2019 Ohio 2102
Ohio Ct. App.2019Background
- Mother is the biological parent of C.G. (b. 2009) and G.S. (b. 2013); both lived with Mother and her husband. CSB filed complaints in March 2018 alleging drug use, domestic violence, a suicide attempt, and chronic school absences.
- C.G. missed roughly 190 school hours in one year; school interventions and outreach to Mother largely failed. C.G. was withdrawn in school; after removal and placement with Father G., his attendance and demeanor improved.
- Mother admitted alcohol problems, reported a recent intoxication episode requiring someone else to pick up a younger child, and tested positive on a saliva test for methamphetamine/amphetamine.
- Reports indicated domestic violence in the home and that older children observed substance use and neglectful episodes (e.g., Mother falling asleep in bathtub). Mother claimed narcolepsy as a reason for missed obligations.
- At the adjudicatory proceedings, CSB proceeded on C.G. (and older brothers) on May 9, 2018; service problems prevented proceeding on G.S. that day. The magistrate later entered an adjudication for G.S., but no separate evidentiary hearing for G.S. is in the record.
- Trial court adjudicated C.G. neglected and dependent and adjudicated G.S. dependent; dispositional orders placed C.G. with Father G. and G.S. in temporary agency custody. This appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether C.G. was neglected under R.C. 2151.03(A)(3) | Mother: insufficient evidence; finding against manifest weight | CSB/Judge: neglect supported by school truancy plus Mother’s substance abuse, domestic violence exposure, and unresponsiveness to providers | Affirmed: clear and convincing evidence showed neglect (not based solely on truancy) |
| Whether C.G. and G.S. were dependent under R.C. 2151.04(C) | Mother: insufficient evidence; hearing defects | CSB: children exposed to unsafe environment (substance abuse, domestic violence, lack of supervision) | C.G.: affirmed (evidence supported dependency). G.S.: reversed for lack of a separate adjudicatory hearing; remanded |
Key Cases Cited
- In re Hunt, 46 Ohio St.2d 378 (1976) (agency must prove allegations at adjudicatory hearing)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (clear-and-convincing evidence standard defined)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear-and-convincing standard in Ohio)