In re C.S.
2012 Ohio 2884
| Ohio Ct. App. | 2012Background
- Mother Jennifer Self is the natural mother of C.S., born April 6, 2008, who resided with her before the proceedings.
- A March 31, 2011 hospitalization led to a May 2011 child-welfare complaint alleging abuse, neglect, and dependency; emergency custody was given to the maternal aunt and uncle.
- A magistrate found C.S. abused under R.C. 2151.031(B), neglected under R.C. 2151.03(A)(2), and dependent under R.C. 2151.04(B)/(C), with some allegations not substantiated.
- Evidence showed Mother admitted daily marijuana use and beer consumption, and pills (OxyContin) were found in the home; a drug dealer delivered substances to the residence.
- C.S. was placed with maternal relatives; Mother complied with a safety plan and engaged in a substance-abuse program; the court’s rulings were appealed.
- The appellate court reversed the neglect finding but affirmed dependency and abuse findings, remanding for disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dependency determination reasonable? | Self argues dependency under 2151.04(C) was unsupported. | State argues conditions in home showed adverse environment. | Not against the weight; dependency affirmed under 2151.04(C). |
| Neglect finding against manifest weight? | Self contends lack of inadequate parental care proven. | State contends failure to provide shelter/adequate care supported neglect. | Neglect reversed; not supported by weight of evidence. |
| Abuse finding against manifest weight? | Self asserts no clear risk or causation shown. | State contends substantial risk due to unsupervised access to drugs. | Abuse affirmed; finding not against weight of the evidence. |
Key Cases Cited
- In re A.W., 9th Dist. No. 25601, 2011-Ohio-4490 (Ohio 2011) (clear and convincing standard for abuse/neglect)
- In re D.H., 9th Dist. No. 24879, 2010-Ohio-422 (Ohio 2010) (dependency premises under 2151.04(C) suffices if proven)
- In re O.H., 9th Dist. No. 25761, 2011-Ohio-5632 (Ohio 2011) (dependency/child environment evidentiary standard)
- In re Zeiser, 133 Ohio App.3d 338 (11th Dist.1999) (interpretation of shelter and adequate parental care)
- In re C.M., 2004-Ohio-2294 (Ohio 2004) (shelter/adequate parental care context)