2011 Ohio 5375
Ohio Ct. App.2011Background
- Mother M.J.S. appeals a judgment terminating her parental rights and granting permanent custody of R.E.P. to TCJFS.
- R.E.P. was born February 8, 2011, and removed from the parents’ custody two days later at birth.
- A dependency adjudication occurred March 9, 2011; a dispositional hearing followed, with permanent custody sought by TCJFS in February 2011.
- Evidence showed chronic issues in the family leading to removal, including neglect/instability and concerns about the parents’ ability to provide ongoing care.
- The trial court found R.E.P. could not or should not be returned to the mother within a reasonable time and then awarded permanent custody to TCJFS; the court also considered relative placement and ultimately denied it in favor of the agency.
- The court’s order was affirmed on appeal, with a guardian ad litem recommending permanent custody to TCJFS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody to TCJFS is supported by clear and convincing evidence. | Mother argues the evidence does not clearly and convincingly show her inability to remedy conditions. | TCJFS contends the evidence demonstrates substantial failure to remedy the conditions and risk to the child. | Yes; the court's order was supported by clear and convincing evidence. |
| Whether appropriate relatives were available and should have been preferred for placement. | Mother contends relatives were suitable and should have been favored for permanent placement. | TCJFS contends relatives were not suitable long-term placements given history and stability concerns. | No; TCJFS's permanent custody to the agency was in R.E.P.'s best interest. |
Key Cases Cited
- In re Schafer, 111 Ohio St.3d 498 (Ohio 2006) (requires weighing all relevant factors for best interest; no single factor controls)
- In re Ridenour, 61 Ohio St.3d 319 (Ohio 1991) (placement considerations; court not required to favor relatives if not best for child)
- In re Awkal, 95 Ohio App.3d 309 (Ohio 1994) (best interest requires considering all relevant factors; focus on child welfare)