In re S.D.
2016 Ohio 7057
| Ohio Ct. App. | 2016Background
- Mother has two children; S.D. (b. 2014) was removed after Mother was arrested for child endangering and related charges in March 2015. Father was incarcerated at that time.
- S.D. was adjudicated dependent (June 4, 2015) and placed in foster care; moved to a foster-to-adopt home in November 2015 where the child showed developmental improvement and formed a bond.
- Mother has a history of substance abuse, failed to complete prior case plans, had intermittent incarceration, absconded to Georgia, and returned in March 2016 with a positive marijuana test and unstable housing/employment.
- SCDJFS filed for permanent custody (Feb. 12, 2016). Mother moved for change of legal custody to J.C., a maternal acquaintance/half‑sibling’s mother who had limited contact with S.D.
- At trial, the caseworker and GAL testified S.D. had no current bond with Mother, had bonded with the foster family, and further placement changes would likely be traumatic; trial court found reasonable case planning and Mother’s abandonment and granted permanent custody to SCDJFS (May 20, 2016).
Issues
| Issue | Mother’s Argument | SCDJFS’s Argument | Held |
|---|---|---|---|
| Whether SCDJFS proved by clear and convincing evidence that awarding permanent custody to SCDJFS is in S.D.’s best interest | Mother argued the court erred; permanent custody was not in child’s best interest | SCDJFS argued child’s need for a legally secure, permanent placement and bond with foster family favored permanent custody | Court affirmed: evidence supported best‑interest finding and permanent custody to SCDJFS |
| Whether trial court erred by denying change of legal custody to J.C. | Mother requested J.C. be granted legal custody; argued relative placement was preferable | SCDJFS and GAL argued J.C. had minimal contact, no established bond, and moving S.D. would cause trauma; foster family provided stability | Court held denial proper: insufficient contact/bond and GAL/foster placement favored stability; change not in child’s best interest |
Key Cases Cited
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (trial court advantage in observing witness demeanor)
- In re Awkal, 95 Ohio App.3d 309 (8th Dist. 1994) (court may not consider effect on parents when determining child’s best interest)