In re K.H.

895 N.E.2d 809, 119 Ohio St. 3d 538
CourtOhio Supreme Court
DecidedSeptember 30, 2008
DocketNo. 2007-2454
StatusPublished
Cited by254 cases

This text of 895 N.E.2d 809 (In re K.H.) 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 K.H., 895 N.E.2d 809, 119 Ohio St. 3d 538 (Ohio 2008).

Opinions

O’Connor, J.

{¶ 1} Appellants, Todd H. and Sarah H., appeal from the judgment of the Sixth District Court of Appeals that affirmed the order of the Lucas County Court of Common Pleas, Juvenile Division, terminating their parental rights to then-daughter, K.H., who was born in 2002, and son, J.H., who was born in 2004.

{¶ 2} For the following reasons, we affirm.

Relevant Background

{¶ 3} On March 4, 2005, the juvenile court granted the ex parte request of Lucas County Children Services (“LCCS”) for emergency shelter care of J.H., then four months old, after he was diagnosed with a subdural hematoma consistent with shaken-baby syndrome. LCCS’s complaint in dependency, neglect, and abuse, filed on March 7, 2005, averred that J.H. was dirty when emergency medical workers transported him to the hospital.

[539]*539{¶ 4} LCCS’s complaint sought temporary-custody orders for J.H., K.H., and J.E.1 All three children were removed from appellants’ home in early March and placed in the temporary custody of relatives or LCCS. K.H. and J.E. were later found to be dependent, and J.H. was found to be dependent and abused; appellants consented to the findings of dependency. None of the three children resided in appellants’ home after the temporary-custody arrangements of March 2005 were established.

{¶ 5} LCCS also alleged in the complaint that Todd was a registered sex offender. After temporary-custody arrangements were made, LCCS continued to investigate the family. Based on that investigation, LCCS filed a motion for permanent custody on May 2, 2006.

{¶ 6} During its investigation, LCCS found that in March 1991, Todd was indicted on 14 charges for offenses he committed against two young boys, aged five and seven years. Those charges included multiple counts of gross sexual imposition, felonious sexual penetration, and illegal use of a minor in nudity-oriented materials.

{¶ 7} In a “victim impact letter” that Todd wrote in 2006 as part of a “relapse prevention plan,” Todd explained in great detail that he had chosen the victims because their families trusted him; that he “groomed” the boys he targeted for abuse by buying them presents, spending time with them, and telling them how much he loved them; and that he persuaded the boys to refrain from telling anyone about the acts. When the abuse was discovered, Todd denied that it had occurred and accused the boys and their mothers of lying.

{¶ 8} Todd pleaded guilty to two counts of gross sexual imposition and one count of illegal use of a minor in nudity-oriented materials and received an aggregate term of four to 15 years’ incarceration. However, Todd’s motion for shock probation was granted, and he was released from prison in January 1998. The conditions of his five-year probation included participating in a sexual-offender program, having no contact with his victims, and having no unsupervised conduct with minors. In addition, Todd was classified as a sexually oriented offender.2

[540]*540{¶ 9} While on probation, Todd was required to attend sexual-offender treatment (“SOT”). Although Todd’s probation was terminated as “successfully-completed” in January 2003, there was ample evidence that his success was purely administrative. Indeed, the evidence suggests strongly that Todd’s probation was terminated as “successful” merely because he technically had met all the conditions of probation set forth by the judge by attending group therapy sessions and paying court costs. Todd’s SOT, however, had been terminated as unsuccessful with an indication that his unwillingness or inability to benefit from therapy should be strongly considered by the court. Nancy Larson, Todd’s treating therapist for the five years he was on probation and an expert in SOT, testified at the permanent-custody hearing that rather than internalizing any therapeutic benefit from SOT, Todd refused to accept full responsibility for his actions and minimized his offenses, so that he was in a “pre-instructional therapy group” commonly called the “Deniers Group” during most of his probation and he never progressed into a full-fledged therapy group.

{¶ 10} In light of Todd’s history, LCCS’s case plan for reunification of the family addressed Todd’s pedophilia and his history of sexually abusing children. LCCS’s initial case plan, proposed on March 31, 2005, stated that Todd was a registered sex offender who had not completed treatment and did not “appear to have any remorse or thought for the crime he committed against a minor child.” It also stated that “Sarah doesn’t appear to have any concerns for her children or understand the seriousness of Todd’s crime.” The plan required Todd to undergo SOT and required Todd and Sarah to learn the indicators and triggers of sexual abuse.

{¶ 11} An amended case plan also stated that “[Todd] will learn the dynamics of sexual offending and he will not abuse any other individual. He will learn to show empathy for victims, and he will work through his issues successfully. [Todd] will complete SOT services with Unison Behavioral Health. He will follow all treatment recommendations. He will demonstrate progress.” (Emphasis added.)

{¶ 12} Todd at one point objected to SOT as “unnecessarily burdensome” but withdrew his opposition before the juvenile court ruled on his objection. The case plan was later approved by the juvenile court.

{¶ 13} A guardian ad litem (“GAL”) appointed to protect the children’s interests in the juvenile court proceedings recommended that KH.’s and J.H.’s temporary-custody arrangements continue. The GAL expressed concern for the children’s physical safety because of the serious nature of J.H.’s injuries and the inability to identify the perpetrator.3 He also expressed significant concern about [541]*541the ongoing risk of sexual abuse. The GAL reported that Todd continued “to display denial of his issues with sexual abuse” and concluded that the children “would not be safe in the * * * household at this time. Only time will tell if [Todd and Sarah] can show service providers that they have internalized the risks and concerns and can reduce the risks in their home so that it is a safe environment for [their children].”

{¶ 14} However, serious questions continued about any meaningful progress in appellants’ therapy and education. Moreover, the juvenile court was forced to remove K.H. from her temporary placement in her paternal grandparents’ custody after LCCS alleged that K.H.’s paternal grandmother left K.H. alone in the care of Todd and the paternal grandfather. The paternal grandmother had been required to supervise any contact between K.H. and Todd or the paternal grandfather, who had been accused of sexually molesting family members. LCCS was awarded temporary custody of K.H.

{¶ 15} LCCS later moved to obtain permanent custody because J.H.’s abuser remained unidentified, there were ongoing concerns about Todd’s pedophilia and his lack of meaningful treatment, and Todd and Sarah would not separate. In doing so, LCCS maintained that the home was too unsafe to allow for return of the children. LCCS also alleged that in December 2005, during a supervised visit, Todd had K.H. straddling his lap in a manner deemed inappropriate given his history of sexually abusing children.

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Cite This Page — Counsel Stack

Bluebook (online)
895 N.E.2d 809, 119 Ohio St. 3d 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kh-ohio-2008.