In re D.T.
2012 Ohio 3552
Ohio Ct. App.2012Background
- D.T. (born Sept. 6, 2009) was adjudicated dependent and placed with CSB for permanency planning.
- CSB aimed for reunification but, due to Mother's untreated mental illness and cognitive impairment, progress was limited.
- Mother's mood swings and inconsistent participation in counseling/medication management impeded treatment goals.
- Intensive parenting classes showed Mother could not consistently apply basic parenting skills or safely medicate D.T.
- D.T. lived outside Mother's custody since birth and developed a bond with his foster family, showing better well-being there.
- CSB moved for permanent custody after D.T. remained in temporary custody for more than 12 of the prior 22 months; trial court awarded permanent custody to CSB.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proper service/notice was given for the permanent custody motion | CSB contends Mother was personally served at a review hearing, and her counsel consented to service. | Mother argues lack of strict compliance with R.C. 2151.29 and Juv.R. 16 and that service defects warrant reversal. | Service proper; no due process defect; plain error not shown; assignment overruled. |
Key Cases Cited
- In re Thompkins, 115 Ohio St.3d 409 (2007-Ohio-5238) (due process requires notice and opportunity to be heard before permanent custody)
- In re Mi.H., 2011-Ohio-6736 (9th Dist.) (forfeiture of service challenges unless plain error)
- In re S.S., 2010-Ohio-6374 (9th Dist.) (notices and rights in permanent custody proceedings)
- In re Keith Lee P., 2004-Ohio-1976 (6th Dist.) (reiteration of service requirements and due process concerns)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error standard requires substantial prejudice to right)