In re T.P.
2016 Ohio 5780
Ohio Ct. App.2016Background
- CCDJFS filed dependency and temporary custody when newborn T.P. tested positive for amphetamines at birth; he and his older sister were placed in the same foster-to-adopt home.
- Mother’s reunification case plan required stable housing, income, mental-health and drug treatment, and parenting education; she completed substance-abuse treatment but showed ongoing instability and co-dependence with T.P.’s father (history of drug involvement and alleged domestic violence).
- T.P. suffered severe neonatal withdrawal and developmental delays but improved under foster parents’ care; foster family has been consistently providing medical and therapeutic services and has adopted the older sister.
- CCDJFS moved for permanent custody after T.P. had been in agency temporary custody for over 12 of 22 consecutive months; hearing evidence included testimony from the caseworker, foster mother, and guardian ad litem.
- Juvenile court found (1) statutory custody-duration element satisfied, and (2) by clear and convincing evidence permanent custody to CCDJFS was in T.P.’s best interest due to Mother’s inconsistent stability, ongoing concerns about Father’s influence, and the foster family’s proven, legally secure placement.
Issues
| Issue | Mother’s Argument | CCDJFS’s Argument | Held |
|---|---|---|---|
| Whether permanent custody to agency is in child’s best interest | Mother: recent completion of case plan and improved stability show she can provide legally secure placement | Agency: lingering concerns about mother’s mental-health/drug stability, Father’s influence, and inconsistent past caretaking; foster family offers stable, bonded placement | Court: Permanent custody to CCDJFS is in child’s best interest (granted) |
| Whether clear-and-convincing evidence supported termination of parental rights | Mother: agency concerns addressed; manifest weight/sufficiency lacking | Agency: evidence of dependency, custody duration, and best-interest factors satisfied | Court: Evidence met clear-and-convincing standard; decision not against manifest weight |
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)