In re Schmidt

496 N.E.2d 952, 25 Ohio St. 3d 331, 25 Ohio B. 386, 1986 Ohio LEXIS 734
CourtOhio Supreme Court
DecidedAugust 13, 1986
DocketNos. 85-473, 85-489 and 85-496
StatusPublished
Cited by121 cases

This text of 496 N.E.2d 952 (In re Schmidt) 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 Schmidt, 496 N.E.2d 952, 25 Ohio St. 3d 331, 25 Ohio B. 386, 1986 Ohio LEXIS 734 (Ohio 1986).

Opinions

Per Curiam.

Each of the appellants herein raises an issue or issues that will be addressed in this opinion. First, Robert D. Smith, Sr. contends that the juvenile court order that permanently terminated his parental rights with regard to his son, Robert Smith, Jr., was not supported by clear and convincing evidence. The juvenile court was required to determine (1) whether the welfare department had made a “good faith effort” to implement a family reunification plan, R.C. 2151.414(A)(1); (2) whether the parent had “acted in such a manner that the child is a child without adequate parental care, and will continue to act in the near future in such a manner that the child will continue to be a child without adequate parental care,” R.C. 2151.414(A)(2); and (3) whether it was “in the best interest of the child to permanently terminate parental rights,” R.C. 2151.414(A)(3). Upon consideration of the answers to the foregoing questions and of the child’s custodial history, the juvenile court was authorized to grant permanent custody of Robert Smith, Jr. to the welfare department if clear and convincing evidence supported a finding that Robert, Jr. was (at the time of the hearing) and would continue to be (in the near future) “a child without adequate parental care.” R.C. 2151.414(B).

We believe that clear and convincing evidence does support the order terminating Robert Smith, Sr.’s parental rights. The record reveals that, pursuant to the Cuyahoga County Welfare Department’s family reunification plans, Robert, Sr. received a variety of services — including evaluation of, and counseling for, his alcoholism. These services continued up until Robert, Sr.’s incarceration following his conviction of gross sexual imposition; and, even after Robert, Sr.’s imprisonment, a county social worker contacted the prison’s social worker in order to supply information regarding Robert, Sr.’s background and need for continued support services.

In spite of the services provided to Robert, Sr., he was unable to control his alcoholism; and, after his son and stepdaughters were removed from his home, he continued to physically abuse his wife, causing her to seek shelter in a home for battered women in February and June-July 1982. Robert, Sr.’s son, Robert Smith, Jr., was removed from his parent’s custody in 1981 at the age of eight months, and he apparently has lived with only one set of foster parents during the time that he has been in the custody of the welfare department. Robert, Jr.’s prospects for adoption were described as “excellent.”

The foregoing evidence satisfies the requirement that “clear and convincing evidence” support a termination of parental rights. The record reveals that Robert, Sr. was an alcoholic, who could not control his abuse of alcohol. Robert, Sr. sexually abused his stepdaughters; and he physically abused his wife,1 even after his stepdaughters and son had been removed from Robert, Sr.’s home as a result of his behavior. Robert, Sr.’s [334]*334counselors did not believe that he would be able to control either his alcoholism or his abusive behavior in the near future. As such, Robert Smith, Jr. properly was adjudged “a child without adequate parental care,” and Robert Smith, Sr.’s parental rights properly were terminated.

The second appellant herein, Donna Smith, also contends that the order terminating her parental rights was not supported by clear and convincing evidence. We disagree with this contention.

Like Robert Smith, Sr., Donna Smith received a variety of services as a result of the implementation of the welfare department’s family reunification plans. The record reveals, however, that Donna was less than diligent in her utilization of the available services. In January 1983, Donna Smith terminated counseling sessions that had focused on her inability to protect her children from the abusive conduct of her husband. Later, Donna was referred to parenting classes; but, as noted by the juvenile court, she attended only eleven of the twenty classes, made little progress, and was found to have tremendous emotional needs that took precedence over her desire to provide parental care.

Donna Smith did regularly exercise her right to visit once monthly with her children, and she demonstrated love and affection towards them. The record is clear, however, that Donna was desirous of reuniting with Robert, Sr. upon his release from prison. Donna was diagnosed at a community mental health center as having “adjustment disorder with anxiety and a personality problem with passive features,” and a staff psychiatrist found her to have poor judgment and insight. These findings, in combination with the testimony of the social workers who dealt with Donna Smith, reveal that Donna was an extremely dependent person who was unable to place the safety and well-being of her children above her own emotional needs. Additionally, based upon Donna’s reluctance to diligently pursue available services or to break her ties with Robert, Sr., Donna’s counselors did not foresee any changes in her ability to care for her children in the near future.

Donna Smith argues that the juvenile court’s conclusion that she had emotional problems was insufficient to support the termination of her parental rights, because R.C. 2151.414(A)(2)(b) requires the court to consider whether the parent has any emotional or mental “disorder.” This argument lacks merit, however, because R.C. 2151.414(A)(2)(b) requires only consideration of whether an emotional or mental “disorder” exists and, assuming, arguendo, that the evidence concerning Donna Smith’s emotional state does not amount to a “disorder,” R.C. 2151.414 does not preclude the juvenile court from basing its determination, in part, on Donna’s admitted emotional “problems.” In fact, R.C. 2151.414(A)(2) directs the court to consider “all relevant factors” in determining whether the child is, or will be, without adequate parental care.

Thus, the juvenile court properly considered a wide variety of factors in rendering its judgment; and the children’s best interests were properly [335]*335given great weight in the final determination. Lisa and Tammy Schmidt’s prospects for adoption were described as “uncertain” at the time of the hearing; and, unlike Robért Smith, Jr., Lisa and Tammy had resided in several different foster homes prior to the juvenile court’s decision in this case. In spite of the unsettled nature of Lisa and Tammy’s care, however, the evidence clearly supports a finding that Lisa and Tammy’s best interests (as well as those óf‘Robert, Jr.) were served by a permanent termination of Donna Smith’s parental rights.2 Donna Smith’s children properly were determined to be “without adequate parental care,” and the Cuyahoga County Welfare Department’s motion for permanent custody was properly granted based upon clear and convincing evidence.

Appellant Donna Smith challenges the clear and convincing evidence standard that is set forth in R.C. 2151.414 by asserting that Section 1, Article I, of the Ohio Constitution requires application of a reasonable doubt standard in proceedings involving the termination of parental rights. Donna Smith contends that because parental rights are encompassed in the fundamental rights of “enjoying and defending life and liberty” and “seeking and obtaining hapjiihess” (as enunciated in Section 1, Article I, of the Constitution), the state should be required to prove its case beyond a reasonable doubt befóte parental rights are terminated. We decline to adopt this view.

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Cite This Page — Counsel Stack

Bluebook (online)
496 N.E.2d 952, 25 Ohio St. 3d 331, 25 Ohio B. 386, 1986 Ohio LEXIS 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schmidt-ohio-1986.