2015 Ohio 3673
Ohio Ct. App.2015Background
- Father P.B. appealed the juvenile court’s termination of his parental rights and grant of permanent custody of his three children to Cuyahoga County Department of Children and Family Services (CCDCFS).
- At a dispositional hearing, P.B. indicated he wished to waive trial rights and stipulated to permanent custody; the trial court conducted a colloquy and accepted the stipulation.
- Juv.R. 29(D) requires the court, before accepting an admission at an adjudicatory hearing, to personally advise the party that the admission is voluntary and that it waives several rights, including the right to remain silent.
- The trial court did not advise P.B. at the dispositional hearing that his stipulation waived his right to remain silent; the record also shows the court failed to give that specific advisement at the earlier adjudicatory hearing when P.B. entered an admission.
- CCDCFS conceded the omission at the adjudicatory hearing meant the admission was not knowingly and voluntarily entered; the appellate court held the stipulation and resulting permanent-custody judgment invalid and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Juv.R. 29(D) advisements are required when a parent stipulates to permanent custody | P.B.: Trial court failed to inform him that an admission waives the right to remain silent; thus waiver was not knowing/voluntary | CCDCFS: Juv.R. 29(D) applies only to adjudicatory hearings, not dispositional stipulations to permanent custody | Court: Juv.R.29(D) applies when accepting stipulations to permanent custody; omission rendered the admission/stipulation invalid |
| Whether P.B.’s admission/stipulation was knowing and voluntary given the missing advisement | P.B.: Lacked the required advisement, so his admission/stipulation was involuntary | CCDCFS: (conceded omission at adjudicatory hearing) | Court: Admission was not knowingly and voluntarily entered; reversible error required reversal and remand |
Key Cases Cited
- Elmer v. Lucas Cty. Children Servs. Bd., 36 Ohio App.3d 241 (6th Dist. 1987) (parents must fully understand rights and consequences before permanent termination; waiver must be knowing and voluntary)