In re M.R.
2011 Ohio 3733
| Ohio Ct. App. | 2011Background
- In re M.R., Jr., Greene County, Ohio Court of Appeals; termination of parental rights and grant of permanent custody to GCCSB; decision August 6, 2010; Father appeals filed September 3, 2010.
- M.R. (born March 8, 2001) is child of Father and Mother; J.R. born to Mother with her boyfriend N.H.; GCCSB became involved due to J.R.’s methadone addiction findings and parental incarceration.
- GCCSB obtained ex parte emergency custody October 8, 2007; shelter care hearing October 9, 2007; adjudication of dependency/neglect December 18, 2007; temporary custody to GCCSB thereafter.
- M.R. placed with paternal aunt/uncle in May 2008, briefly, then returned to GCCSB custody October 8, 2008 and placed in a foster home where he has resided since.
- Father released from prison November 2007, lived with grandmother W.B.; both parents largely failed to comply with the case plan from December 2007 through October 2008; Father later incarcerated again January 2010.
- GCCSB moved for permanent custody March 5, 2010; Mother’s June 25, 2010 drug screen was positive; hearing held August 3, 2010; permanent custody granted August 6, 2010; Father represented by counsel but not present due to incarceration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of transportation to the hearing violated due process | Father argues due process violation from being denied transport to the hearing. | GCCSB argues court properly exercised discretion with represented parent, full record, and alternative means to present position. | No abuse of discretion; denial affirmed. |
| Whether permanent custody to GCCSB was in M.R.’s best interests | Father contends not in best interests; child wished to live with Father after release; relatives proposed as placement. | GCCSB argues statutory criteria met; no suitable relatives; child in stable foster care; GAL recommended permanent custody. | Court properly found in best interests to grant permanent custody to GCCSB. |
Key Cases Cited
- In re R.D., 2009-Ohio-1287 (Ohio) (incarcerated parent may be accommodated by counsel and record without transport)
- The Matter of Joseph P., 2003-Ohio-2217 (Ohio) (court discretion on transportation of incarcerated parent)
- Vanderlaan v. Pollex, 96 Ohio App.3d 235 (1994) (abuse of discretion standard for juvenile court decisions)
- Matthews v. Eldridge, 424 U.S. 319 (U.S. 1976) (due process balancing factors for procedural safeguards)
- In re C. W., 2004-Ohio-6411 (Ohio) (best interests and statutory framework for permanent custody)
- In re D.J., 2006-Ohio-6304 (Ohio) (limits on extensions of temporary custody)
- In re Joseph P., 2003-Ohio-2217 (Ohio) (deposition as alternative to presence at hearing)