In re W.H.
2016 Ohio 8206
Ohio Ct. App.2016Background
- Marion County Children Services removed seven children from parents Laura Horn (Mother) and James Wise, Jr. (Father) after inspections and reports showed the home was insanitary, structurally unsafe, and infested with cockroaches; the department of health had at one point declared the home uninhabitable.
- Agency placed the children in foster care (two foster placements) in late 2013–early 2014; a case plan required parents to remediate housing, complete assessments/treatment, parenting classes, and submit to inspections and drug screens.
- Over ~2½ years the parents made only sporadic progress: they missed many visits (39/123 visits with older children; 22/111 with triplets), often refused interior inspections, and Father repeatedly tested positive on drug screens and refused some recommended services; Mother had disabilities/SSI and inconsistent compliance.
- Medical/developmental needs of the older children were largely unaddressed while with parents but improved in foster care after Agency-provided services.
- Agency moved for permanent custody in May 2015; the GAL recommended Agency custody. The juvenile court granted permanent custody March 28, 2016. Parents appealed, arguing (inter alia) lack of reasonable efforts, insufficient evidence for permanent custody, and GAL inadequacy.
Issues
| Issue | Plaintiff's Argument (Appellants) | Defendant's Argument (Agency / Trial Court) | Held |
|---|---|---|---|
| Sufficiency / manifest weight of evidence for permanent custody | Trial court lacked clear-and-convincing evidence to find children cannot/should not be placed with parents and that permanent custody is in children’s best interest | Record shows persistent hazardous home conditions, parents’ failure to remediate, poor visitation, and unaddressed medical needs—supporting findings under R.C. 2151.414(E) and best-interest factors | Affirmed: competent, credible evidence supported permanent custody and best-interest findings |
| Reasonable efforts / case planning by Agency | Agency did not make reasonable efforts or pursue kinship placement and failed to facilitate increased visitation when placard removed | Agency provided ongoing case planning, offered services, transportation assistance, explored housing and kinship, and parents resisted inspections and assistance | Affirmed: Agency’s efforts were reasonable and case plan not deficient |
| Guardian ad litem performance | GAL failed to conduct an adequate independent investigation per Sup.R. 48 and his report/testimony should have been stricken or he discharged | GAL visited home, reviewed records, attended hearings, observed children, and testified; any procedural shortcomings did not prejudice outcome | Affirmed: court properly considered GAL report/testimony; any GAL deficiencies were not shown to be prejudicial |
| Children’s wishes and best-interest consideration | Court failed to ascertain or properly consider children’s wishes and R.C. 2151.414(D) factors | GAL testified children (ages 2–8) were immature to state wishes; court considered interaction, custodial history, medical needs, and need for permanent placement | Affirmed: court considered required best-interest factors; lack of direct child testimony did not reverse outcome |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (discussion of quantum of proof)
- State v. Schiebel, 55 Ohio St.3d 71 (standard for appellate review of sufficiency/credibility)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (competent, credible evidence standard)
- Davis v. Flickinger, 77 Ohio St.3d 415 (deference to trial court on credibility in family cases)