In re A.P.
2014 Ohio 5244
Ohio Ct. App.2014Background
- A.P., born 2007, is severely autistic and was removed from mother P.R.'s care in March 2012; Franklin County Children Services (FCCS) placed A.P. in temporary custody after finding P.R. mentally unfit.
- FCCS moved to terminate its temporary custody and grant legal custody to A.P.'s maternal grandmother, P.F.; a magistrate recommended awarding legal custody to P.F. based on P.F.'s ability to meet A.P.'s needs and concerns about P.R.'s mental health.
- Trial court adopted the magistrate’s decision; P.R. objected to factual findings and sought a transcript at public expense, submitting an affidavit asserting indigency.
- Trial court denied the request for a transcript at public expense, granted a continuance for P.R. to obtain a transcript (which she did not), and dismissed her objections on the presumption the magistrate was correct.
- P.R. appealed solely arguing the denial of a publicly funded transcript violated her constitutional rights as an indigent parent.
Issues
| Issue | Plaintiff's Argument (P.R.) | Defendant's Argument (State/FCCS) | Held |
|---|---|---|---|
| Whether indigent parent has constitutional right to transcript at public expense when legal custody (not termination) is transferred | P.R.: Indigency entitles her to a transcript at state expense to meaningfully pursue appellate review | State: No constitutional right where parental rights are not permanently terminated; rational-basis review applies and state may protect fiscal interests | Court: No constitutional requirement to provide transcript; rational-basis standard applies because parental rights were not terminated, so denial did not violate due process/equal protection |
Key Cases Cited
- State ex rel. Heller v. Miller, 61 Ohio St.2d 6 (1980) (held indigent parents must be provided counsel and transcript at public expense in state-initiated permanent termination proceedings)
- Lassiter v. Dept. of Social Servs., 452 U.S. 18 (1981) (held right to appointed counsel in parental termination cases depends on case-specific Mathews balancing)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (established three-factor balancing test for due process procedures)
- In re Miller, 12 Ohio St.3d 40 (1984) (clarified Heller in light of Lassiter; no constitutional right to counsel in temporary custody proceedings)
- M.L.B. v. S.L.J., 519 U.S. 102 (1996) (held that conditioning appeals from parental termination decrees on payment of record fees violates due process/equal protection; permanent terminations receive heightened protection)