In re L.B.
2012 Ohio 905
Ohio Ct. App.2012Background
- Mother Lasha Franklin, parent of L.B., A.F., and L.B. (eldest).
- CSB initiated dependency proceedings after A.F. head injury brought to hospital.
- Magistrate found the children dependent; juvenile court adopted, but objections were filed.
- Franklin argued improper service (jurisdiction) and that adjudication was incorrect.
- Record defects showed service entries were unclear for the two older children; youngest child’s service was proper.
- Court vacated the judgment in its entirety due to lack of jurisdiction over the two older children, and because the dependency focus pertained mainly to A.F.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court had jurisdiction due to improper service | Franklin | CSB | Court lacked authority; vacate as to all children. |
| Whether the dependency finding was against the manifest weight of the evidence | Franklin | CSB | Not reached; judgment vacated on jurisdiction grounds. |
Key Cases Cited
- In re Thompkins, 115 Ohio St.3d 409 (2007-Ohio-5238) (parental custody rights; due process in custody matters)
- In re Murray, 52 Ohio St.3d 155 (1990) (parental custody protected by law)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental custody fundamental rights; due process)