In re A.K., 2012 Ohio 4430

CSB filed dependency petitions for four children in Feb 2011 due to Mother's inability to meet basic needs and concerns about homelessness, drugs/alcohol, impulsivity, and criminal justice involvement.
Mother stipulated to dependency and agreed the children be placed in temporary custody of a paternal aunt under CSB supervision.
A reunification case plan was adopted focusing on addressing drug/alcohol use, impulsivity, and criminal activity to achieve reunification.
In July 2011 CSB moved to change disposition to full legal custody with the aunt, noting ongoing concerns and minimal progress by Mother.
In Aug 2011 Mother, then incarcerated, opposed the motion and sought counsel and a hearing appearance to contest permanent placement.
The magistrate recommended legal custody with the aunt; Mother objected, raising, among others, the failure to appoint a guardian ad litem for the children.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether guardian ad litem was required for the children	Mother argued GAL was required under Juv.R. 4(B)(8) and R.C. 2151.281 due to fairness concerns.	CSB and trial court contended no mandatory GAL was required in a dependency case handled as a dispositional legal custody hearing.	Guardian ad litem was required; failure was reversible error.

In re A.G.B., 173 Ohio App.3d 263 (4th Dist. 2007) (GAL appointment favored in dependency matters; due process concerns)
In re N.P., 2004-Ohio-110 (9th Dist.) (best interests and GAL role in dispositional context)
In re A.A., 2010-Ohio-5735 (9th Dist.) (GAL’s role at dispositional phase for permanency)
In re J.C., 2011-Ohio-4933 (9th Dist.) (necessity of neutral guardian at hearings impacting children)
In re Reeher, 2003-Ohio-3470 (7th Dist.) (importance of GAL in contested proceedings)