2019 Ohio 3055
Ohio Ct. App.2019Background
- Mother is biological parent of S.A.N.; paternal grandmother obtained legal custody on March 27, 2013 and court-ordered Mother to have "reasonable and appropriate telephone contact."
- Mother made some calls shortly after the custody order but had no contact with the child for about five years before the adoption petition.
- Grandmother petitioned to adopt S.A.N. on April 4, 2018, alleging Mother's consent was not required because Mother failed to communicate in the prior year.
- A magistrate found Mother's consent not required; the probate court overruled objections and Mother appealed.
- At the hearing Mother did not appear; her deposition admitted she had not seen the child in ~5 years and had little to no phone contact during the statutory year; Grandmother testified she did not interfere with contact and had not concealed contact information.
- The court concluded Mother failed, without justifiable cause, to communicate with the child during the one-year statutory period and upheld the adoption without Mother's consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mother's consent to adoption was required under R.C. 3107.07(A) due to failure to communicate | Grandmother: Mother's consent not required because Mother failed to have more than de minimis contact in the year before the petition | Mother: Justifiable cause existed — lost phone, lacked Grandmother's number, tried visiting prior address, court would not provide contact info | Court held Grandmother met burden by clear and convincing evidence that Mother failed to communicate and Mother failed to show justifiable cause; consent not required |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (constitutional protection of parental rights in termination contexts)
- In re Adoption of M.B., 131 Ohio St.3d 186 (2012) (petitioner must prove failure to communicate and lack of justifiable cause by clear and convincing evidence)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (defining burden allocation on communication/justifiable cause in adoption consent cases)
- In re Adoption of Bovett, 33 Ohio St.3d 102 (1987) (once petitioner shows failure to communicate, burden shifts to parent to show facially justifiable cause)