Ohio: Court of Appeals Holds that the Parental Rights are to be Terminated and Custody be given to JFS so the Children may be Adopted by Foster Parents. BY: Mindy I.

http://www.sconet.state.oh.us/rod/docs/pdf/5/2012/2012-ohio-6265.pdf    

Ohio: Court of Appeals Holds that the Parental Rights are to be Terminated and Custody be given to JFS so the Children may be Adopted by Foster Parents

The Ohio Court of Appeals held in the matter of S. Children, Case No. 2012-CA-00164 (Ohio Ct. App. 2012) that the parents of children that had been in and out of foster care would have their parental rights terminated permanently to allow their current foster parents to adopt them.

The appellant in this case Donald S. (“Father”) appealed the Stark County Court of Common Pleas, Juvenile Division, decision that was made on August 16, 2012, to terminate his parental rights, privileges and responsibilities in regards to his two minor children and gave permanent children to appellee Stark County Department of Job and Family Services (“JFS”).

Father is the biological father of both minor children T.S. and L.S. both born on May 21, 2012. The mother of the minor children is not a party to this appeal, but is married to Father and resides with him. The children were placed in temporary custody of the JFS on May 23, 2012 due to frequent drug and alcohol use, inappropriate supervision of the young children, numerous criminal convictions, and severe mental health concerns.

JFS first came in contact with this family in 2006 with regards to another minor child due to factors pertaining to factors mentioned in the previous paragraph. Mother completed case plan in 2007 and minor child was then returned to her. In 2008, JFS had to intervene again in 2008 due to gross sexual imposition of an eight year old child. The children were placed in foster care.

The guardian ad litem at this time recommended that the children were bonded with the foster parents and not the biological parents and permanent custody should be granted to JFS. The trial court awarded permanent custody of the minor children to the JFS for the purpose of the foster family to adopt both minor children who are bonded to them.

The appellant claimed that the court did not make sufficient efforts to reunite the children with their biological parents.

The court found that ample time and opportunities had been made for both parents to complete their case plan. The court finds that the biological parents did not make necessary efforts to complete the case plan and that the permanent termination of parental rights is in the best interest of both minor children.