In re A.N.B., 2013 Ohio 2055

Appellant is the biological mother of two children and is incarcerated in Alderson Federal Prison Camp, West Virginia.
The children's father is remarried and has custody; the maternal consent to adoption was sought by the stepmother on February 10, 2012.
The petition claimed appellant's consent was not needed because she failed to contact or support the children in the year before the petition.
Appellant objected, claiming she attempted contact but was prevented by her ex-husband and the stepmother.
Remand proceedings were held after an appellate reversal; the probate court scheduled a hearing for October-November 2012 and allowed telephone participation for appellant, but only as a courtesy and sworn testimony would not be taken by phone.
The trial court ultimately held that appellant's consent was not required and granted the adoption; on appeal, the court found due process violations and remanded for a new hearing with meaningful participation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the hearing violate due process for an incarcerated parent?	A.N.B. contends she was deprived of meaningful participation and evidence presentation.	The court allowed participation by witnesses present and indicated telephonic participation was possible as a courtesy.	Due process violation; remand for a new hearing with meaningful participation

In re Hayes, 70 Ohio St.3d 46 (1997) (fundamental right to raise a child; procedural protections in parental rights cases)
Murray, 52 Ohio St.3d 155 (1990) (parental rights context; essential liberty interest)
Troxel v. Granville, 530 U.S. 57 (2000) (parental rights as fundamental liberty interest)
In re Adoption of Zschach, 75 Ohio St.3d 648 (1996) (due process and rights of natural parents in adoption)
Lassiter v. Dept. of Social Services of Durham Cty., 452 U.S. 18 (1981) (no automatic right to counsel in termination proceedings; due process safeguards vary)
In re Adoption of Greer, 70 Ohio St.3d 293 (1994) (due process and parental rights in adoption)
In re Adoption of Bovett, 33 Ohio St.3d 102 (1987) (necessity of parental consent absent evidence of failure to contact or support; justifiable cause defense)
In re Lisbon, 2004-Ohio-126 (2004) (deposition and alternative safeguards used to protect parental rights)
In re Rogers, 2003-Ohio-1424 (2003) (alternate means of participation and evidence submission without counsel)
In re A.M., 55 A.3d 463 (2012) (telephonic participation as an alternative to in-person appearance)
In re D.B., 2011-Ohio-4755 (2011) (incarcerated parent and justification for failure to communicate)
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (due process requires notice and a hearing appropriate to the case)