In re I.G.
2014 Ohio 1136
Ohio Ct. App.2014Background
- Marion County Children Services (MCCS) removed three Reyes children in April 2011 after positive cocaine tests; children were placed together with foster parents the Tacketts and remained in agency custody for over 27 months.
- Reyes previously convicted of child endangering related to an earlier incident; she struggled with opioid/heroin use, had multiple incarcerations, probation violations, and inconsistent contact/visitation.
- MCCS filed for permanent custody on October 17, 2012; final hearing spanned May–July 2013; the guardian ad litem recommended permanent custody based on addiction, relapses, and need for permanency.
- Reyes asserted three assignments of error on appeal: (1) lack of service/notice of MCCS’s motion, (2) ineffective assistance of counsel for not raising service defect, and (3) insufficiency of clear-and-convincing evidence for permanent custody given her claimed sobriety.
- The trial court granted MCCS permanent custody August 6, 2013; the appellate court affirmed, finding service objections waived by participation, no Strickland prejudice, and adequate clear-and-convincing evidence of best interests and statutory grounds for permanent custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice/service of MCCS’s permanent-custody motion | Reyes: she was never properly served; judgments void. | MCCS: Reyes waived service defect by fully participating and admitting she knew the motion/hearing. | Waived — full participation and Reyes’ testimony admitting knowledge defeat the service challenge. |
| Ineffective assistance of counsel for not objecting to service | Reyes: counsel’s failure to object was deficient and prejudiced her case. | MCCS: no prejudice — Reyes participated, and record shows no different strategy or missing witnesses that an objection would produce. | Denied — no Strickland prejudice and no reasonable probability of a different outcome. |
| Sufficiency of evidence for permanent custody (best interests/ statutory grounds) | Reyes: her sobriety at hearing and supports meant children could be returned within a reasonable time. | MCCS: children in agency custody >12 months of 22; Reyes had repeated relapses, incomplete case plan, incarceration, and inability to provide stable home. | Affirmed — R.C. 2151.414(B)(1)(d) met (12+ months custody) and clear-and-convincing evidence supports best-interest finding. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (Ohio’s standard implementing Strickland)
- State v. Schiebel, 55 Ohio St.3d 71 (Ohio 1990) (definition of clear-and-convincing evidence)
- In re Hayes, 79 Ohio St.3d 46 (Ohio 1997) (parental rights are fundamental and afforded full protections)
- In re Shaeffer Children, 85 Ohio App.3d 683 (Ohio Ct. App. 1993) (participation waives notice defect)
- In re Smith, 77 Ohio App.3d 1 (Ohio Ct. App. 1991) (procedural protections in parental-rights cases)
- In re Hiatt, 86 Ohio App.3d 716 (Ohio Ct. App. 1993) (standard for appellate review in permanent-custody cases)
- In re Wise, 96 Ohio App.3d 619 (Ohio Ct. App. 1994) (appellate deference where clear-and-convincing evidence supports permanent custody)