In re T.S.
2015 Ohio 4885
Ohio Ct. App.2015Background
- Mother K.F. gave birth to T.S. on Nov. 14, 2014; both tested positive for cocaine at delivery. CSB obtained interim custody the same month and filed for permanent custody.
- Mother did not attend key hearings, was found to have waived counsel, and appellate counsel later moved to withdraw under Anders.
- Mother has an extensive prior child-welfare history: permanent custody of an older child (Ka.F.) was awarded to CSB a month before this hearing, and parental rights were previously terminated as to five other siblings in Michigan/Ohio.
- Caseworkers and providers testified to longstanding, severe substance abuse, inconsistent participation in services, failed/uncompleted treatment (discharged from Unison), housing instability, and mental-health issues.
- The juvenile court adjudicated T.S. dependent and abused, found three R.C. 2151.414(E) factors by clear and convincing evidence (failure to remedy conditions/case-plan noncompliance; chronic chemical dependency; prior involuntary terminations), and awarded permanent custody to Lucas County CSB as in T.S.’s best interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the permanent-custody award was against the manifest weight of the evidence | K.F. argued termination was against manifest weight; she asserted recent sobriety, housing, employment, and treatment engagement | CSB argued clear-and-convincing evidence showed R.C. 2151.414(E) factors (case-plan noncompliance, chronic chemical dependency, prior terminations) and best-interest factors favor permanent custody | Court held award was not against the manifest weight; found three E-factors proven and permanent custody in T.S.’s best interest |
| Whether trial procedures (service, counsel waiver) prejudiced mother | Mother implicitly contended her circumstances supported reunification; raised no procedural claim on appeal | CSB and court noted service was proper, mother repeatedly declined to attend, and she waived counsel; trial counsel withdrawn | Court found no prejudicial procedural error; mother had notice and opportunity but did not participate |
| Sufficiency of evidence to find inability to place child with parent within reasonable time (R.C. 2151.414(B)(1)(a)) | Mother relied on claimed recent improvements (sober two months, housing, employment) | CSB relied on history of relapse, failed treatment engagement, unstable housing, and prognostication that she could not provide a permanent home within one year | Court accepted CSB’s evidence as competent and credible and sustained the R.C. 2151.414(E) findings |
| Best-interest determination under R.C. 2151.414(D)(1) | Mother argued changed circumstances justify reunification | CSB and GAL emphasized child’s young age, need for legally secure placement, mother’s history, and professionals’ recommendations | Court found, by clear and convincing evidence, permanent custody served T.S.’s best interests |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure when appointed counsel seeks to withdraw for frivolous appeal)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parental custody is a fundamental liberty interest)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (manifest-weight review standards)
- In re K.H., 119 Ohio St.3d 538 (Ohio 2008) (permanent custody requires clear-and-convincing proof)
- In re C.F., 113 Ohio St.3d 73 (Ohio 2007) (parental rights and required protections)
- In re Alyssa C., 153 Ohio App.3d 10 (Ohio App. 2003) (review of permanent custody manifest-weight standard)
- In re Hayes, 79 Ohio St.3d 46 (Ohio 1997) (procedural/substantive protections for parents in termination proceedings)