In re A.E.
2014 Ohio 4540
Ohio Ct. App.2014Background
- Mother Tonya Currier has two children, A.E. (b. 2006) and J.E. (b. 2008); dependency proceedings began in 2009 and reopened in 2012 after Currier attempted suicide with the children present.
- Case plans required psychological evaluation, medication compliance, counseling, parenting classes, no contact with prohibited persons, stable housing, and other services; children moved between father, foster care, reunification, and agency custody over 2012–2013.
- Currier made intermittent progress (completed parenting class, engaged in counseling at times) but had multiple suicide attempts, ongoing unstable relationships (including contact with a prohibited person, Omlor), and inconsistent engagement with providers.
- Agency psychiatric expert (Dr. Cruikshanks) diagnosed bipolar disorder, antisocial and borderline personality features and testified Currier was unlikely to make substantial progress within a year; GAL and caseworker recommended permanent custody to the agency for stability.
- Magistrate granted Agency’s motion for permanent custody; trial court adopted the recommendation. Currier appealed asserting denial of new counsel, ineffective assistance, and that the permanent-custody finding was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument (Currier) | Defendant's Argument (Agency) | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying Currier’s motion for new counsel | Currier argued breakdown of trust/communication with counsel required substitution before trial | Agency and magistrate argued motion was untimely and a delay tactic; counsel was prepared and advocated | Denial was not an abuse of discretion; counsel competently represented Currier |
| Whether Currier received ineffective assistance of counsel | Counsel failed to obtain an independent psychological evaluation, failed to object to expert reliance on hearsay, and failed to call defense witnesses | Agency: no proof an independent exam would have produced favorable results; other evidence supported findings; strategic choices were reasonable | No ineffective assistance shown: no prejudice proven from lack of independent exam, objections, or omitted witnesses |
| Whether permanent custody finding was against the manifest weight of the evidence | Currier argued Agency lacked clear and convincing evidence and failed reasonable efforts | Agency pointed to chronic mental/ emotional disorders, repeated risky conduct (suicide attempts, court-order violations), unstable housing and relationships, and GAL recommendation | Judgment affirmed: competent, credible evidence supported that Currier’s mental/emotional conditions made her unable to provide an adequate permanent home within one year and permanent custody was in children’s best interests |
Key Cases Cited
- In re Murray, 52 Ohio St.3d 155 (Ohio 1990) (parents have a fundamental liberty interest in raising their children)
- United States v. Calabro, 467 F.2d 973 (2d Cir. 1972) (standards for substitution of counsel and trial court discretion)
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (ineffective-assistance framework and burden on defendant)
- State v. Hester, 45 Ohio St.2d 71 (Ohio 1976) (fair-trial and substantial-justice standard for counsel effectiveness)
- Vaughn v. Maxwell, 2 Ohio St.2d 299 (Ohio 1965) (presumption that licensed counsel is competent)