2024 Ohio 616
Ohio Ct. App.2024Background
- In 2019, Preble County Children Services filed complaints alleging that C.L. and R.L. were neglected and dependent due to their father's incarceration and their mother's drug use and neglect.
- The children were placed in temporary custody of the Agency in December 2019 and subsequently with their maternal grandparents from December 2020 onward, where they remained.
- In 2021, new complaints were filed, and after both parents admitted to the allegations, the court adjudicated the children neglected and dependent.
- The court initially granted legal custody to the grandparents in 2021, but the father appealed, arguing he was denied due process due to his inability to participate in the dispositional hearing. The appellate court remanded for a new hearing.
- At the remanded 2023 hearing, evidence showed the father had not completed his case plan requirements or secured suitable housing, and the children were well cared for by their grandparents.
Issues
| Issue | Father's Argument | Agency/Grandparents Argument | Held |
|---|---|---|---|
| Denial of right to chosen counsel / effective counsel | Court violated due process by appointing same attorney over objection; attorney was ineffective. | No record father objected; ineffective assistance claim unsupported and speculative. | No error; claim overruled. |
| Legal custody to grandparents | Court abused discretion; he completed requirements and can provide care. | Father failed to comply with plan, lacks suitable home, children stable with grandparents. | No abuse of discretion; affirmed. |
Key Cases Cited
- State v. Blankenship, 102 Ohio App.3d 534 (12th Dist. 1995) (indigent party has no right to counsel of choice)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance of counsel standard)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard in custody proceedings)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (respect for trial court discretion in custody cases)