In re T.S.
2012 Ohio 2401
| Ohio Ct. App. | 2012Background
- DSS filed for temporary custody of T.S., K.S., M.S., and B.S. alleging neglect and dependency; mother Stacey Jones and father Thomas Smith, Jr. named.
- Court placed children in temporary custody of TCJFS; July 2010 judgment found neglect/dependency and kept custody with agency.
- Visitation between mother and children suspended on December 6, 2010.
- April 2011 motion by TCJFS for permanent custody; May 2011 mother sought reinstatement of visitation; hearings held in 2011; June 2011 visitation motion were denied.
- September–October 2011 hearings resulted in trial court granting permanent custody to TCJFS for T.S., K.S., M.S.; B.S. permanent custody/petition addressed separately.
- Appellant timely appealed, challenging visitation denial, agency efforts, and termination of parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reinstatement of visitation | Jones sought visitation reinstatement. | Agency claimed visitation remained unsuitable due to children's responses. | Denial affirmed; visitation within trial court discretion. |
| Reasonable efforts to reunify | Agency failed to prevent removal or promote return home. | Agency made reasonable efforts with evaluations and services. | Supported; court found reasonable efforts and extensive services. |
| Evidence supporting permanent custody | Clear and convincing evidence supports reunification; trial weight was improper. | Evidence supports permanent custody given diagnoses and risk. | Supported; findings supported by clear and convincing evidence. |
| Best interests of B.S. | B.S. could be safely returned to mother. | B.S. should not be returned due to mother's ongoing issues; needs stable placement. | Not in best interest to return; permanent custody affirmed for B.S. |
| Confrontation/hearsay issues | Appellant claimed procedural due process violations from hearsay evidence. | Record sufficiently supported by admissible evidence; no constitutional violation. | No reversible error; assignment of error denied. |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (1954) (clear-and-convincing standard definition)
- C.E. Morris Co. v. Foley Construction, 54 Ohio St.2d 279 (1978) (summary judgment standards in Ohio)
- In re Whaley, 86 Ohio App.3d 304 (1993) (visitation decisions within trial court's discretion)