2018 Ohio 1085
Ohio Ct. App.2018Background
- DCFS filed a neglect complaint April 4, 2016, originally seeking legal custody to mother and protective supervision, based on chronic school absenteeism and educational neglect of minor A.S.
- Complaint was amended to request temporary custody to DCFS due to concerns about mother’s judgment, parenting, and mental health; a predispositional custody motion was filed and later held in abeyance.
- A.S. was adjudicated neglected July 19, 2016; at disposition (January 25, 2017) the magistrate awarded temporary custody to DCFS after testimony, including father declining legal custody.
- Mother objected to the magistrate’s decision; the juvenile court overruled objections and adopted the magistrate’s decision on April 4, 2017. A.S. (the child) appealed.
- The record showed improved online attendance but continued failing grades, uncompleted coursework, mother’s inconsistent engagement with services, unresolved maternal mental-health and parenting concerns, and the child’s behavioral needs not addressed by either parent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal temporary-custody order | A.S. can appeal because child is a party to juvenile proceedings and has interest in reunification | DCFS did not contest standing but argued A.S. failed to preserve other objections | Court: A.S. has standing to appeal temporary custody orders |
| Waiver and standard of review (failure to object) | A.S. challenged custody on appeal though he did not object below | DCFS argued appellate review should be limited to plain-error because no trial objection was made | Court: Review limited to plain-error; appellant waived ordinary abuse-of-discretion review |
| Sufficiency of evidence for temporary custody | A.S. argued the initial allegations and case-plan issues were mitigated by dispositional hearing and improvements (attendance, mother’s treatment) | DCFS argued persistent educational failure, mother’s noncompliance with case plan, unresolved mental-health and parenting problems, and unmet behavioral needs supported temporary custody | Court: No plain error; temporary custody supported by preponderance of competent, credible evidence |
Key Cases Cited
- In re Murray, 52 Ohio St.3d 155 (recognizing temporary-custody orders can be final, appealable orders)
- In re Adams, 115 Ohio St.3d 86 (children have an interest in reunification after temporary custody orders)
- State v. Moreland, 50 Ohio St.3d 58 (plain-error standard: outcome would have been different but for the error)
- Schade v. Carnegie Body Co., 70 Ohio St.2d 207 (definition of plain error as obvious, prejudicial, and undermining public confidence)