2021 Ohio 1078
Ohio Ct. App.2021Background
- M.A., born 2006, was taken into FCCS emergency custody in May 2017 after he vaginally penetrated his six‑year‑old sister; magistrate adjudicated him dependent and placed him with FCCS.
- M.A. was moved through foster care and several residential treatment facilities (Columbus and Indianapolis) and was diagnosed with conduct disorder, PTSD, ADHD, and sexually maladaptive behaviors.
- The agency filed for permanent custody in October 2018 after M.A. had been in agency custody for more than 12 of 22 consecutive months.
- Mother is a Somali speaker; an interpreter was present at the August 2017 dependency hearing, but mother did not consistently appear at later hearings and did not timely request court‑appointed interpreters or a Somali case plan.
- Mother’s counsel told the magistrate he would not contest the permanent‑custody motion; the magistrate treated the matter as contested and later granted permanent custody.
- Mother appealed claiming (1) denial of due process for lack of interpreter/case plan in Somali, and (2) ineffective assistance of counsel; the trial court and this court affirmed the grant of permanent custody.
Issues
| Issue | Mother’s Argument | FCCS’s Argument | Held |
|---|---|---|---|
| Whether mother was denied due process by not being provided a Somali interpreter or a case plan in Somali | Mother: she could not meaningfully participate or understand case plan/hearings without Somali interpreter or Somali case plan | FCCS: record shows mother understood and communicated in English; no timely request for interpreter; counsel represented her at hearings | Held: No plain error. Record showed mother responded appropriately in English and communicated with agency; court did not abuse discretion in not appointing interpreter absent a timely request or obvious incapacity |
| Whether mother received ineffective assistance of counsel (failure to secure interpreter; counsel proceeded uncontested) | Mother: counsel should have obtained an interpreter and should not have proceeded uncontested on permanent custody | FCCS: counsel’s performance not shown to be deficient in record; mother cannot show prejudice because abundant evidence supported permanent custody | Held: Claim fails under Strickland. Mother did not demonstrate deficient performance or a reasonable probability of a different outcome; trial evidence met clear‑and‑convincing standard for permanent custody |
Key Cases Cited
- In re Murray, 52 Ohio St.3d 155 (1990) (parental rights are fundamental; termination demands full procedural protections)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain‑error standard in civil cases)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective‑assistance test: deficiency and prejudice)
- State v. Phillips, 74 Ohio St.3d 72 (1995) (cautionary use of plain‑error doctrine)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
- State ex rel. Heller v. Miller, 61 Ohio St.2d 6 (1980) (right to counsel in juvenile permanent‑custody proceedings)
- In re Schaefer, 111 Ohio St.3d 498 (2006) (factors for best‑interest analysis in custody cases)
- In re K.H., 119 Ohio St.3d 538 (2008) (R.C. 2151.414 governs termination of parental rights)
- In re Brofford, 83 Ohio App.3d 869 (1992) (noncompliance with case plan may support termination)