In re D. T.
2018 Ohio 3252
Ohio Ct. App.2018Background
- RCCSB filed complaints May 4, 2017 alleging physical abuse of D.T. (born 2005) by mother’s paramour and dependency of six children following a January 17, 2017 incident that resulted in D.T.’s hospitalization.
- After the incident mother initially placed children with relatives/friends; in mid-May 2017 mother gathered the children and fled to Kentucky; RCCSB obtained temporary custody and retrieved the children.
- Adjudicatory hearings occurred July–October 2017; dispositional hearings occurred November 2017–March 2018. The magistrate found all six children dependent and D.T. and M.T. abused; the juvenile court adopted the magistrate’s findings.
- Appellant (mother) appealed only the March 16, 2018 entry overruling her objections to the magistrate’s findings (she did not appeal the dispositional order). RCCSB did not file a brief.
- The juvenile court found photographs, school counselor testimony, and other evidence established non-accidental injuries to D.T. inflicted by the paramour; court also found RCCSB made reasonable efforts and removal was justified by emergent circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2151.35(B)(1) requires dismissal for failure to hold dispositional hearing within 90 days | Mother: statute is mandatory/jurisdictional and dismissal is required | Court: time requirement is directory, not jurisdictional; dismissal would harm children and a writ of procedendo may remedy delay | Court held the time limit is not jurisdictional; overruled assignment of error |
| Whether D.T. was "abused" under R.C. 2151.031(C) | Mother: trial court erred in finding abuse | Court: photographic, school, and witness evidence showed non-accidental injuries and corroborated abuse; parental fault not required under (C) | Court found clear and convincing evidence D.T. was abused; overruled assignment of error |
| Whether the children were properly found dependent | Mother: dependency finding erroneous for children | Court: dependency finding as to other children not before this appeal; D.T. adjudicated abused so dependency issues as to D.T. supported | Third assignment overruled (dependency challenge not sustained on this record) |
| Whether removal and continued out-of-home placement were improper | Mother: removal/continued removal unlawful | Court: emergent circumstances and mother’s flight justified removal; RCCSB made reasonable efforts under statute | Court upheld removal and continuation; overruled assignment of error |
| Constitutional challenge to R.C. 2151.031(C) (overbroad/vague) | Mother: statute vague/overbroad and not raised protections | Court: constitutional challenge waived because not raised in trial court | Court declined to consider claim; overruled assignment of error |
Key Cases Cited
- In re Davis, 84 Ohio St.3d 520 (directory vs. jurisdictional construction of juvenile timing statute)
- In re Sekulich, 65 Ohio St.2d 13 (adjudication without disposition is not a final appealable order)
- Cross v. Ledford, 161 Ohio St. 469 (standard for reviewing whether clear-and-convincing evidence was sufficient)
- State v. Awan, 22 Ohio St.3d 120 (constitutional challenges must be raised at earliest opportunity in trial court)
- Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181 (statutory interpretation and standard of review on questions of law)