2020 Ohio 3602
Ohio Ct. App.2020Background:
- Three children (ages 7, 5, and 7 months) were removed after police found the parents using/possessing multiple drugs in an unclean home; children were adjudicated abused/dependent and placed in the Agency's temporary custody.
- Mother was largely absent from proceedings and from contacts/visits with the children; she tested positive for multiple controlled substances and failed to complete case-plan services or treatment opportunities.
- The children were placed with a foster family, received needed medical and therapeutic care, and the foster family sought to adopt all three; the GAL recommended permanent custody to the Agency.
- The Agency moved for permanent custody after the children had been in its custody more than 12 months; Mother received notice but did not attend the permanent custody hearing.
- The magistrate issued detailed written decisions addressing statutory factors and evidence; trial court adopted the magistrate's decisions and granted permanent custody to the Agency.
- Mother moved to set aside what she characterized as a default judgment (claiming a flat tire prevented attendance) and appealed the denial and the permanent custody order.
Issues:
| Issue | Mother's Argument | Agency's Argument | Held |
|---|---|---|---|
| Whether the trial court violated due process by entering default and denying motion to set aside | Mother's absence at the hearing (flat tire) meant a default judgment was entered and should be set aside | No default was entered; magistrate decided on the merits after reviewing evidence and Mother had notice/opportunity | Court: No default judgment; magistrate ruled on merits; Mother had notice and failed to participate; denial of motion to set aside not error |
| Whether permanent custody was supported by clear and convincing evidence / against manifest weight | Mother argued trial court erred in granting permanent custody | Agency pointed to 18 months in custody, Mother’s substance use and noncompliance, children’s bonding to foster family, GAL recommendation | Court: Permanent custody supported by clear and convincing evidence; statutory 12-of-22-months prong met; decision not against manifest weight or plain error |
Key Cases Cited
- None with official reporter citations — the opinion primarily cites Ohio appellate slip opinions and does not include cases published in an official reporter.