In re B.H.
2014 Ohio 5790
Ohio Ct. App.2014Background
- Dependency petition filed for B.H.; child placed in FCCPS temporary custody after shelter hearing (May 1, 2013).
- Mother Ashley Van Atta signed a case plan addressing substance abuse, housing, employment, and parenting skills; she struggled with compliance and sobriety.
- Father Brad Heft is alleged father; paternity not established; he had limited contact and admitted unavailability for care.
- FCCPS moved for permanent custody on April 22, 2014; July 22, 2014 evidentiary hearing held; magistrate recommended permanent custody to FCCPS.
- Mother filed a motion for custody to maternal grandmother, which the court found improper under R.C. 2151.413 and Juvenile Rules; no timely objections or transcript were filed to the magistrate’s decision.
- Trial court adopted the magistrate’s findings and granted permanent custody to FCCPS; mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother waived error by failing to object and provide a transcript | Van Atta failed to timely object or provide transcript. | Court should review for plain error despite waiver. | No reversible error; waiver and harmless error apply. |
| Whether the best interests analysis supported permanent custody to FCCPS over relative placement | Relatives could provide a stable home for B.H. | Agency placement is in child’s best interests given evidence of instability with mother. | Permanent custody to FCCPS affirmed; best interests supported. |
| Whether the court erred by not addressing maternal grandmother as a placement option | Grandmother viable; should have been heard. | Court appropriately weighed all factors; relative placement not controlling. | No error; agency placement appropriate after weighing factors. |
| Whether there was ineffective assistance of counsel | Counsel failed to challenge certain evidence and request continuance. | No prejudice shown; performance within reasonable standards. | No reversible error; no ineffective assistance. |
Key Cases Cited
- In re Adkins, ? Ohio? (date) ((consolidated citations)) (appellate review of termination standards; require clear and convincing evidence)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (test for reviewing termination of parental rights; credibility determinations)
- In re Ridenour, 61 Ohio St.3d 319 (1991) (weigh all relevant factors in best-interest analysis; relative placement not controlling)
- In re Schafer, ? Ohio St.3d 111 (?) (2006) (best interest requires weighing all factors; not limited to availability of relatives)
- In re Summerfield, 2005-Ohio-5523 ((Stark App.)) (relates to whether parent can be placed within reasonable time)