2023 Ohio 334
Ohio Ct. App.2023Background
- Three children (Kathryn b.2016, Wendell b.2017, Kristen b.2020) were removed in Oct. 2020 after reports including positive drug tests of mother/infant and a suspected injury to Kathryn; placed together in the same foster home.
- Mother had a case plan requiring SAMI/mental-health/domestic-violence assessments, treatment, stable housing, employment, and supervised visitation; her attendance and compliance were sporadic and she repeatedly tested positive for controlled substances.
- Ex‑Boyfriend (father of Kathryn and Wendell) was incarcerated throughout proceedings; Kristens’s alleged father (Boyfriend) failed to complete paternity testing or the case plan and tested positive for drugs when tested.
- BCDJFS filed for permanent custody in Jan. 2022; trial before a magistrate occurred May 18, 2022; magistrate awarded permanent custody to the agency June 21, 2022; juvenile court adopted the decision; Mother appealed.
- At trial the children were found bonded to foster parents, had special needs (IEPs, therapy), and had been in agency custody for more than 12 of the most recent 22 months; Mother’s limited compliance shortly before trial was deemed insufficient to defeat permanent custody.
Issues
| Issue | Mother’s Argument | BCDJFS/Respondent’s Argument | Held |
|---|---|---|---|
| Service on Ex‑Boyfriend and “John Doe” father | Trial court erred because the fathers were not properly served with the permanent custody motion | Service was properly effected (publication/posting for John Doe; multiple attempts and post‑trial perfection for Ex‑Boyfriend); in any event Mother waived challenge and has no standing/prejudice | Overruled: Mother waived/failed to preserve the issue; record shows publication and attempted service; Mother did not show prejudice |
| Permanent custody: sufficiency/manifest weight (best‑interest) | Mother was making progress and was in substantial compliance at trial; she needed more time to reunify | Mother’s compliance was sporadic and too recent; ongoing substance use, inconsistent visitation, and failure to remediate conditions justified termination; children need permanency | Affirmed: Clear and convincing evidence supported best‑interest finding; mother’s brief pretrial compliance was too little, too late |
| Statutory second prong (12 of 22 months) | (not contested on appeal) | Agency showed children were in custody from Oct. 2020 through trial (more than 12 of 22 months) | Affirmed: 12‑of‑22 statutory ground established and not challenged |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parental‑rights termination requires proof by clear and convincing evidence)
- Note: The opinion primarily cites unpublished Ohio appellate/slip decisions and local district rulings (no officially reported Ohio appellate cases were cited with reporter citations in the opinion).