In re T.H.
2018 Ohio 1143
Ohio Ct. App.2018Background
- T.H., a minor, was removed from his parents after a 2014 police drug investigation; he was placed with a paternal cousin (Cousin) and adjudicated a dependent child.
- CSB sought legal custody for Cousin; T.H. lived with Cousin throughout the case and formed a strong bond there.
- Mother was incarcerated for much of the relevant period, had a lengthy criminal/substance-abuse history, limited in-person contact with T.H., and was on probation/house arrest at times.
- CSB filed motions for legal custody; interlocutory appeals temporarily stayed some proceedings, and a final juvenile-court judgment granting legal custody to Cousin was entered October 20, 2017.
- Mother appealed raising four assignments of error: (1) loss of jurisdiction due to expired temporary custody; (2) trial court failed to rule on motions; (3) legal-custody decision unsupported by evidence; (4) CSB failed to use reasonable reunification efforts.
- The Ninth District Court of Appeals affirmed the juvenile court, rejecting each assignment of error and ordering costs to mother.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (CSB/Court) | Held |
|---|---|---|---|
| 1. Jurisdiction after temporary custody sunset | Trial court lost jurisdiction because the temporary custody order expired before the legal-custody hearing | Temporary custody effectively continued due to pending motions and interlocutory appeals; jurisdiction retained | Court held juvenile court retained jurisdiction; R.C. provisions and In re Young Children support continuation |
| 2. Failure to rule on motions | Trial court failed to explicitly rule on motions to dismiss and on mother’s legal-custody motion | Court explicitly denied motion to dismiss; granting legal custody to Cousin implicitly denied mother’s custody motion; failure to rule presumed denial | Court found motions were decided (explicitly or implicitly); no error |
| 3. Sufficiency of evidence for legal custody | Mother argued evidence did not support granting legal custody to Cousin; cited her partial case-plan compliance | CSB/guardian ad litem pointed to Cousin’s long-term stable care, T.H.’s bond and adjustment, mother’s limited contact, substance/mental-health concerns | Court held best-interest factors supported legal custody to Cousin; decision not an abuse of discretion |
| 4. Reasonable reunification efforts by CSB | Mother argued CSB did not use reasonable efforts to reunify her with T.H. | CSB documented communications during incarceration, reviewed prison programs, and actions after release; some limitations due to incarceration and mother’s refusal to sign releases | Court found CSB made reasonable efforts under the circumstances; no error |
Key Cases Cited
- In re Young Children, 76 Ohio St.3d 632 (Ohio 1996) (passing of temporary-custody sunset date does not automatically divest juvenile court of jurisdiction; court retains jurisdiction unless underlying problems resolved)