2013 Ohio 5310
Ohio Ct. App.2013Background
- G. McC. (born 10/16/2012) is child of K. McC. and D.J. McC.; JFS filed a complaint December 20, 2012 alleging neglect/dependency.
- Shelter-care hearing December 21, 2012 placed child in temporary custody of maternal aunt, then briefly to Stark County Sheriff due to location issues.
- Columbiana County case indicated mother had prior involvement; mother failed to complete case-plan requirements there.
- Witnesses testified to concerns about mother's housing instability, incomplete services, and inconsistent visitation with the child.
- Browns (maternal half-sister and husband) gained custody of the mother's older child in Columbiana County; child in this case was not the subject there.
- Magistrate found G. McC. dependent; trial court remanded for findings; judgment entry April 26, 2013 affirmed prior finding of dependency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child was properly found dependent under R.C. 2151.04(C). | McC. claims lack of clear and convincing evidence. | McC. contends evidence does not meet standard. | Yes; sufficient, credible evidence supported dependency. |
| Whether the trial court erred in applying the clear-and-convincing standard for dependency. | SCDJFS argues standard was met. | Parents contend standard was not met. | The standard was properly applied and met. |
Key Cases Cited
- In re Pierce, 5th Dist. Muskingum No. CT2008–0019, 2008-Ohio-6716 (Ohio 2008) (deprivation adjudication requires clear and convincing evidence)
- In re Christian, 4th Dist. Athens No. 04CA10, 2004-Ohio-3146 (Ohio 2004) (focus on child’s condition, not parental faults)
- In re Bishop, 36 Ohio App.3d 123, 521 N.E.2d 838 (1987) (dependency determination guided by child’s environment)
- In re Bibb, 70 Ohio App.2d 117, 435 N.E.2d 96 (1980) (prior cases inform standard for dependency adjudication)
- In re Riddle, 79 Ohio St.3d 259, 680 N.E.2d 1227 (1997) (establishes standard for dependency determinations)
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954) (defines 'clear and convincing' standard body of proof)
- Holcomb v. Adoption, 18 Ohio St.3d 361, 481 N.E.2d 613 (1985) (clarifies burden of proof in abuse/neglect proceedings)