In re D.P.
2012 Ohio 3478
Ohio Ct. App.2012Background
- Mother Perkins and Father Quartermaine appeal a Juvenile Court permanent custody grant to ACCS involving D.P., K.T., and S.P.
- Children were removed from Perkins after services; dependency adjudication occurred February 8, 2010 with temporary custody to ACCS.
- Quartermaine, not represented at the January 5, 2010 dependency hearing, later challenges the agreed adjudication.
- Case plans, numerous services, and persistent behavioral/m ental health issues impeded reunification.
- Guardianship and custody history show multiple foster placements and ongoing safety concerns for the children.
- Trial court found twelve of twenty-two months in ACCS custody and substantial barriers to reunification; permanent custody granted and contested on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody is in the children’s best interests | Perkins: best interests not proven; reunification possible | ACCS: substantial barriers justify permanent custody | Yes; best interests supported by clear and convincing evidence |
| Whether the agreed dependency adjudication was valid without counsel | Quartermaine lacked counsel at January 5 hearing | Agreed adjudication was proper despite absence of counsel | Overruled; issue untimely and procedural protections applied previously |
| Whether progress by the father undermines permanent custody grant | Quartermaine showed progress; custody premature | Court properly weighed persistent issues and safety concerns | Affirmed; no reversal on progress showing; custody appropriate |
Key Cases Cited
- In re Perry, 2006-Ohio-6128 (4th Dist. 2006) (deference to trial court in permanent custody determinations; standard of review applies to evidence)
- In re Hilyard, 2006-Ohio-1965 (4th Dist. 2006) (deference to credibility findings; continued custody concerns)
- Schiebel v. Schiebel, Schiebel, 55 Ohio St.3d 71 (1990) (clear and convincing standard for permanent custody; statutory framework guidance)
- Seasons Coal Co. v. Cleveland, Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (credibility and weight of evidence left to trier of fact)
- Davis v. Flickinger, Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (deference to trial court in child custody demeanor evidence)
- Santosky v. Kramer, Santosky v. Kramer, 455 U.S. 745 (1982) (parental rights are fundamental but subordinate to child’s welfare)
- In re A.S., In re A.S., 8th Dist. Nos. 94098 & 94104, 2010-Ohio-1441 (2010) (dependency adjudication; counsel and notice considerations)
- In re Berkley, In re Berkley, 4th Dist. Nos. 04CA12, 04CA13, 04CA14, 2004-Ohio-4797 (2004) (analysis under R.C. 2151.414(B)(1)(d) where 12 of 22 months in custody; best interests focus)