In re S.D.
2014 Ohio 156
Ohio Ct. App.2014Background
- S.D. is the youngest child of the biological mother, whose case was heard in the Butler County Juvenile Court seeking permanent custody by the agency.
- BCCS had been involved with appellant since 1992 due to concerns about the family and prior proceedings involving her older children.
- Prior to S.D.’s birth, two older siblings were removed and placed with a relative; S.D. was born July 29, 2011, and a dependency case was opened at birth.
- Paternity for S.D. was undetermined; testing excluded the named men; concerns about the mother’s stability and ability to parent continued.
- A case plan with services (counseling, parenting education, psychiatric evaluation, developmental services) was offered; progress was limited and the plan was not fully completed.
- The agency filed for permanent custody on October 4, 2012; a magistrate granted it, and the trial court later overruled objections and affirmed permanent custody to the agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction of the juvenile court | Mother contends Butler County lacked residence-based jurisdiction at birth. | Agency/State argued county where child resided and where removal occurred had jurisdiction; habitual transient behavior possible. | Jurisdiction proper; Butler County retained jurisdiction despite mobility. |
| Best interest and statutory criteria for permanent custody | Mother claims she complied with the case plan and maintains a bond with S.D.; permanent custody not in best interest. | Agency argued child’s need for legally secure placement and inability of mother to remedy conditions supported permanent custody. | Permanent custody to agency affirmed; clear and convincing evidence supported best interest and eligibility under R.C. 2151.414. |
Key Cases Cited
- In re J.J., 111 Ohio St.3d 205 (2006-Ohio-5484) (juvenile court credibility and jurisdiction considerations)
- In re W.W., 190 Ohio App.3d 653 (2010-Ohio-5305) (venue and habitual residence considerations in dependency cases)
- In re G.N., 170 Ohio App.3d 7 (2007-Ohio-126) (credibility determinations are for the juvenile court)
- In re B.J., 2012-Ohio-3127 (12th Dist. Butler No. CA2011-10-192) (appellate review of credibility and weight of evidence in custody decisions)
- In re C.B. et al., 2008-Ohio-5543 (12th Dist. Butler) (evidentiary consideration in permanency decisions)