In re M.T.B., 2013 Ohio 4998

Mother, five children, and the father of the three youngest lived in Summit County; police found heroin, cocaine, drugs and packaging materials, cash, and a gun during a May 18, 2012 search of the home.
Children present during the search were removed; two others were later taken into CSB emergency custody; all five eventually placed with a maternal great-grandmother.
Adjudicatory hearing: three children present during the search were adjudicated abused, neglected, and dependent; the other two were adjudicated dependent.
Dispositional proceedings: parties agreed to return children to Mother under CSB protective supervision; magistrate recommended disposition accordingly.
Judge Hoffman signed the dispositional order adopting the magistrate’s decision; Mother objected; Judge Teodosio later independently reviewed and issued a dispositional judgment.
Mother challenges several rulings on service, authority of the signing judge, reasonable efforts findings, and the dependency determinations for two non-present children.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction over L.M. service deficiency	Mother claims defective service on L.M.'s father invalidates the proceeding.	CSB and court argue service issues were waived and timely objections were not raised.	Waived; appellate review not reached.
Authority of signing judge on dispositional order	Judge Hoffman lacked authority to sign the November 20 order after his appointment expired.	Even if authority questioned, error did not affect later independent dispositional order.	No reversible error; final dispositional order valid.
Need for reasonable efforts findings after disposition	R.C. 2151.419 requires findings after removals or continuations of removal.	Dispositional order returned children to Mother; no continued removal, so findings not required.	No error; findings not required under the circumstances.
Manifest weight of the evidence for dependency of L.M. and older P.S.	Two children not present during the search could not be found dependent due to lack of evidence of unsafe home.	Evidence showed unsafe environment and risk to all children; dependency supported.	Depedency supported by environment; not against manifest weight.

In re J.G., 2013-Ohio-417 (Ohio 2013) (reasonableness of efforts; continued removal distinctions)
In re C.F., 2007-Ohio-1104 (Ohio 2007) (reasonable efforts views on adjudicatory/dispositional orders)
In re J.B. (In re B.W.), 2012-Ohio-3416 (Ohio 2012) (dependency for unsafe homes; environmental focus)
Gliozzo v. Univ. Urologists of Cleveland, Inc., 114 Ohio St.3d 141 (Ohio 2007) (waiver of service defects when not raised in time)
Ragozine v. Shaker, 96 Ohio St.3d 201 (Ohio 2002) (personal jurisdiction objections; pleading timing)