In re C.F.

113 Ohio St. 3d 73
CourtOhio Supreme Court
DecidedMarch 28, 2007
DocketNo. 2006-0503
StatusPublished
Cited by583 cases

This text of 113 Ohio St. 3d 73 (In re C.F.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re C.F., 113 Ohio St. 3d 73 (Ohio 2007).

Opinions

Lundberg Stratton, J.

{¶ 1} This matter comes to us on review of an order by the Eighth District Court of Appeals certifying a conflict. We determined that a conflict exists and ordered that the parties brief the following issues:

{¶ 2} 1. “Whether a reasonable efforts determination is required in motions for permanent custody filed pursuant to R.C. 2151.413.”

{¶ 3} 2. “Whether a trial court abuses its discretion by denying a request for an in camera interview in a permanent custody determination when there is nothing in the record to indicate that having the children testify would have been detrimental to them or that they did not desire to testify.”

{¶ 4} In response to the first question, we hold that, except for some narrowly defined statutory exceptions, the state must make reasonable efforts to reunify the family before terminating parental rights. If the agency has not already proven reasonable efforts, it must do so at the hearing on a motion for permanent custody. However, the specific requirement to make reasonable efforts that is set forth in R.C. 2151.419(A)(1) does not apply in an R.C. 2151.413 motion for permanent custody.

{¶ 5} We answer no in response to the second question. R.C. 2151.414(D)(2) requires that the court consider “[t]he wishes of the child, as expressed directly by the child or through the child’s guardian ad litem, with due regard for the maturity of the child.” The statute does not also require that the trial court consider whether the parent wants the child to be heard, whether the child wishes to speak, or whether testifying would be detrimental to the child.

{¶ 6} Applying these principles to this case, we reverse the judgment of the court of appeals.

Facts and Procedural History

{¶ 7} Deborah Ness and appellee, Wayne Foster, are the biological parents of C.F. (born March 3,1994) and S.F. (born July 10, 1996). On October 7, 2002, the appellant, Cuyahoga County Department of Children and Family Services (“CCDCFS”), filed a complaint alleging that C.F. and S.F. were neglected children. The complaint alleged that the mother had a history with both CCDCFS and Nevada Family Service authorities of domestic violence and alcohol abuse and that she had fled authorities in Nevada with her children and returned to Ohio. The complaint also alleged that the mother’s alcohol abuse impaired her [75]*75ability to care for the children and that the father was terminally ill with cirrhosis of the liver. CCDCFS moved for predispositional temporary custody pursuant to R.C. 2151.33(B)(1)(a) and (b) and Juv.R. 13(B)(2)(b) and (c).

{¶ 8} On October 9, 2002, a magistrate ordered the children committed to the emergency care and custody of CCDCFS. The magistrate concluded that the agency had probable cause to remove the children from the home pursuant to R.C. 2151.31(A)(3)(b),1 and that before removing them, it had made reasonable efforts pursuant to R.C. 2151.419 to prevent their removal from the home, to eliminate the need for their continued removal, or to make it possible for them to return home.

{¶ 9} The agency prepared and filed a case plan to reunify the children with both parents. The plan included finding stable housing, counseling to prevent domestic violence, and teaching parenting skills. The magistrate excused the father from participating in the counseling because of his health.

{¶ 10} On January 15, 2003, the court adjudged the children to be neglected and committed them to the temporary custody of CCDCFS. Both parents attended the adjudication hearing.

{¶ 11} Beginning in March 2003, the agency began to plan to reunify the children with their father. He appeared at a court hearing and represented that the mother had previously given the court inaccurate information about him. As a result, on April 21, 2003, the court approved an amended case plan to focus on reunification with the father. The court noted that the mother had failed to comply with the case plan. The court ordered that the father was not to allow the mother to participate in the children’s visits with their father.

{¶ 12} The agency began to accelerate the father’s visitation with the children and arranged for him to become more involved with the children’s schedules and with the foster parents with the goal of reunification by June 21, 2003. In June 2003, a domestic-violence incident allegedly occurred between the parents in the presence of the children. This caused the agency to interrupt reunification efforts with Foster. Instead, the agency offered alcohol and drug assessment and treatment to him. However, Foster was soon incarcerated for domestic violence and was not in touch with the agency for several months.

{¶ 13} On October 2, 2003, CCDCFS filed a motion pursuant to R.C. 2151.413 to modify temporary custody to permanent custody. CCDCFS attached an [76]*76affidavit from Pam Cameron, CCDCFS social service supervisor, who stated that the children could not or should not be placed with either parent within a reasonable period of time and that it would be in the best interest of the children to award permanent custody to CCDCFS. Cameron also stated that CCDCFS had made reasonable efforts to reunify the family by attempting to assist the parents in completing their case plans, by making referrals for services, and by facilitating a visitation schedule.

{¶ 14} The agency conducted a semiannual case review on December 1, 2003, and filed an amended case plan with the court on January 20, 2004. The sobriety of both parents was a concern of the agency. The report from the review documented Foster’s lapse in June and his participation in Alcoholics Anonymous meetings in October and November 2003. The report also reflected that Foster had obtained permanent housing. The report documented the mother’s completion of parenting classes and her failure to get treated for substance abuse.

{¶ 15} In August 2004, the court conducted a hearing on the motion to modify temporary custody to permanent custody. The mother voluntarily relinquished her parental rights and consented to permanent custody to CCDCFS. The court acknowledged that the parents were now divorced. The case proceeded as to the father’s parental rights.

{¶ 16} Following the hearing, the trial court concluded that the agency had proven by clear and convincing evidence that permanent custody was in the children’s best interest and that the children could not and should not be placed with either parent within a reasonable time. The court ordered permanent custody of C.F. and S.F. to CCDCFS.

{¶ 17} Foster appealed the decision to the Eighth District Court of Appeals. The appellate court concluded that the trial court had abused its discretion in concluding that CCDCFS had used reasonable efforts to reunify the children with their father and in not allowing the children to testify. The appellate court reversed the grant of permanent custody and remanded the cause to the trial court.

{¶ 18} The court of appeals also certified a conflict as to the first issue between its decision and In re Stevens (July 16, 1993), Montgomery App. No. 13523, 1993 WL 265130; In re Lawson/Reid Children (Apr. 18, 1997), Clark App. No. 96-CA-0010, 1997 WL 189379; In re Cook, Seneca App. No. 13-02-29, 2003-Ohio-868, 2003 WL 548484; In re Efaw (Apr. 21, 1998), Athens App. No. 97CA49, 1998 WL 224905; In re Leitwein, Hocking App. No. 03CA18, 2004-Ohio-1296, 2004 WL 540925; In re Guisinger

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Cite This Page — Counsel Stack

Bluebook (online)
113 Ohio St. 3d 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cf-ohio-2007.