2016 Ohio 438
Ohio Ct. App.2016Background
- LCCS filed a complaint (Mar. 3, 2015) alleging A.E. (age 3) was dependent/neglected and K.T. (infant) abused after K.T. suffered fatal abusive head trauma in Nov. 2014.
- K.T. died; medical expert concluded injuries were nonaccidental (abusive head trauma). Father of K.T. implicated; he later faced criminal charges. A.E. was removed from the home and placed with paternal relatives then foster care.
- Mother (M.D.) has prior involuntary termination of parental rights in Nevada and a history of mental illness (bipolar disorder, depression), unstable housing, substance and parenting concerns; records of prior termination were admitted.
- Mother failed to appear at multiple pretrial/adjudication dates and moved to California without informing counsel; trial counsel withdrew for lack of communication and the adjudication proceeded in mother's absence.
- Evidence at adjudication/disposition: A.E. suffered neglect indicators (lice, scabies, poor hygiene) on removal; caseworker and guardian ad litem recommended permanent custody to LCCS due to mother’s instability, untreated mental health issues, history with prior children, and continuing relationship with K.T.’s father.
- The juvenile court found A.E. dependent/neglected, K.T. abused, and awarded permanent custody of A.E. to LCCS. Mother appealed; appellate counsel filed an Anders brief and requested permission to withdraw.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS) | Held |
|---|---|---|---|
| 1. Permanent custody against manifest weight of evidence | Trial court lacked clear and convincing evidence to grant permanent custody | Evidence (prior termination, mental illness, instability, continued contact with K.T.’s father, A.E.’s improved condition in foster care) supports statutory factors and best interest finding | Affirmed: court’s findings not against manifest weight; R.C. 2151.414(E)(11) applicable |
| 2. Ineffective assistance of counsel | Mother received inadequate representation; counsel withdrew before adjudication | Counsel had no contact with mother for weeks and could not represent her; withdrawal reasonable | Affirmed: no due-process violation; withdrawal not below objective standard under Strickland |
| 3. Res judicata bars relitigation | Prior case dismissal/adjudication precludes relitigation of the adjudication here | Prior shelter-care matter was dismissed/never adjudicated; no prior final determination on merits | Affirmed: res judicata does not apply because the earlier matter did not actually and necessarily determine the issues |
| 4. Jurisdiction to adjudicate deceased child (K.T.) | Court erred in adjudicating a deceased child as "abused" | Statutes permit jurisdiction based on date in complaint; definition of abused child includes death by nonaccidental means | Affirmed: juvenile court retains jurisdiction to adjudicate a deceased child as abused under R.C. scheme |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures when counsel seeks to withdraw on grounds the appeal is frivolous)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear-and-convincing evidence)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (appellate review defers to trial court where competent, credible evidence supports essential elements)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Jones v. Lucas County Children Servs. Bd., 46 Ohio App.3d 85 (1988) (applies Strickland standard in parental-rights termination proceedings)