In re L.J. W.
2016 Ohio 7054
| Ohio Ct. App. | 2016Background
- L.J.W., born 2007, placed in shelter care with ACDJFS on Aug 4, 2014 due to caregiver drug-use concerns.
- L.J.W. adjudicated dependent on Dec 3, 2014; dispositional hearing followed, with temporary custody continued with ACDJFS.
- In Feb 2015, trial court maintained temporary custody of L.J.W. with ACDJFS as the proceedings progressed.
- During mid-2015, appellant-mother sought custody; ACDJFS moved on Aug 25, 2015 to grant legal custody to paternal grandmother Valerie Woods and to hold mother in contempt.
- Evidentiary hearing held Jan 8, 2016; mother did not appear; agency witnesses testified that L.J.W. was well bonded with Woods and met needs at her home.
- On Feb 3, 2016, trial court awarded legal custody to Valerie Woods and issued related orders; mother appealed on Feb 8, 2016 raising ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s effectiveness violated due process. | Hoos argues trial counsel was ineffective. | Woods/agency contends no effective-assistance claim applicable here. | Ineffective assistance not addressed; affirmed on other grounds. |
Key Cases Cited
- In re Utt Children, 2003-Ohio-4576 (5th Dist. Stark No. 2003CA00196 (Ohio 2003)) (ineffective assistance in permanent custody context cited by court)
- In re Logwood, 2005-Ohio-3639 (5th Dist. Guernsey No. 2004-CA-38 (Ohio 2005)) (precedents on ineffective assistance not extended beyond certain custody contexts)
- In re Fell, 2005-Ohio-2415 (5th Dist. Guernsey No. 2004-CA-39 (Ohio 2005)) (dispositional alternatives; relevance to custody dispositions)
- In re W.A., 2013-Ohio-3444 (5th Dist. Muskingum No. CT2013-0002 (Ohio 2013)) (analysis of ineffective-assistance arguments in dependency proceedings)
- Santosky v. Kramer, 455 U.S. 745 (U.S. Supreme Court (1982)) (due process and parental liberty interest in custody)