midpage
2021 Ohio 763
Ohio Ct. App.
2021
Read the full case

Background:

  • Nov. 2018: Police responded after father reported mother appeared under the influence; officers found drug paraphernalia accessible to the children, an unkempt home, and no food; both parents arrested for child endangering.
  • Juvenile court placed Z.C. (5) and L.C. (7) in emergency shelter care and then temporary custody with Huron County DJFS; children were placed with a foster family related to the father.
  • Mother admitted an abuse allegation; the court ordered substance-abuse and mental-health assessments and a reunification-focused case plan (substance abuse, domestic violence, housing, parenting, random drug screens, visitation, couples counseling).
  • Over 22 months DJFS provided services and referrals but parents repeatedly failed to complete treatment, experienced relapses and incarcerations, lived in inappropriate housing, and maintained unsafe associations; children exhibited significant trauma and received therapy.
  • Feb.–Mar. 2020: DJFS moved for permanent custody (including an amended motion alleging 12+ months of temporary custody in a consecutive 22-month period); foster parents wanted to adopt.
  • Sept. 2020 dispositional hearing: juvenile court found clear and convincing evidence under R.C. 2151.414(E) and (D) that the children could not be placed with the parents within a reasonable time and that granting permanent custody to DJFS was in the children’s best interests; mother appealed only the best-interests finding.

Issues:

Issue Plaintiff's Argument (Mother) Defendant's Argument (DJFS) Held
Whether the children cannot be placed with either parent within a reasonable time under R.C. 2151.414(E) Mother argued she complied with some treatment, attended visits, returned to work, and needed more time to continue counseling and provide a safe home DJFS argued parents repeatedly failed to remedy conditions despite reasonable case planning and efforts over 22 months (noncompliance, relapses, incarcerations, unstable housing) Court: Held there was clear and convincing evidence under R.C. 2151.414(E)(1) that parents failed continuously and repeatedly to remedy conditions; prong satisfied
Whether granting permanent custody to DJFS is in the children’s best interests under R.C. 2151.414(D) Mother argued bond with children and resumed visitation supported reunification prospects; contended children’s behaviors were due to reduced contact during COVID-19 DJFS pointed to children’s traumatic history, improved stability/bonding in foster home, need for legally secure placement, and GAL recommendation for termination Court: Held clear and convincing evidence supported best-interests finding (considering interaction, GAL wishes, custodial history, need for legally secure placement); affirmed permanent custody

Key Cases Cited

  • Cross v. Ledford, 161 Ohio St. 469 (1954) (defines the clear-and-convincing evidence standard)
  • In re C.F., 113 Ohio St.3d 73 (2007) (agency need only prove one R.C. 2151.414(E) factor to support finding that child cannot be placed with parent)
Read the full case

Case Details

Case Name: In re Z.C.
Court Name: Ohio Court of Appeals
Date Published: Mar 12, 2021
Citations: 2021 Ohio 763; H-20-020, H-20-021
Docket Number: H-20-020, H-20-021
Court Abbreviation: Ohio Ct. App.
Log In