In re R.H.B.
2016 Ohio 729
Ohio Ct. App.2016Background
- Mother (unmarried) has five children; the three youngest (two-year-old twins and infant “Regan”) were removed in April 2014 after Mother’s arrest for endangering children; the children were adjudicated dependent.
- Temporary legal custody: the twins were placed with their paternal aunt (Aunt); Regan was placed with her father (Father).
- CCDJFS moved to convert temporary legal custody to legal custody with the current caretakers; a two-day dispositional hearing occurred in Dec. 2014.
- Trial court found Mother had long-standing substance abuse, mental-health and stability problems, limited contact with the children, failure to complete inpatient treatment, no stable housing or income, and poor credibility.
- Court found Father and Aunt to be stable, capable caretakers; guardian ad litem supported granting legal custody to the current custodians.
- Trial court awarded legal custody of the twins to Aunt and legal custody of Regan to Father; Mother appealed claiming the decisions were against the weight of the evidence and not in the children’s best interest.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CCDJFS/Temp. Custodians) | Held |
|---|---|---|---|
| Whether legal custody should be awarded to the temporary custodians instead of Mother | Mother argued she is committed to treatment, completed assessments, will seek work/treatment on release, and case-plan progress supports reunification | CCDJFS/ custodians argued Mother’s history of alcoholism, treatment noncompliance, instability, minimal contact with children, and the children’s established adjustment favor custody with current caretakers | Court held legal custody to Aunt (twins) and Father (Regan) is in the children’s best interest and affirmed the orders |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (explains manifest-weight standard for reviewing fact-findings)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (clarifies the standard for determining whether a judgment is against the manifest weight of the evidence)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (1984) (credibility determinations by the trial court are given deference on appeal)