In re L.H.
2012 Ohio 4062
Ohio Ct. App.2012Background
- Jenkins appeals after Juvenile Court adopted a magistrate’s decision removing her as a party and terminating her legal custody.
- Jenkins previously held legal custody of Las.H. and Lat.H.; T.H. is the minor mother’s child; Las.H. and Lat.H. were the subject of the case.
- Cuyahoga County Department of Children and Family Services filed dependency complaints in July 2010 seeking temporary custody of Lat.H., Las.H., and T.H.
- Magistrate adjudicated T.H. dependent and Las.H. and Lat.H. abused and dependent in December 2010; disposition affirmed in May 2011.
- A 2011 dispositional review led the magistrate to terminate temporary custody and grant sole temporary custody to CCDCFS, while stating Jenkins’ legal custodial rights were extinguished and she was removed from the case.
- Jenkins filed objections and a motion to set aside in November 2011; trial court denied, and the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the magistrate properly terminate Jenkins' legal custody? | Jenkins | CCDCFS | Abuse of discretion; need to comply with R.C. 2151.42(B) and remand |
| Was removal of Jenkins as a party properly justified and executed? | Jenkins | CCDCFS | Abuse of discretion; remand for proper proceedings |
| Did the court address jurisdiction under R.C. 2151.353(E)(1) given ages/disabilities of Las.H. and Lat.H.? | Jenkins | CCDCFS | Not explicitly addressed; remanded for jurisdictional considerations |
Key Cases Cited
- Wade v. Wade, 113 Ohio App.3d 414 (11th Dist.1996) (abuse of discretion standard for reviewing magistrate decisions)
- Covington v. Saffold, 150 Ohio App.3d 126 (10th Dist.2002) (abuse of discretion standard in custody-related matters)
- Pons v. Ohio St. Med. Bd., 66 Ohio St.3d 619 (1993) (deferential review; cannot substitute own judgment)