Ohio Court Case: In re Taylor

2002 Ohio App. LEXIS 2783,*;2002 Ohio 2755
IN THE MATTER OF: DIAMOND CASHAY TAYLOR [Appeal by Cuyahoga County Department of Children and Family Services.]
NO. 80729
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY
2002 Ohio 2755;2002 Ohio App. LEXIS 2783
June 6, 2002, Date of Announcement of Decision
PRIOR HISTORY: [*1] 

CHARACTER OF PROCEEDING: Civil appeal from Cuyahoga County Court of Common Pleas, Probate Division. Case No. 2000 ADP 1512.
DISPOSITION: Trial court's judgment was reversed and cause was remanded.
COUNSEL: For appellant C.C.D.C.F.S.: WILLIAM D. MASON, Cuyahoga County Prosecutor, CARA L. SANTOSUOSSO, Assistant, JOSEPH C. YOUNG, Assistant, Cleveland, Ohio.

For appellee, Cheryl Denise Young: Cheryl Denise Young, Pro se, Cleveland, Ohio.
JUDGES: KENNETH A. ROCCO, PRESIDING JUDGE. JAMES D. SWEENEY, J. AND COLLEEN CONWAY COONEY, J. CONCUR.
OPINIONBY: KENNETH A. ROCCO
OPINION: JOURNAL ENTRY

AND

OPINION

KENNETH A. ROCCO, P.J.:

Appellant Cuyahoga County Department of Children and Family Services ("CCDCFS") appeals from an order of the probate division of the common pleas court denying Cheryl Denise Young's petition to adopt the minor child, Diamond Cashay Taylor. CCDCFS urges that: 

I. THE DECISION OF THE PROBATE COURT DENYING PETITIONER CHERYL YOUNG'S PETITION FOR ADOPTION OF THE MINOR CHILD DIAMOND CASHAY TAYLOR IS CONTRARY TO LAW AND PUBLIC POLICY AND IS THEREFORE AN ABUSE OF DISCRETION.

II. THE DENIAL OF PETITIONER CHERYL YOUNG'S PETITION FOR ADOPTION OF MINOR WAS AN ABUSE OF DISCRETION AS AGAINST THE MANIFEST WEIGHT [*2] OF THE EVIDENCE.

For the following reasons, we find the probate court abused its discretion by giving decisive weight to factors not relevant to the best interests of the child in ruling on the adoption petition. In re Adoption of Ridenour (1991), 61 Ohio St.3d 319, 574 N.E.2d 1055. Therefore, we reverse and remand for reconsideration.

FACTUAL AND PROCEDURAL BACKGROUND

The minor child (born January 1, 1994) was placed in the permanent custody of the CCDCFS on May 5, 1998, which immediately placed her with her paternal aunt, petitioner Cheryl Denise Young, for purposes of adoption. On May 4, 2000, Ms. Young filed her petition for adoption of the child. The CCDCFS consented to the adoption.

A prefinalization adoption assessment report recommended that the court grant the petition. The report noted that the petitioner was healthy physically and mentally, had a clean, livable, furnished home in a residential community, held steady employment for the last 13 years and was financially able to meet the child's needs, and had maintained a committed, though unmarried, relationship with Terry Harris for the past 19 years. The child was well adjusted to her [*3] placement with petitioner and was doing well academically and behaviorally.