2019 Ohio 4646
Ohio Ct. App.2019Background:
- MCCS filed a neglect/dependency complaint Nov. 6, 2017 after D.D. (born Nov. 2017) and mother tested positive for methamphetamine, cocaine, and marijuana; mother had documented mental-health issues.
- The juvenile court placed D.D. in temporary custody of MCCS; D.D. was adjudicated dependent/neglected Feb. 1, 2018; a case plan was filed Dec. 6, 2017.
- MCCS moved for permanent custody July 23, 2018; annual review and the permanent-custody trial (Dec. 18, 2018) proceeded without mother present.
- Testimony at the permanent-custody trial came from an All Well Behavioral Health clinician, the MCCS caseworker, and D.D.’s foster mother; mother’s attorney did not object to testimony or reports.
- Evidence showed mother stopped visiting after Feb. 2018, told caseworkers in March 2018 she did not want reunification, failed to complete substance‑abuse and mental‑health treatment, and did not complete objectives on her case plan.
- The juvenile court granted permanent custody to MCCS (journalized Mar. 5, 2019); mother appealed solely arguing the grant was against the manifest weight of the evidence; the appellate court affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether granting permanent custody was against the manifest weight / whether it was in child's best interest | Mother: evidence did not support permanent custody; court erred | MCCS: mother failed to engage, failed treatment, ceased visits; child needs legally secure placement | Affirmed: clear and convincing evidence supported best‑interest finding; not against manifest weight |
| Effect of mother’s absence/failure to object and notice of trial | Mother: she lacked notice/was not present; trial result unfair | MCCS: service was proper; failure to object waives issues except plain error | Court found service proper; reviewed under plain‑error standard and found no plain error |
| Admissibility of GAL report and agency testimony | Mother: GAL report hearsay; agency evidence unreliable | MCCS: witnesses testified at trial; mother’s counsel made no objection | Waived for appeal due to no trial objection; testimony was relied on and not reversible error |
Key Cases Cited
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial court has broad latitude in custody decisions)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (custody determinations are highly fact‑dependent and entitled to deference)
- Tennant v. Martin–Auer, 936 N.E.2d 1013 (Ohio Ct. App. 2010) (appellate role is to assess whether competent, credible evidence supports the factfinder)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain‑error review in civil appeals is disfavored)