Summary
This Ohio Court of Appeals decision reviews the termination of a biological father's parental rights following a juvenile court's finding that his child was dependent and granting permanent custody to Franklin County Children Services. The appellate court reversed the trial court's judgment, holding that there was insufficient evidence to support a finding of neglect or dependence on the date the complaint was filed, which is a necessary prerequisite for awarding permanent agency custody. The opinion emphasizes the constitutional protections afforded to parents and the requirement that dependency determinations focus on the child's condition rather than solely on parental fault.
Topics
Practice areas
Questions Presented
- Whether the trial court’s finding of dependency and neglect was supported by clear and convincing evidence as required by R.C. 2151.04(C).
Holdings
- The trial court did not provide clear and convincing evidence that A.M. was a dependent child as of the filing of the complaint; therefore the judgments adjudicating A.M. as a neglected/dependent child and granting permanent custody to FCCS are reversed.
Key quotations
“The permanent termination of parental rights has been described as “ ‘the family law equivalent of the death penalty in a criminal case.’ ”” (¶ 48)
“[P]arents have a constitutionally‑protected fundamental interest in the care, custody, and management of their children.” (¶ 47)
Factual background
Father T.G. is the biological father of A.M., a child born in 2017. After DNA testing confirmed paternity, Father made weekly visits to A.M., later moved to therapeutic supervised visits. FCCS sought permanent custody, alleging neglect and dependency. The trial court found A.M. dependent and granted FCCS permanent custody.
Procedural history
The trial court adjudicated A.M. as a dependent child under R.C. 2151.04(C) and terminated the parental rights of both parents, granting permanent custody to FCCS. The appellant challenged the adequacy of the evidence supporting the dependency finding.