In re C.B.
2014 Ohio 4618
Ohio Ct. App.2014Background
- Mother (Michelle B.) has four children; this appeal concerns her youngest, C.B., born May 19, 2010, who tested positive for THC at birth. LCCS previously had prolonged involvement with the family for abuse, neglect, and maternal drug use.
- LCCS filed a dependency case; C.B. was adjudicated dependent and placed in temporary custody of LCCS with a reunification plan emphasizing substance-abuse assessment/treatment, random drug screens, stable housing, income, and visitation.
- Over the next year Mother did not complete substance-abuse assessment or treatment, failed to submit to drug screens, and had inconsistent visitation and unstable housing/income.
- LCCS moved for permanent custody after C.B. had been in temporary custody for at least 12 of the prior 22 months. A hearing was held; Mother did not appear but was represented by counsel who stated he had informed her of the motion and hearing.
- The juvenile court found the statutory time-in-custody factor satisfied and held permanent custody was in C.B.’s best interest given Mother’s noncompliance, sporadic visitation, seven months without face-to-face contact, and need for a stable placement; parental rights were terminated and C.B. placed in LCCS permanent custody.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS / Court) | Held |
|---|---|---|---|
| 1. Personal jurisdiction / notice of permanent custody motion | Mother: Was not properly served and did not receive actual notice of the motion/hearing; due process violated | Counsel and guardian ad litem informed Mother; counsel accepted service and told court he had notified her | Court: Mother received actual notice via counsel; no due process violation; assignment overruled |
| 2. Denial of continuance when Mother absent | Mother: Court should have continued hearing to allow her to appear | Counsel had not filed timely continuance motion; Mother had history of nonappearance and failed to communicate; continuance request not shown imperative | Court: No abuse of discretion denying continuance; assignment overruled |
| 3. Ineffective assistance of counsel | Mother: Counsel failed to object to notice, hearsay, and failed to present evidence | Court: Notice was given; many facts already adjudicated; Mother’s lack of cooperation limited counsel’s ability to present a defense | Court: Counsel not shown deficient nor prejudicial; assignment overruled |
| 4. Manifest weight / best-interest determination | Mother: Permanent custody finding was against the manifest weight of evidence | LCCS: Child needed permanence; statutory best-interest factors (interaction, custodial history, need for permanence) favored permanent custody | Court: Best-interest factors weighed for permanent custody; judgment affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective-assistance test)
- State v. Unger, 67 Ohio St.2d 65 (continuance denial reviewed for abuse of discretion; factors to consider)
- State v. Green, 90 Ohio St.3d 352 (no mechanical test for continuance denials; examine circumstances)
- State v. Bradley, 42 Ohio St.3d 136 (adopts Strickland standard in Ohio)
- In re Thompkins, 115 Ohio St.3d 409 (due process notice principles in parental-rights terminations)
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)