2020 Ohio 4507
Ohio Ct. App.2020Background
- J.Q., a high-school student, was placed on the Agency's protective supervision after a probation violation for truancy; the Agency then filed a dependency complaint (later amended to request temporary custody).
- School records and testimony showed extensive truancy (48 days prior year; resumed absences), failing grades in most classes, and a severe credit deficiency for graduation.
- Allegations included that J.Q. appeared very thin, ate only once a day, hid food, was denied kitchen access (door handles removed) and locked in his bedroom, and that Mother refused recommended mental-health care.
- At the adjudication hearing Mother denied dependency but admitted she had difficulty getting J.Q. to attend school; she declined a full contested hearing after multiple opportunities were given.
- The juvenile court adjudicated J.Q. dependent under R.C. 2151.04(C) and awarded temporary custody to the Agency; Mother appealed claiming errors including lack of reasonable efforts, ineffective assistance of counsel, and absence of a case plan.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Agency/State) | Held |
|---|---|---|---|
| 1. Whether the court erred in adjudicating J.Q. dependent and granting temporary custody | Court lacked proof of reasonable efforts and dependency not established | Evidence (truancy, grades, credit deficiency, alleged deprivation and safety concerns) supported dependency | Court: Dependency finding supported by clear and convincing evidence; temporary custody affirmed |
| 2. Whether Mother received ineffective assistance of counsel | Counsel improperly interjected an admission and prejudiced Mother | Mother herself admitted school-attendance problems; counsel did not act deficiently or prejudice outcome | Court: No ineffective assistance; admission was Mother’s and juvenile court provided chances to contest |
| 3. Whether the court erred by awarding temporary custody without an enforced case plan | No enforceable case plan in place at disposition | Agency timely submitted a case plan; Mother refused to participate and appealed, divesting juvenile court jurisdiction | Court: Issue not resolved by juvenile court because Mother appealed; case plan was submitted within statutory period and juvenile court lost jurisdiction on appeal |
Key Cases Cited
- None of the authorities cited in this opinion are reported in an official reporter; the opinion relies on prior Ohio appellate slip opinions and local precedent but does not cite cases with official reporter citations.