2014 Ohio 2132
Ohio Ct. App.2014Background
- Newborn K.J. was born September 30, 2013; mother tested positive for cocaine and left the hospital against medical advice; Muskingum County Children’s Services (MCCS) took Juv. R. 6 custody on October 1, 2013.
- Mother had four prior children permanently removed and admitted using cocaine during this pregnancy; she rarely visited and did not engage in case-plan services.
- MCCS moved for permanent custody; the guardian ad litem recommended permanent custody to MCCS.
- Mother did not appear at the December 18, 2013 permanent custody hearing; the magistrate recommended, and the juvenile court adopted, terminating Mother’s parental rights and granting permanent custody to MCCS (judgment entered December 20, 2013).
- Appellate counsel filed an Anders brief concluding the appeal is frivolous and moved to withdraw; no pro se brief was filed by Mother.
- The Fifth District reviewed the record, considered statutory best-interest and placement factors, and affirmed the trial court’s award of permanent custody and denied ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the permanent-custody award was against the manifest weight/sufficiency of the evidence (best interests) | Mother: court’s best-interest finding lacked sufficient and non-frivolous evidence | MCCS: record contains competent, credible evidence (bonding with foster family, Mother’s substance use, visitation failures, prior removals) supporting permanent custody | Affirmed — trial court’s best-interest finding supported by competent, credible evidence; no meritorious appellate claim |
| Whether Mother was denied effective assistance of counsel | Mother: appellate/trial counsel’s performance was constitutionally deficient and prejudicial | MCCS: counsel’s performance was reasonable given Mother’s noncooperation; no prejudice shown | Affirmed — no ineffective-assistance claim of arguable merit; counsel’s Anders withdrawal permitted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures for counsel to withdraw when appeal is frivolous)
- Morris v. Lucas Cty. Children’s Servs. Bd., 49 Ohio App.3d 86 (1988) (Anders procedures apply in parental-rights termination appeals)
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279 (1978) (standard for manifest-weight review: judgment supported if some competent, credible evidence exists)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (standard for ineffective assistance of counsel in Ohio)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance test: deficient performance and prejudice)