2025 Ohio 2075
Ohio Ct. App.2025Background
- Appellant M.B. (mother) appealed the juvenile court’s order granting permanent custody of her minor child, T.B., to Cuyahoga County Division of Children and Family Services (CCDCFS), thereby terminating her parental rights.
- T.B. had been removed from mother’s care in September 2022 due to issues including substance abuse and lack of stable housing; the child had spent over two years in the agency’s custody.
- Mother had a lengthy history of substance abuse, homelessness, and previously lost custody of another child for similar reasons; engagement with service plans was sporadic and marked by relapses.
- By trial, mother had achieved approximately six to seven months of sobriety and new employment, but continued to lack stable, permanent housing and only recently secured a potential lease.
- The father did not contest or participate; no suitable relatives were available; T.B. was doing well in foster care, and the Guardian ad Litem recommended permanent custody to the agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sufficient evidence supported termination of rights | Evidence did not support termination | Mother’s chronic substance abuse, instability | Sufficient evidence supported termination |
| Whether termination was against manifest weight | Manifest weight favored mother | Pattern of relapse, instability, unmet needs | Not against manifest weight of the evidence |
| Whether best interests of child favored permanent custody | Bond existed, progress made | Need for stability outweights bond | Best interests favored permanent custody |
| Whether due process rights were violated | Cited constitutional protections | No constitutional violations; statutory basis | No constitutional violation found |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (standard for clear and convincing evidence in civil cases)
- Schiebel, 55 Ohio St.3d 71 (reviewing sufficiency of evidence in juvenile cases)
- Ford v. Osborne, 45 Ohio St. 1 (standards for sufficiency)
- In re Schaefer, 2006-Ohio-5513 (no single best-interest factor outweighs others)
- Myers v. Garson, 66 Ohio St.3d 610 (appellate courts will not reverse a correct judgment because of erroneous reasons)