In re L.E.
2015 Ohio 3762
Ohio Ct. App.2015Background
- Infant born at 25 weeks with cocaine in system and congenital abnormalities; discharged to foster care on May 30, 2014.
- SCCS obtained emergency custody Feb 15, 2013; child adjudicated abused/dependent Jan 16, 2014 and remained in agency temporary custody thereafter.
- Mother (H.E.) repeatedly failed to complete drug treatment, tested positive for cocaine and opiates during the case, and attended few medical/therapy appointments for the child's special needs.
- Child has ongoing medical and therapy needs and has lived continuously with the same foster family since hospital discharge; foster parents intend to adopt.
- SCCS filed for permanent custody Jan 15, 2015 under R.C. 2151.414(B)(1)(d); trial court granted permanent custody Mar 2, 2015 and terminated parental rights.
- Appellate counsel filed an Anders brief seeking withdrawal, proposing two potential issues: (1) trial court erred in granting permanent custody; (2) plain error in allowing a non‑certified “quasi‑interpreter.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in granting SCCS permanent custody | SCCS: child had been in temporary custody >12 of 22 months and permanent custody is in child's best interest | H.E.: she opposes adoption and argues error in custody decision | Held: No error; R.C. 2151.414(B)(1)(d) satisfied and best‑interest factors supported award (decision not against manifest weight) |
| Whether permitting a “quasi‑interpreter” for father was plain error | Father (via counsel): use of non‑certified interpreter could prejudice proceedings | SCCS and parties: parties waived/consented to proceed without certified interpreter; no prejudice shown | Held: No plain error — parties waived, invited any error, and no prejudice shown |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when appointed counsel finds appeal frivolous)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard and analysis for manifest‑weight review)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (definition of weight of the evidence)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parents’ fundamental liberty interest in child custody)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (narrow application of plain‑error doctrine in civil cases)