In re D.E.
2014 Ohio 5333
Ohio Ct. App.2014Background
- Mother lost legal custody of D.E. and M.E. to Grandmother in 2009, who adopted them and terminated Mother's parental rights.
- In 2013, Grandmother was hospitalized; SCCS filed dependency complaints; Grandmother died hours later; SCCS gained emergency custody of D.E. and M.E. to others.
- Mother moved to intervene, but the trial court denied the motion and she did not timely provide transcripts of magistrate hearings.
- D.E. has been in SCCS custody; M.E. has been in the care of his maternal great aunt; there is no ongoing parental supervision by Mother.
- Mother argued she had standing via a sibling relationship created by Grandmother’s adoption, and/or in loco parentis.
- The appellate court affirmed the trial court’s denial of intervention and dismissed challenges to jurisdiction and counselor-conflict claims as nonparties under Civ.R. 24; transcripts unavailable for magistrate hearings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to intervene in custody | Mother asserts she has a legal interest as a sibling via adoption | No legal right to intervene as a sibling or in loco parentis | Denied; no right to intervene as of right. |
| Subject matter jurisdiction over SCCS complaint | Jurisdiction questioned due to service/pendency gaps | Court had jurisdiction to hear the case | Overruled; assignment rejected as nonparty lacks standing. |
| Conflict of interest and counsel for D.E. | Court Appointed Special Advocate conflict not addressed | No effect on standing since Mother not party | Overruled; issues not reviewable by nonparty. |
Key Cases Cited
- Dietrich v. Dietrich, 2014-Ohio-4782 (9th Dist. 2014) (abuse of discretion standard for magistrate decisions; intervention standards referenced)
- Barlow v. Barlow, 2009-Ohio-3788 (9th Dist. 2009) (abuse of discretion standard for adoption-related rulings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard; boundaries of appellate review)
- In re M.N., 2008-Ohio-3049 (9th Dist. 2008) (intervention as of right requires legal interest in care/custody)
- In re I.S., 2007-Ohio-47 (9th Dist. 2007) (in loco parentis status considerations in custody cases)
- In re Schmidt, 25 Ohio St.3d 331 (1986) (grandparents’ lack of legal right to custody/visitation)