In re V.B.-S.
2013 Ohio 5448
Ohio Ct. App.2013Background
- Child V.B.-S., born 1998, was removed after substantiated abuse/neglect referrals; mother voluntarily placed him with a friend in 2010 and he later entered agency/foster care.
- Multiple professionals documented traumatic effects: diagnoses included depressive disorder, oppositional defiant disorder, and later PTSD; child expressed fear of mother and suicidal ideation if returned.
- Mother completed most case-plan tasks (anger management, parenting, individual counseling); family counseling could not proceed because the child’s counselor deemed it harmful.
- FCCS provided counseling, supervised visits, and casework; occasional visits occurred but ceased after Dec. 2011 when the child refused further contact.
- FCCS placed the child in a foster-to-adopt home where he bonded with the foster parents and expressed a desire to be adopted; FCCS moved for permanent custody after the child had been in agency custody more than 12 of 22 months.
- The juvenile court granted permanent custody to FCCS; mother appealed arguing (1) FCCS failed to make reasonable reunification efforts and (2) there was insufficient recent evidence that adoption was likely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FCCS made reasonable efforts to reunify child with mother | Mother: agency did not adequately pursue or modify the case plan given the child’s refusal to visit | FCCS: provided counseling, supervised visits, encouraged reunification, and did not force visits when harmful; court previously found reasonable efforts | Court: FCCS made reasonable, good-faith efforts; findings not against manifest weight of evidence |
| Whether court erred in granting permanent custody absent recent evidence adoption was likely | Mother: no recent proof adoption likely, so permanent custody inappropriate | FCCS: foster parents willing to adopt; likelihood of adoption is a relevant but nonrequired factor | Court: adoption likelihood not required; evidence showed adoption likely and permanent custody could be granted on best-interest grounds |
Key Cases Cited
- In re C.F., 113 Ohio St.3d 73 (2007-Ohio-1104) (state must show reasonable reunification efforts before terminating parental rights)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights are fundamental)
- In re Hayes, 79 Ohio St.3d 46 (1997) (parents entitled to procedural and substantive protections)
- In re T.R., 120 Ohio St.3d 136 (2008-Ohio-5219) (statutory framework does not require adoption-probability showing for permanent custody determination)