In re S.M.
2019 Ohio 198
Ohio Ct. App.2019Background
- Four children (S.M., J.R., W.M., D.M.) were removed from parents' care after newborn D.M. tested positive for amphetamines/methamphetamines and parents admitted drug use; home was overcrowded, unsanitary, children had lice and were not enrolled in school.
- WCCS obtained emergency temporary custody on May 21, 2017; children remained in the same foster home and showed developmental improvement there.
- Parents stipulated to dependency; a case plan required drug/alcohol/mental-health assessments, random drug screens, parenting classes, stable housing, and services addressing domestic violence allegations.
- Parents failed to meaningfully participate: sporadic visits (none with more than three consecutive visits), ongoing substance use, suspended visitation, and no completion of case-plan services; Father had no contact since Nov. 2017, Mother since Jan. 2018.
- WCCS moved for permanent custody on April 30, 2018; juvenile court found parents had abandoned the children (no contact >90 days) and that permanent custody to WCCS was in the children’s best interests; trial court granted permanent custody.
- Parents appealed claiming insufficient evidence and manifest-weight error; appellate court affirmed.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to find parental abandonment under R.C. 2151.011(C) | Mother did not dispute abandonment but argued she lacked reasonable opportunity; also claimed illiteracy impeded case-plan compliance | Father argued it was unfair to treat suspended visitation as abandonment and that WCCS caused the lack of contact | Court: Sufficient evidence of abandonment — neither parent had contact >90 days; suspension resulted from parents’ actions and failures to comply, so abandonment finding upheld |
| Whether a grant of permanent custody was in the children’s best interests under R.C. 2151.414(D) | Mother argued she could not read/write and WCCS failed to help her; claimed inability to complete services should be excused | Father argued he had made efforts and a caseworker believed completion could be possible within six months | Court: Best-interest factors favored WCCS — children adapted to foster home, needs met, parents failed to remedy conditions (continuous substance abuse, unstable housing/employment), adoption by foster family likely; permanent custody affirmed |
| Whether appellate review should overturn juvenile court on sufficiency/manifest weight grounds | Parents claimed the evidence was insufficient and judgment against manifest weight | WCCS argued trial court credibility findings and evidence support permanent custody | Court: Deference to factfinder; evidence was susceptible to trial-court construction; no manifest miscarriage of justice found |
| Whether lack of parents’ compliance was excused by WCCS or parents’ personal limitations | Mother claimed WCCS didn’t aid or accommodations for illiteracy; Father claimed work schedule prevented participation | Court: Record showed WCCS provided assistance and explained plan; parents failed to avail themselves of services and did not substantially remedy removal causes | Court: Claims insufficient to excuse noncompliance; custody award proper |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (state must prove termination of parental rights by clear and convincing evidence)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review and deference to factfinder credibility determinations)