In re I.B.L.
2014 Ohio 4666
Ohio Ct. App.2014Background
- Child I.B.L. was removed June 2012 after WCCS found hazardous home conditions and concerns of adult drug use; placed in temporary custody.
- Mother A.L. admitted dependency (Aug. 2012); child remained in WCCS custody.
- WCCS moved for permanent custody (Feb. 2014), alleging the child had been in agency custody more than 12 of the past 22 months.
- Mother, incarcerated at Ohio Reformatory for Women, requested transport to the permanent custody hearing; the trial court denied transport but allowed deposition or notarized affidavit.
- Mother submitted an affidavit; guardian ad litem and foster family supported permanent custody.
- Trial court granted WCCS permanent custody (May 2014). Mother appealed, arguing denial of transport violated due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denying an incarcerated parent transport to a permanent custody hearing violates due process | A.L.: due process requires her presence at hearing; denial prevented her meaningful participation | WCCS: state interest in avoiding expense/risks of transport, counsel and affidavit/deposition protect rights | Court: No due process violation — Mathews balancing favors allowing alternative testimony (affidavit/deposition) and counsel representation |
Key Cases Cited
- Mathews v. Eldridge, 424 U.S. 319 (1976) (establishes three‑part due process balancing test)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parental custody is a fundamental liberty interest)
- In re Murray, 52 Ohio St.3d 155 (1990) (recognizes parental fundamental right to raise child in Ohio)