In re J.P.B.
2013 Ohio 787
Ohio Ct. App.2013Background
- J.P.B. (born 2006) was adjudicated dependent and placed in Washington County Children Services (WCCS) custody; WCCS sought permanent custody in 2011; L.C. (the biological father) challenged the decision on ineffective-assistance-of-counsel grounds; guardian ad litem reports and caseworker testimony highlighted father’s inconsistent visitation, extensive multi-state criminal history, and failure to complete case-plan requirements; father tested positive for drugs and admitted marijuana use near the permanency hearing; the trial court awarded WCCS permanent custody in July 2012; the appellate court reviews for clear and convincing evidence and cautions against trial-court experimentation with a fragile child; the court affirms the permanent-custody judgment
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was appellate relief warranted for ineffective assistance of counsel? | L.C. contends counsel failed to object to hearsay | WCCS argues no prejudice from objections or lack thereof | No reversible error; sufficient evidence supports the award |
Key Cases Cited
- In re Wingo, 143 Ohio App.3d 652 (4th Dist. 2001) (ineffective-assistance standards apply to parental rights cases)
- Bradley, 42 Ohio St.3d 136 (1989) (Strickland prejudice standard applies to counsel errors)
- Schiebel, 55 Ohio St.3d 71 (1990) (clear and convincing standard for custody findings; defer to trial court on credibility)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice test for ineffective assistance)
- In re Perry, 2006-Ohio-6128 (4th Dist.) (deferential review; substantial evidence supports custody decision)