2013 Ohio 1560
Ohio Ct. App.2013Background
- CCDCFS filed a dependency and requested permanent custody of J.M-R.; court granted predispositional temporary custody and appointed guardians ad litem.
- Mother sought legal custody in 2012; GAL for child recommended permanent custody to CCDCFS; mother had prior case history with agency.
- J.M-R. was placed in a foster-to-adopt home; relatives were investigated but deemed unsuitable or unavailable.
- Mother had not completed key components of her case plan (mental health counseling, parenting, domestic violence services, stable employment).
- Father (alleged) did not complete his case plan and had limited contact with the child; continued domestic violence concerns existed.
- Trial court found by clear and convincing evidence that placement with either parent was not possible and that permanent custody to CCDCFS was in J.M-R.’s best interest; ICWA and ineffective assistance issues were raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ICWA applicability and compliance | Mother argues ICWA applied and procedures were lacking. | Agency contends ICWA not triggered; no tribal affiliation proven. | ICWA not applicable; assignment overruled. |
| Permanent custody best interests | Mother contends progress toward reunification warranted preservation of parental rights. | Agency argues evidence shows cannot safely place with parents within reasonable time; best interest favors permanent custody. | Permanent custody to CCDCFS affirmed; evidence supports best interests and inability to place with either parent. |
| Effectiveness of counsel | Counsel was ineffective for allowing mother to plead to amended dependency while permanent custody was sought. | Counsel performance adequate; no prejudice shown. | Ineffective assistance claim overruled. |
Key Cases Cited
- In re Awkal, 95 Ohio App.3d 309 (8th Dist. 1994) (clear and convincing standard defined)
- In re M.W., 8th Dist. No. 91539 (2009) (clarifies multiple factors in R.C. 2151.414(D))
- In re D.J., 8th Dist. No. 88646 (2007-Ohio-1974) (placement cannot be with parent under E criteria)
- In re Z.T., 8th Dist. No. 88009 (2007-Ohio-827) (one factor sufficient to support permanent custody)
- In re J.M-R., 2013-Ohio-1560 (Ohio) (context for ICWA and custody standards in Ohio)