In re A.M.
2012 Ohio 1024
Ohio Ct. App.2012Background
- Mother Jaia B is mother of four children: A.M. (b. 2002), T.M. (b. 2003), J.W. (b. 2005), J.B. (b. 2007).
- CSB initially became involved in May 2008 after reports of bruising and supervision failures; children were placed in emergency custody and case proceeded through adjudication/disposition.
- Over time, two youngest children were placed with CSB and two oldest returned to Mother with protective supervision, then custody efforts shifted toward permanent custody.
- CSB repeatedly sought permanent custody: initially in 2009, again in 2011, with various housing, supervision, and safety concerns influencing decisions.
- Mother’s interim reunifications included living with a foster mother, employment at a daycare, housing, and participation in counseling/Alcoholics Anonymous; progress temporarily supported reunification.
- Prior to the 2011 hearing, CSB sought publication service for John Doe and published notice; alleged fathers Travonne M. and Jason W. did not participate; hearing proceeded with publication on John Doe and continued for possible later appearance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service on the alleged fathers was proper | Mother argues lack of proper service on Travonne M., Jason W., and John Doe invalidates the permanent custody order. | CSB contends service complied or any defects were not prejudicial; publication and continuances preserved jurisdiction and notice. | No prejudicial defect; standing lacking; order affirmed. |
Key Cases Cited
- In re S.S., 2010-Ohio-6374 (9th Dist.) (notice adequate to vest jurisdiction; forfeit of challenge absent timely objection)
- In re D.P., 2004-Ohio-7173 (9th Dist.) (publication timing can be cured; full notice provided and opportunity to be heard)
- In re K.P., 2004-Ohio-1976 (6th Dist.) (notice following motion for permanent custody suffices for jurisdiction; continuance not fatal)