Summary
This is an unpublished per curiam opinion from the Ohio Tenth District Court of Appeals affirming the trial court's termination of the biological father's parental rights and grant of permanent custody to the children services agency. The court found that the father failed to substantially complete his case plan goals, particularly regarding safe housing, and that terminating his rights was in the best interest of the four-year-old child who had been in foster care for over four years.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in terminating the father's parental rights under the manifest weight of the evidence standard.
Holdings
- The appellate court affirmed the trial court’s termination of parental rights, finding the decision was supported by competent, credible evidence and was not against the manifest weight of the evidence.
Key quotations
“A trial court’s determination in a permanent custody case will not be reversed on appeal unless it is against the manifest weight of the evidence.” (¶ 14)
“Parents have a constitutionally protected fundamental interest in the care, custody, and management of their children, but parental rights are not absolute and may be terminated when it is in the best interest of the child.” (¶ 15)
Factual background
D.S. was removed from his parents in August 2018 due to the mother’s substance abuse and unstable housing. The child was placed in the custody of Franklin County Children Services. J.S., the biological father, intermittently visited the child, failed to complete case‑plan requirements, and could not provide safe, stable housing. The agency sought and obtained permanent custody after more than four years of continuous custody.
Procedural history
The trial court terminated J.S.'s parental rights and awarded permanent custody of D.S. to Franklin County Children Services after finding the child had been in agency custody for more than 12 of 22 consecutive months and that placement with the father was not in the child's best interest.