In re H.S.
2013 Ohio 2155
Ohio Ct. App.2013Background
- Appellant is the biological mother of H.S. who appeals a permanent-custody judgment granting custody of H.S. to Clermont County JFS.
- Appellant is incarcerated serving a four-year sentence for child endangering; H.S. was born in prison and placed in emergency custody.
- A dependency proceeding began; paternity was established and reunification with the father was unsuccessful, leading to the father’s surrender of parental rights.
- Clermont County JFS filed for permanent custody in 2012, alleging placement with either parent within a reasonable time was unlikely and that permanent custody was in H.S.’s best interest.
- Appellant sought to be conveyed from prison to attend the permanent-custody hearing; the court denied the motion, though alternate testimony (e.g., deposition) could be used; at hearing, appellant did not testify, and the magistrate granted the agency’s motion for permanent custody; trial court adopted the magistrate’s decision.
- The sole assignment of error contends the denial of conveyance violated her due-process rights in the permanent-custody proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of conveyance to the hearing violated due process. | Faris asserts due-process rights were violated by denying attendance at the hearing. | Faris's inability to attend did not, given allowable alternate means, amount to a due-process violation. | No due-process violation; conveyance was not required given available alternatives and safeguards. |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. (1972)) (parental-rights termination requires fundamental due-process safeguards)
- Matthews v. Eldridge, 424 U.S. 319 (U.S. (1976)) (three-factor test for due-process protections in the absence of a full hearing)
- In re Sprague, 113 Ohio App.3d 274 (12th Dist.1996) (incarcerated parent rights and alternative participation methods permitted)
- In re S.F.T., 2010-Ohio-3706 (12th Dist. (Ohio)) (parental-rights termination with alternate testimony methods deemed sufficient)
- In re C.M., 2007-Ohio-3999 (9th Dist.) (application of Matthews factors in Ohio permanency proceedings)
- In re Adoption of Rogers, 2003-Ohio-1424 (11th Dist.) (affidavits as permissible testimony when deposition unavailable)