2011 Ohio 6570
Ohio Ct. App.2011Background
- A.B.C. was born July 2009; SCDJFS filed a dependency/abuse complaint January 7, 2010 based on a tibia fracture suggesting abuse.
- Appellants Kayla Pitts and Parker Crissey voluntarily placed the child with the maternal great-grandmother under protective supervision.
- Adjudicatory hearing occurred March 18, 2010; the court found A.B.C. dependent and memorialized disposition March 19, 2010.
- Appellants appealed; this Court remanded January 31, 2011 to add findings of fact and conclusions of law as required by R.C. 2151.28(L).
- Trial court issued a new judgment March 8, 2011 with revised findings; Appellants filed a notice of appeal April 7, 2011; the court affirmed, and Justice Hoffman dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports dependency | Pitts/Crissey argue lack of clear evidence | SCDJFS contends evidence shows dependency under R.C. 2151.04(C) | Yes, evidence supports dependency under R.C. 2151.04(C) |
| Whether the complaint adequately stated a claim for dependency | Complaint insufficient in form | Complaint adequately stated essential facts and statutory basis | Complaint sufficiently stated a claim for dependency |
| Whether the trial court applied proper standard of proof | Trial court used improper or unclear standard | Court applied clear and convincing standard as required | Court applied the appropriate clear and convincing standard |
| Whether Dr. Steiner was properly qualified as an expert | Steiner improperly qualified as a non-pediatric expert | Steiner properly qualified as pediatric/child abuse medicine expert | No abuse of discretion; Steiner appropriately qualified as expert |
Key Cases Cited
- In re Bibb, 70 Ohio App.2d 117 (Ohio App.2d 1980) (dependency determination requires focus on child's condition; no fault by parents required)
- In re Burrell, 58 Ohio St.2d 37 (Ohio 1979) (parents’ conduct may be considered as part of child's environment)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (appellate court does not weigh credibility, but reviews for competent, credible evidence)
- In re Alexander C., 164 Ohio App.3d 540 (2005) (parental conduct may inform environment; clear and convincing standard applied)