In re Lau.W.
2017 Ohio 7384
| Ohio Ct. App. | 2017Background
- Lucas County Children Services (LCCS) removed six children in June 2015 after multiple referrals (children left home alone; home in unsanitary condition; allegations of domestic and sexual abuse) and obtained temporary custody following a shelter-care hearing.
- Mother R.W. left the children for about eight months while in Kentucky; she did not contact LCCS from June–December 2015 and first recontacted the agency in January 2016 after her boyfriend was arrested on sexual abuse charges concerning one child.
- LCCS filed for permanent custody in April 2016. Medical and forensic evaluations (Dr. Randall Schlievert) found evidence consistent with penetrating trauma to one child and recommended no contact between the children and the alleged perpetrator, the mother, or the father.
- The case plan required mother to complete mental-health, domestic-violence, and parenting services, and obtain stable housing and income; she engaged sporadically, missed appointments, did not complete services, and lacked stable housing or employment.
- Trial occurred October and December 2016; the juvenile court granted permanent custody to LCCS and terminated parental rights; mother appealed raising three assignments of error.
Issues
| Issue | R.W.'s Argument | LCCS's Argument | Held |
|---|---|---|---|
| Whether GAL testimony should have been excluded for failing to satisfy Sup.R. 48(D) | GAL failed minimum duties (didn't meet mother outside agency or observe mother at visits); testimony should be stricken | GAL conducted investigations, filed reports, reviewed records, observed children and some visits, and attempted contact when mother was out of state | Court: GAL testimony admissible; Sup.R. 48 are guidelines and GAL's investigation was adequate; no error |
| Whether counsel for child A.W. rendered ineffective assistance | Counsel met child once, appointed shortly before trial, called no witnesses/exhibits, and allowed child to testify | Counsel cross-examined LCCS witnesses, advocated for A.W.'s wishes; child testimony was expression of wishes; no specific omitted evidence identified | Court: Counsel's performance not constitutionally deficient under Strickland; no prejudice shown |
| Whether permanent custody finding was against the manifest weight of the evidence | Mother argued she was visiting consistently after return, engaged in services, and seeking housing | LCCS pointed to mother's eight-month absence, failure to complete case-plan services, lack of housing/employment, and substantiated abuse by boyfriend; statutory factors met | Court: Trial court's finding supported by clear, convincing, competent evidence; R.C. factors applied and permanent custody in children’s best interests |
Key Cases Cited
- Cross v. Ledford, 161 Ohio St. 469 (1954) (defines clear and convincing evidence standard)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance of counsel)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (appellate review defers to trial court where competent, credible evidence supports judgment)
- In re Williams, 101 Ohio St.3d 398 (2004) (child is a party with right to counsel in parental-termination proceedings)
- Jones v. Lucas County Children Servs. Bd., 46 Ohio App.3d 85 (1988) (ineffective assistance standard applicable in parental-rights termination contexts)
- In re Brown, 98 Ohio App.3d 337 (1994) (trial court best positioned to weigh credibility in custody matters)