In re E.B.
2012 Ohio 2231
Ohio Ct. App.2012Background
- Iva C. is mother of five; CSB sought permanent custody of E.B., B.B., and L.B. after years of drug abuse and failed reunification attempts.
- CSB had prior involvement since 2003; prior removals due to parental drug use; March 2010 order denied for two children but granted for A.C. and J.B.
- E.B. born September 2010; emergency custody to CSB followed by amended dependency and permanent custody petition.
- CSB's 2011 petition sought permanent custody of all three younger children, citing continued drug use and failure to complete treatment.
- Trial court granted CSB permanent custody of E.B., B.B., and L.B.; Iva appealed on hearsay and ineffective-assistance grounds; ultimately affirmed.
- Evidence included drug-test results, caseworker testimony, and Dr. Battle’s psychological evaluation; Iva admitted drug use during CSB supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay admissibility of drug-test results | Iva contends drug tests are hearsay not within Evid.R. 803(6). | CSB argues records fall under business records; proper authentication. | Harmless error; substantial non-hearsay evidence supported custody. |
| Ineffective assistance of counsel | Counsel failed to object to inadmissible drug tests and Dr. Battle’s opinions. | Decisions reasonable strategy; objections could have removed useful evidence. | No deficient performance; outcome unlikely to differ. |
| Sufficiency of evidence for permanent custody | Iva cannot provide safe, stable parenting; history of drug abuse and noncompliance. | CSB made reasonable efforts; best interests favored permanent custody. | Supported by substantial non-hearsay evidence; custody affirmed. |
| Admission of Dr. Battle’s psychological testimony | Testimony lacked foundation and certainty. | Dr. Battle’ s methods and reports properly considered; admissible. | Court properly considered; admissibility not error that changed outcome. |
Key Cases Cited
- Royse v. Dayton, 195 Ohio App.3d 81 (2d Dist. Ohio 2011) (drug-test records not admissible as business records when from outside sources (first principles of evidentiary authentication))
- In re Lane, 2003-Ohio-3755 (4th Dist. Washington 2003) (hearsay rule exceptions; reliability of business records)
- State v. Haines, 112 Ohio St.3d 393 (2006) (trial court discretion in evidentiary rulings; hearsay exclusion boundaries)
- In re K.B., 2006-Ohio-5205 (10th Dist. Franklin 2006) (evidentiary foundations for business records; hearsay limitations)
- In re S.A., 2008-Ohio-2225 (2d Dist. Clark 2008) (parental-rights termination evidentiary protections; competent evidence standard)
- Bradley, 42 Ohio St.3d 136 (1989) (two-prong Strickland ineffective-assistance standard; governing standard for civil parental-termination proceedings)