In re S.B.
2017 Ohio 1353
| Ohio Ct. App. | 2017Background
- S.B., born 2010, was adjudicated a dependent child after removal from her mother's custody due to the mother’s drug use; Father was a noncustodial parent and party to the proceedings.
- S.B. was placed in temporary custody with a maternal aunt (Aunt) in January 2014 and remained there throughout the case; Aunt had been a longtime caretaker and also cared for S.B.'s half-brother.
- Father initially had custody placement but was later removed after testing positive for cocaine; his case plan required substance-abuse assessment, treatment compliance, and drug testing.
- In June 2015 S.B. accused Father of inappropriate touching; the allegation was unsubstantiated (no physical evidence) and a trauma specialist suggested possible coaching, but the guardian ad litem believed the child had not fabricated the account.
- CSB moved to place S.B. in Aunt’s legal custody; Father alternatively sought legal custody. At the dispositional hearing the court awarded legal custody to Aunt.
- Father appealed, arguing the court erred because it should have first found him unfit before awarding custody to a nonparent. The Ninth District affirmed.
Issues
| Issue | Father’s Argument | Opposing Argument | Held |
|---|---|---|---|
| Whether court had to find a noncustodial parent unfit before awarding legal custody to a nonparent | Father: As a presumptively fit noncustodial parent, the court had to make an In re Perales unfitness finding before granting custody to Aunt | State/CSB: After an adjudication of dependency, the court need only decide the child’s best interest; no separate unfitness finding for a noncustodial parent is required | Court: Rejected Father; In re C.R. controls — no separate unfitness finding required; focus is best interest of the child |
| Whether awarding legal custody to Aunt was against the manifest weight of the evidence | Father: Aunt may have coached S.B.; Father argued the allegation undermined Aunt’s suitability and favored his custody | CSB/Guardian/Court: Evidence showed Father failed to comply with substance-abuse requirements, had minimal visitation (once in 4 months; left a short visit), while Aunt provided stable, bonded, long-term care; child preferred to remain with Aunt | Court: Held custody to Aunt was supported by best-interest factors and not against the manifest weight of the evidence |
Key Cases Cited
- In re Perales, 52 Ohio St.2d 89 (Ohio 1977) (articulates rule regarding awarding custody of a child of a fit parent to a nonparent)
- In re C.R., 108 Ohio St.3d 369 (Ohio 2006) (after dependency adjudication the juvenile court need not make a separate finding that a noncustodial parent is unsuitable before awarding custody to a nonparent)