In re Adoption of T.C.W.

Citations

• 2020 Ohio 1484

Syllabus

ADOPTION-CONSENT-DE MINIMIS CONTACT-OPPORTUNITY TO BE HEARD-DUE PROCESS - Because the record contains competent and credible evidence supporting the trial court's finding that Appellant lacked justifiable cause for his failure to have more than de minimis contact with his child, the trial court's determination that Appellant's consent was not necessary for the adoption is affirmed, however, by excluding Appellant from the best interest portion of the hearing, the trial court deprived Appellant of his only and last opportunity to be heard regarding the child's best interest and the termination of his parental rights. This deprivation resulted in a manifest miscarriage of justice requiring a reversal and remand for Appellant to be afforded an opportunity to be heard regarding whether the adoption is in the child's best interest.