2022 Ohio 3181
Ohio Ct. App.2022Background
- Arlette (b. Mar. 29, 2020) is the child at issue; parents (Mother and Father) have an intermittent, domestic-violence–marred relationship and multiple children in the household.
- In 2019 the agency opened a case after Father assaulted Mother; the Agency reopened the matter after a serious August 2021 Florida incident in which Father and his daughter Jasmine physically fought, Jasmine required staples for a head wound, and Arlette was nearly struck by a thrown bowl.
- After the Florida incident Mother fled with Arlette, hid their location at times, and repeatedly allowed Father unsupervised or supervised access contrary to safety plans; Father also tested positive for cocaine and THC in July 2021.
- On Sept. 28, 2021 the Warren County Children Services Board filed a dependency complaint under R.C. 2151.04(B) and (C); a magistrate adjudicated Arlette dependent on Dec. 20, 2021.
- Mother objected and requested a transcript but did not timely pay the required deposit; the juvenile court considered the objections without a transcript and adopted the magistrate’s factual findings; Mother appealed.
- The appellate court limited review because Mother failed to supply the trial court with a transcript or affidavit, found no abuse of discretion in the juvenile court’s adoption of the magistrate’s decision, and affirmed the dependency adjudication under R.C. 2151.04(C).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arlette was properly adjudicated a dependent child under R.C. 2151.04(C) | Mother: State failed to prove a legitimate risk of harm or any negative impact on Arlette from the Florida incident or the domestic-violence history | Agency: Child’s environment—repeated domestic violence, parental substance use, Mother’s failure to protect and concealment—created a legitimate risk warranting intervention | Court: Affirmed dependency; juvenile court didn’t abuse discretion in adopting magistrate’s findings and concluding risk of harm existed |
| Whether appellate court may consider hearing transcript submitted on appeal after objector failed to provide transcript/affidavit to trial court | Mother: Requested transcript to support objections; argues trial court erred by relying on magistrate findings instead of hearing evidence | Agency: Objector bears duty to provide transcript/affidavit; without it trial court accepts magistrate’s factual findings and appellate review is limited | Court: Held Juv.R.40(D)(3)(b)(iii) requires objecting party to supply transcript/affidavit; because Mother failed to do so, trial court properly accepted magistrate’s factual findings and appellate review limited to abuse-of-discretion standard |
Key Cases Cited
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728 (1995) (when objecting party fails to provide transcript to trial court, appellate review is limited and transcript filed on appeal cannot be considered)
- In re Burrell, 58 Ohio St.2d 37 (1979) (parental conduct is relevant only as part of the child’s environment; adverse impact must be demonstrated clearly and convincingly)