2020 Ohio 538
Ohio Ct. App.2020Background
- Four children (three younger: Co.J., D.J., A.J.; older: Ch.J.) removed from parents Michael and Montana Johnson in Jan 2017; agency obtained emergency temporary custody and children were adjudicated neglected/dependent.
- The agency provided services and multiple case plans (2017–2019); children remained in agency temporary custody continuously from Jan 2017 through May 2019.
- Agency filed motions for permanent custody (initially Nov 2017, withdrawn; refiled Dec 17, 2018); hearings were held Apr–May 2019.
- Trial court granted permanent custody to Hancock County Department of Job and Family Services on May 17, 2019 and made prior findings that the agency had made reasonable efforts to prevent removal.
- Michael appealed, arguing (1) the permanent-custody award was against the manifest weight of the evidence, and (2) the agency did not make reasonable and diligent case-planning efforts. Montana’s counsel moved to withdraw under Anders, asserting no nonfrivolous issues.
- The appellate court affirmed: R.C. 2151.414(B)(1)(d) (12+ months in temporary custody) dispositive for first prong; court found clear-and-convincing evidence permanent custody was in children’s best interests and that reasonable-efforts findings had been made earlier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether granting permanent custody was against the manifest weight of the evidence | Michael: contested that evidence did not support permanent custody; urged preservation of parental rights | Agency: children in temporary custody >12 months; best-interest factors support permanency | Affirmed — R.C. 2151.414(B)(1)(d) satisfied (12+ months); clear-and-convincing evidence supports best-interest finding |
| Whether the agency’s case planning and efforts were reasonable and diligent | Michael: agency failed to make sufficient, reasonable efforts toward reunification | Agency: provided services, case plans, and the court previously found reasonable efforts at earlier hearings | Affirmed — trial court had made R.C. 2151.419 reasonable-efforts findings earlier; agency efforts were reasonable under circumstances |
| Whether appellate counsel may withdraw under Anders | Montana’s appointed counsel: after review, no nonfrivolous issues exist; requested withdrawal | State: no objection to Anders procedure; court must independently review record | Granted — appellate court conducted full review and concluded appeal frivolous; counsel permitted to withdraw |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1971) (procedure and duties when appointed counsel seeks to withdraw because appeal is frivolous)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parents have fundamental liberty interest; burden/standard for termination of parental rights)
- Stanley v. Illinois, 405 U.S. 645 (1972) (parental rights are fundamental liberty interest)
- Meyer v. Nebraska, 262 U.S. 390 (1923) (parental liberty interest in childrearing)
- In re C.F., 113 Ohio St.3d 73 (2007) (scope/timing of reasonable-efforts determinations under R.C. 2151.419)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review and explanation of "weight of the evidence")
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to trial court on witness credibility)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (appellate review: if competent, credible evidence supports judgment, it must be affirmed)
- In re Palmer, 12 Ohio St.3d 194 (1984) (parental rights may be terminated under appropriate circumstances)