In re S.P.
2021 Ohio 4335
| Ohio Ct. App. | 2021Background
- S.P., born July 2018, was removed after Mother overdosed while babysitting children; Mother had an ongoing substance-abuse history and tested positive for multiple drugs. Father was identified as the putative father and later confirmed by genetic testing.
- CCDJFS placed S.P. with the maternal great-grandparents in March 2020; they sought legal custody and the agency later moved to modify temporary custody to legal custody. Father also moved for legal custody.
- At the March 2021 dispositional hearing, evidence showed Father had a history of substance abuse (initial positive cocaine screen), unstable housing and seasonal employment, incomplete treatment and case-plan requirements, and inconsistent visitation with S.P.
- The guardian ad litem and caseworker reported that S.P. was bonded to and thriving with the great-grandparents, who met the child’s needs and also had legal custody of S.P.’s half-sibling.
- The family court awarded legal custody to the great-grandparents and granted Father supervised visitation; Father appealed, arguing denial of his parental rights and of unsupervised visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether awarding legal custody to great-grandparents was an abuse of discretion | Father: court ignored child's best interest and GAL recommendation; denying his right to parent | CCDJFS/great-grandparents: legal custody is in child’s best interest given stability, bonding with caretakers, and Father’s incomplete case plan | Court: affirmed; preponderance of evidence supported best-interest finding and no abuse of discretion |
| Whether ordering supervised visitation (presence of great-grandparents) was an abuse of discretion | Father: supervised visits unnecessarily restrict parental visitation; requests unsupervised contact | CCDJFS/great-grandparents: supervision justified by Father’s substance-abuse history, unstable housing/employment, spotty visitation, and incomplete case plan | Court: affirmed; supervision appropriate under totality of circumstances |
Key Cases Cited
- In re A.F., 103 N.E.3d 1260 (juvenile court may award legal custody of child to non-parent when in child’s best interest)
- In re Nice, 141 Ohio App.3d 445 (preponderance standard for dispositional factual findings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard)
- In re S.A., 974 N.E.2d 1261 (juvenile court has broad discretion in disposition of dependent children)