2013 Ohio 4023
Ohio Ct. App.2013Background
- Mother and Father are parents of B.R. (2008) and N.R. (2011); CSB removed the children after allegations of parental methamphetamine use and domestic violence and parents admitted dependency and entered a case plan.
- Parents failed to engage in drug treatment and were later arrested and each sentenced to at least two years in prison; children were placed in temporary custody of Summit County Children Services Board (CSB).
- The paternal grandmother sought legal custody; she had prior contact with the children but missed multiple supervised visits during the case and admitted overuse of prescription pain medication.
- CSB moved for permanent custody; the trial court denied legal custody to the grandmother (concerns about substance abuse, commitment, and finances) and awarded permanent custody to CSB, terminating parental rights.
- Both parents appealed: Father argued denial of due process for not being transported to the first day of the hearing and that the custody decision was against the manifest weight of the evidence; Mother argued the court erred in admitting corrected rebuttal testimony from a social worker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father was denied due process by not being transported to the first day of the permanent custody hearing | Father: being incarcerated and absent from first day violated his right to be present and due process | CSB/State: Father had counsel throughout, full transcript was made, Father testified on second day; no prejudice | Court: No due process violation where parent represented by counsel, full record made, and parent later testified; assignment overruled |
| Whether permanent custody award was against the manifest weight of the evidence / whether legal custody to grandmother was in children’s best interests | Parents: grandmother was willing/able to care for children; court should award legal custody to keep family together | CSB/State: grandmother missed visits, failed to obtain substance-abuse treatment, lacked resources/commitment; children bonded to each other and doing well in foster care; need legally secure placement | Court: Best-interest factors supported permanent custody to CSB because parents incarcerated and no suitable relative placement existed; assignment overruled |
| Whether trial court committed plain error by allowing CSB to recall the social worker to correct testimony on grandmother’s missed visits | Mother: corrected testimony on rebuttal was improper and prejudicial | CSB/State: corrected testimony merely clarified prior testimony; Mother failed to show prejudice | Court: No prejudice shown; admission did not affect outcome and the court focused on grandmother’s substance abuse and lack of suitability; assignment overruled |
Key Cases Cited
- In re William S., 75 Ohio St.3d 95 (Ohio 1996) (describing the two-prong permanent custody test under R.C. 2151.414)
- In re Sheffey, 167 Ohio App.3d 141 (Ohio Ct. App. 2006) (due process analysis on parental presence at custody hearings relied on by appellant)
- Gries Sports Ents., Inc. v. Cleveland Browns Football Co., Inc., 26 Ohio St.3d 15 (Ohio 1986) (prejudice required to reverse for evidentiary error)
- Lowry v. Lowry, 48 Ohio App.3d 184 (Ohio Ct. App. 1988) (party asserting reversible error must prove prejudice)