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2022 Ohio 3263
Ohio Ct. App.
2022
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Background

  • LCCS filed a dependency/neglect complaint June 4, 2020; mother consented to dependency July 20, 2020 and the children were placed with relatives, then later moved to Arizona and ultimately separated into foster care after kinship placements disrupted.
  • Mother has a long history of substance-abuse treatment referrals (multiple providers from 2019–2022) and multiple discharges for noncompliance and continued drug use; last discharged January 7, 2022.
  • LCCS moved for permanent custody June 24, 2021; the permanent-custody hearing was set for January 26, 2022; mother did not appear and her counsel said he had notified her and spoken to her that morning.
  • Caseworker testimony: children had been in agency custody about 15 months; younger child (N.H.) is thriving in placement; older child (L.H.) has significant behavioral and trauma-related diagnoses and has had multiple placement disruptions.
  • Guardian ad litem recommended permanent custody to LCCS; the juvenile court found R.C. 2151.414(E)(1),(2),(4),(14) applied and that permanent custody was in the children’s best interests, and entered judgment March 1, 2022.
  • Mother appealed on two grounds: (1) award was against the manifest weight of the evidence (not in the children’s best interests), and (2) due-process violation for lack of notice. The Sixth District affirmed.

Issues

Issue Mother’s Argument LCCS’s Argument Held
Whether permanent custody was against the manifest weight / not in children’s best interests Mother argued the court should have considered kin/family-friend placement (e.g., "Kim") and that permanency was premature LCCS argued mother repeatedly failed to remedy conditions (substance abuse noncompliance), children had been in custody 15 months, and kin was not approved or shown to be a suitable, timely alternative Affirmed: sufficient competent, credible evidence supports R.C. 2151.414(E)(1) and that permanent custody was in children’s best interests
Whether mother’s due-process rights were violated by lack of notice of the permanent custody hearing Mother claimed she never received notice of the Jan. 26, 2022 hearing and was deprived of opportunity to be heard LCCS showed certified-mail service to mother and service/notice to mother’s counsel; counsel said he had told mother of the date, so mother had constructive/actual notice via counsel Affirmed: notice was adequate under R.C. 2151.29 and Juv.R. practice; no due-process violation

Key Cases Cited

  • Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (1954) (defines the clear-and-convincing evidence standard)
  • C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (1978) (appellate review defers to trial court where some competent, credible evidence supports the judgment)
  • In re Thompkins, 115 Ohio St.3d 409, 875 N.E.2d 582 (2007) (due process requires notice and opportunity to be heard but does not always require actual notice)
  • In re D.H., 177 Ohio App.3d 246, 894 N.E.2d 364 (2008) (notice to counsel and counsel’s communication to parent can satisfy notice requirements)
Read the full case

Case Details

Case Name: In re L.H.
Court Name: Ohio Court of Appeals
Date Published: Sep 16, 2022
Citations: 2022 Ohio 3263; L-22-1078
Docket Number: L-22-1078
Court Abbreviation: Ohio Ct. App.
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