Background
Mother Z.G., a Spanish-speaking parent, had five children by two different partners. Her older daughter was removed after reporting sexual molestation by Mother’s partner J.A., who was indicted for rape. Despite initially appearing to accept the accusations, Mother later continued to deny the molestation, accused her daughter of lying, and maintained contact with J.A. from jail. CCDCFS subsequently filed motions to modify temporary custody of Mother’s four younger children to permanent custody.
Mother raised five assignments of error on appeal, including challenges to the statutory basis for permanent custody under R.C. 2151.414, the best-interest determination, the trial court’s refusal to consider a relative for legal custody, the adequacy of interpreter services, and the late service of the guardian ad litem report.
The Court’s Holding
The Eighth District affirmed the permanent custody grant on all assignments of error. The court found clear and convincing evidence that Mother failed to remedy the conditions causing removal, including her persistent denial of the molestation and refusal to complete case-plan objectives. The court held that the trial court properly considered and rejected relative placements.
On the interpreter issue, the court found the record showed no indication that Mother did not understand the proceedings, noting the trial court took care to ensure interpreters were properly positioned. Regarding the GAL report, the court held it was properly served on Mother’s attorney under Sup.R. 48.06(A)(2).
Key Takeaways
- A parent’s persistent denial of documented child sexual abuse by a partner strongly supports a finding that the parent has not remedied the conditions causing removal.
- Under Sup.R. 48.06(A)(2), a GAL report is properly served when delivered to a party’s attorney, not necessarily the party personally.
- Courts must ensure adequate interpreter services in juvenile proceedings, but the adequacy is assessed based on the record as a whole.
Why It Matters
This case reinforces the standard for Ohio juvenile courts evaluating a parent’s progress toward reunification in cases involving child sexual abuse by a household member. The decision clarifies that a parent’s failure to accept documented abuse constitutes a failure to remedy conditions causing removal. The interpreter-services analysis is particularly relevant for practitioners in counties with growing non-English-speaking populations, establishing a practical standard for adequate language access in juvenile proceedings.