Is Diagnosis as a Pedophile and Refusal of Spouses to Live Apart Grounds to Terminate Parental Rights?
In the Matter of: Kayla H. and Joshua H., Case no. 2007-2454 6th District Court of Appeals (Lucas County) ISSUE: Is the diagnosis of one parent as a pedophile and the refusal of his spouse to divorce or permanently separate from him sufficient grounds for a juvenile court to terminate the parental rights of both spouses to custody of their natural children where there is no finding that the diagnosed parent has ever offended against his own child and where the only instance of criminal activity occurred many years in the past? BACKGROUND: In February 2005, an infant identified as Joshua H. was treated for bleeding inside his skull that was found to be consistent with “shaken baby syndrome.” Police were unable to establish whether the injuries were caused by Joshua’s father or mother, Todd and Sarah H., by the child’s 10-year-old autistic stepbrother or by an uncle in whose care Joshua had been left. As a result of the shaken baby incident, the Lucas County Children Services Board (LCCS
