In re J.H.
2013 Ohio 1423
Ohio Ct. App.2013Background
- Appellant H.H. appeals a Sept. 21, 2012 judgment in the Tuscarawas County Juvenile Court finding J.H. (b. 1997) and J.H. (b. 2001) neglected and dependent and placing them in TCJFS temporary custody.
- Shelter-care hearing: Aug. 20, 2012; one child found outside after curfew; mother T.H. intoxicated and alleged drug dealing; concerns of alcohol use, domestic violence, prior CS history in Guernsey County.
- Emergency temporary custody ordered Aug. 21, 2012 with a filed complaint alleging neglect/dependency.
- Adjudicatory hearing Sept. 19, 2012; father incarcerated; mother stipulated to amended complaint; court found neglect and dependency and kept children in agency custody.
- Appellant challenged the rulings in three assignments of error; court affirmed, holding evidence supported the findings and no error in custody placement.
- Judgment of the trial court was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adjudication supported by clear and convincing evidence | H.H. contends evidence was insufficient | Mother stipulated to most findings; evidence credible | Yes; supported by clear and convincing evidence |
| Temporary custody placement proper under RC 2151.28(B)(1) and (L) | Relatives should have been appointed if appropriate; procedure not followed | No appropriate relatives willing; agency’s safety concerns maintained | No error; relative placement not appropriate; findings satisfied |
| Other asserted procedural errors (police placement, perjury, written findings) | Alleged irregularities in procedures | Allegations unsupported by record; no violations shown | No reversible error; trial court’s decision affirmed |
Key Cases Cited
- In re Pierce, 2008-Ohio-6716 (5th Dist. Ct. 2008) (clear and convincing standard for adjudication)
- In re A.V., 2009-Ohio-886 (4th Dist. Ct. 2009) (relates to relative placement and RC 2151.28(B)(1))
- In re Christian, 2004-Ohio-3146 (4th Dist. Ct. 2004) (standard for evaluating evidence in abuse/neglect cases)
- In re Bishop, 36 Ohio App.3d 123 (5th Dist. Ct. 1987) (dependency focus on child’s condition, not parent faults)
- In re Bibb, 70 Ohio App.2d 117 (1st Dist. Ct. 1980) (definitions of neglect)
- State ex rel. Cross v. Ledford, 161 Ohio St. 469 (1954) (establishes clear and convincing standard reference)