, untreated mental-health issues and early inability to care for the newborn. Father and Mother were appointed counsel; CASA later moved for permanent custody.
- Roger was placed in foster care (foster-to-adopt home) in Feb. 2021; he was adjudicated dependent and remained in temporary custody. The Agency's goal on the case plan was reunification.
- Parents received expanded visitation, including eight hours of unsupervised weekly visits; Father often deferred to Mother, did not exercise additional unsupervised time, and relied on Mother for translation, childcare, transportation, and housing.
- Mother has a long history of psychiatric diagnoses (including borderline personality disorder), prior hospitalizations and suicide attempts, discontinued recommended DBT and medications, and displayed ongoing self-harm and instability.
- Father is undocumented, worked long hours, lacked a driver’s license, and failed to secure independent housing or otherwise separate from Mother despite caseworker direction; agencies found him codependent and insufficiently proactive to reunify independently.
- After a two-day permanent-custody hearing with testimony from 11 witnesses and CASA recommendation, the juvenile court granted permanent custody to the Agency; father appealed only the best-interest finding under R.C. 2151.414(D).
Issues
| Issue | Father’s Argument | Agency’s Argument | Held |
|---|---|---|---|
| Whether awarding permanent custody to the Agency was in the child’s best interest under R.C. 2151.414(D) | Father contends he interacts positively with Roger and can parent him; criticisms (housing, hours, undocumented status) aren’t sufficient to terminate rights | Agency contends Roger is bonded to foster family, needs legally secure placement, and Father is codependent on Mother, failed to address housing/separation and misunderstands Mother’s mental illness | Court affirmed: clear and convincing evidence supports best-interest finding and permanent custody to the Agency |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (1982) (state must prove termination standards by clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review in civil cases)
- In re A.M., 166 Ohio St.3d 127 (2020) (describing the two-part statutory test for permanent custody under R.C. 2151.414)