In re M.W., 2021 Ohio 1129

Mother is parent of M.W. (b. 2012) and N.W. (b. 2014); WCCS filed dependency complaints in Nov. 2019 and an adjudicatory hearing occurred Feb. 17, 2020.
Jan. 2019: Kentucky agency reported suspected maternal drug use; mother moved to Ohio during that investigation; mother initially tested negative but later failed to cooperate and investigation was closed.
May 2019: police responded after a cousin admitted smoking marijuana in the home; drugs were present in the residence though mother denied use.
Aug–Sept. 2019: incidents included mother’s heavy drinking (memory lapses), domestic dispute requiring police, N.W. sustaining a head bruise allegedly from a thrown cell phone, and mother once failing to meet M.W. at the school bus.
Nov. 2019: mother refused drug screening and otherwise refused to cooperate with WCCS; court-ordered forensic interviews were obtained; mother later complied with court order for interviews.
Juvenile court found children dependent under R.C. 2151.04(C), continued protective supervision, and the magistrate’s disposition (continued WCCS supervision) was adopted; mother appealed.

Issue	Plaintiff's Argument (WCCS)	Defendant's Argument (Mother)	Held
Whether children are dependent under R.C. 2151.04(C)	Circumstances (drug presence/use, alcohol-related blackout, injury to N.W., missed bus pickup, domestic turmoil, and mother’s refusal to cooperate) create a legitimate risk of harm warranting state guardianship	Evidence insufficient to prove a risk of harm; lack of cooperation alone cannot establish dependency; mother denies drug use and that children were harmed	Affirmed: court held clear and convincing evidence supported dependency; refusal to cooperate was a negative inference and evidence showed environment adverse to children’s welfare

In re Burrell, 58 Ohio St.2d 37 (1979) (adverse impact on child must be specifically demonstrated; courts need not wait for actual harm where circumstances create a legitimate risk of harm)