2016 Ohio 5351
Ohio Ct. App.2016Background
- Mother (L.P.) had a long history (since ~2000) of MCCS involvement for unsafe housing, substance use concerns, and domestic violence; multiple older children were not in her custody.
- J.P., born July 2009, was removed from maternal grandmother's care and placed in MCCS temporary custody in Sept. 2012 and remained in agency custody for more than 12 of a consecutive 22-month period.
- Case plans repeatedly required mental-health assessment/treatment, parenting services, stable housing, and financial stability; Mother moved to Georgia in May 2013, underwent two failed home studies, and had minimal visitation.
- Dr. Richard Bromberg performed a psychological/parenting assessment in Nov. 2014, diagnosing unspecified mental disorder with provisional depression, PTSD, and substance-abuse concerns; he recommended up to 24 months of therapy and other services. Mother did not follow Dr. Bromberg’s recommendations before the Apr. 23, 2015 permanent-custody hearing.
- The magistrate and trial court found Mother had abandoned J.P. (no visits May 2013–Mar 2014), lacked parenting ability/attachment, had insufficient income, and no suitable alternative custodian; the court awarded MCCS permanent custody. Mother appealed.
Issues
| Issue | Mother’s Argument | MCCS/State’s Argument | Held |
|---|---|---|---|
| Whether permanent custody was in child’s best interest | Mother: reunification was still possible; she had housing/support in Georgia and limited time to comply with recommendations | MCCS: child needed legally secure placement; Mother failed case-plan tasks, had minimal visits, failed home studies, and presented mental-health/substance concerns | Court: Award supported by clear and convincing evidence; best-interest factors favor MCCS |
| Whether MCCS failed to make reasonable efforts to reunify | Mother: agency should have allowed therapy opportunity before terminating rights | MCCS: agency provided case-plan services and referrals throughout; Mother did not engage; pre-hearing findings show reasonable efforts | Court: MCCS made reasonable efforts; no merit to claim |
| Whether counsel was ineffective for not seeking continuance to allow 24 months’ therapy | Mother: counsel should have objected/continued hearing because Dr. Bromberg recommended up to 24 months of treatment | State: Mother had years to comply, did not act; a continuance likely would not change outcome | Court: Counsel not ineffective; no prejudice shown and Mother had long opportunity to comply |
| Whether statutory abandonment or other R.C. 2151.414(E) factors applied | Mother: did not intend to abandon; she visited and sought reunification | MCCS: lack of visits >90 days, failed home studies, and long history support abandonment finding | Court: Found abandonment under R.C. 2151.011(C) and relevant E-factors; supports permanent custody |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (parents have fundamental right to make decisions regarding care and custody of their children)
- Cross v. Ledford, 161 Ohio St. 469 (1959) (definition of clear and convincing evidence)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trial court credibility determinations entitled to deference)
- In re C.F., 113 Ohio St.3d 73 (2007) (R.C. 2151.419(A)(1) does not apply at R.C. 2151.413 permanent-custody hearing; agency still must show reasonable efforts prior to termination)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance standard applies)