2018 Ohio 2404
Ohio Ct. App.2018Background
- CCDCFS obtained temporary custody of infant S.F. in Jan 2016 after parents failed to address heroin addiction, domestic violence, and the child’s medical needs. Parents did not contest temporary custody.
- CCDCFS developed case plans for both parents; neither complied and neither could care for S.F.
- Mother asked that maternal aunt N.K. receive legal custody; agency initially approved placement but later withdrew approval citing financial instability, lack of documentation of income, and concerns about N.K.’s ability to provide needed care for S.F. (including home repairs and pet odors affecting allergies/asthma).
- Evidence showed S.F. was bonded with foster parents, thriving in their care, and had been in agency custody 23 months at time of trial. N.K.’s visits showed limited engagement with the child.
- CCDCFS moved to modify temporary custody to permanent custody; the guardian ad litem and CCDCFS recommended permanent custody to CCDCFS; trial court granted permanent custody. Mother appealed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CCDCFS) | Held |
|---|---|---|---|
| Whether ICWA procedures were required before holding permanent custody hearing | Mother: Trial court failed to comply with 25 U.S.C. §1912 and should have inquired directly of parents/established Indian-child status | CCDCFS: Caseworker and court inquired on the record and found no Native American ancestry; Mother (with counsel) did not object or offer contrary information | Court: No ICWA violation; Mother failed to prove child is an "Indian child" and did not object when court found no ancestry |
| Whether awarding permanent custody to CCDCFS was in child’s best interest under R.C. 2151.414 | Mother: Agency failed to prove by clear and convincing evidence that termination of parental rights was in S.F.’s best interest; N.K. could provide a placement | CCDCFS: Child had been in agency custody >12 of 22 months, was bonded to foster parents, parents remained unable/unwilling to remedy substance abuse/domestic-violence issues; N.K. lacked stable finances and bond with child | Court: Affirmed permanent custody to CCDCFS — multiple R.C. 2151.414(D) factors (bonding, custodial history, child’s need for legally secure placement, GAL’s recommendation) supported award |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (Ohio 1954) (defines the "clear and convincing" evidence standard)