2012 Ohio 5237
Ohio Ct. App.2012Background
- MCCS filed for permanent custody of K.J., born December 18, 2011, after a positive birth cocaine test.
- Mother Heidi Schrack admitted cocaine use during pregnancy and prior to birth; rehabilitation incomplete.
- Mother had three prior children permanently removed from custody.
- Mother failed to attend the March 6, 2012 permanent custody trial.
- Guardian ad litem recommended permanent custody to MCCS; foster placement with a single family.
- Court granted permanent custody to MCCS on May 9, 2012; mother did not object; Anders withdrawal and appeal filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests of the child support permanent custody | Schrack; best interests not proven | MCCS; best interests shown by evidence | Affirmed; best‑interests supported by clear and convincing evidence |
| Ineffective assistance of counsel | Schrack; counsel ineffective under Strickland | MCCS; no prejudice; counsel acted reasonably | Denied; no meritorious ineffectiveness shown |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (establishes Strickland standard for prejudice in counsel defects)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (defines clear and convincing evidence standard)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for withdrawing and reviewing appeal as frivolous)
- In re Fell, 2005-Ohio-5790 (Ohio Ct. App. 2005) (applies Anders principles to termination of parental rights)
- In re Utt Children, 2003-Ohio-4576 (Ohio Ct. App. 2003) (adopts criminal standard for ineffective assistance in permanent custody)
- In re Diamond S., 2004-Ohio-611 (Ohio Ct. App. 2004) (acknowledges Anders framework in termination cases)