2014 Ohio 5075
Ohio Ct. App.2014Background
- S.P., born March 4, 2012, was removed from his parents after concerns about missed medical appointments, underweight status, lack of car-seat use, and mother’s sleepiness and delusional/paranoid behavior. Temporary custody was placed with Lucas County Children Services (LCCS) and the child was placed with a maternal relative.
- Mother was diagnosed with a psychotic disorder (nonbizarre delusions), attended psychiatric appointments sporadically (30–40% attendance), often refused medication, and repeatedly denied or minimized her mental-health issues.
- LCCS implemented a reunification case plan; parenting classes were not provided until mother acknowledged and engaged in treatment because staff believed she lacked insight into her diagnosis.
- Mother had supervised visits and repeatedly complained of bruises/abuse that investigations did not substantiate. She also demonstrated misunderstanding of the child’s feeding and medical needs and discarded prescribed nutritional supplement.
- At the permanent-custody hearing LCCS, the guardian ad litem, and treating clinicians testified mother had persistent delusions and lacked insight; they recommended permanent custody. The juvenile court granted LCCS permanent custody and terminated parental rights. Mother appealed.
Issues
| Issue | Mother's Argument | LCCS/Court Argument | Held |
|---|---|---|---|
| Whether termination was against the manifest weight of the evidence because LCCS failed to make reasonable reunification efforts and mother substantially complied with the case plan | Mother argued LCCS failed to provide an interactive parenting class (which would have remedied the issues) and thus did not exercise reasonable case planning; she claims substantial compliance | LCCS contended parenting classes were withheld due to mother’s refusal to acknowledge or treat her psychotic disorder, she was noncompliant with therapy and medication, and her chronic mental illness made her unable to parent presently or within a year | Affirmed. Court found competent, credible evidence that mother suffered chronic mental illness (R.C. 2151.414(E)(2)) and had not remedied conditions (R.C. 2151.414(E)(1)). Any error on E(1) was harmless because E(2) independently supported permanent custody. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (recognition of parents’ fundamental liberty interest in the care and custody of their children)
- Stanley v. Illinois, 405 U.S. 645 (parents’ rights and protection of family unit)
- In re Williams, 75 Ohio St.3d 95 (permanent-custody standard under R.C. 2151.414)
- Karches v. Cincinnati, 38 Ohio St.3d 12 (presumption in favor of trial court findings; reasonable presumptions in favor of judgment)
- In re Brown, 98 Ohio App.3d 337 (deference to trial court as trier of fact)