In re M.C.
2016 Ohio 8294
| Ohio Ct. App. | 2016Background
- Parents Nicole Blackburn and Jason Campbell were incarcerated for child endangerment; their three children were placed with family and then in the board’s temporary custody after a dependency adjudication.
- Scioto County Children Services Board filed for permanent custody in August 2015; hearing initially set for Oct. 1, 2015.
- Paternal grandmother filed for custody on Sept. 30, 2015; parents moved for continuance so board/guardian ad litem could investigate.
- Hearing was continued again in December 2015 because father was not transported from prison; final hearing occurred March 7, 2016.
- Trial court granted permanent custody to the board on March 30, 2016, citing parents’ prior abuse convictions, ongoing incarceration, and best interests of the children.
Issues
| Issue | Blackburn's Argument | Board/Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2151.414(A)(2) deadlines (120/200 days) were violated and deprived Blackburn of due process | Trial court failed to hold the hearing within 120 days and failed to rule within 200 days, denying due process | Court may continue for good cause; statute expressly preserves court authority despite missed time limits; procedendo is available | Court held continuances were for good cause, the statute’s time limits are directory not jurisdictional, and no reversible error existed |
| Whether failure to seek writ of procedendo or object below forfeited relief | Blackburn frames delay as constitutional violation that can be raised on appeal | Failure to seek procedendo or object below forfeits the issue; procedendo protects due process | Court held Blackburn forfeited the claim by not seeking procedendo or objecting; no due process violation requiring reversal |
| Whether trial counsel’s failure to object to alleged time-limit violations constituted ineffective assistance | Counsel was deficient and prejudice occurred because of denial of procedural rights | Counsel was not deficient for failing to press a meritless claim; extra time aided preparation; no prejudice shown | Court applied Strickland standard and rejected ineffective-assistance claim; counsel not deficient and no prejudice established |
| Whether any statutory timing error would invalidate permanent-custody order | Blackburn: timing error invalidates order | Board: statute states timing failures do not affect authority or validity of orders | Court relied on statutory language and precedent: timing failures do not invalidate custody orders |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- In re Wingo, 143 Ohio App.3d 652 (Ohio Ct. App. 2001) (applying criminal ineffective-assistance standards to parental-rights termination contexts)
- State v. Short, 129 Ohio St.3d 360 (Ohio 2011) (discussing prejudice and performance standards under Strickland)