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2024 Ohio 1885
Ohio Ct. App.
2024
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Background

  • Cuyahoga County Division of Children and Family Services (CCDCFS) was granted permanent custody of R.M., a minor child, after both parents, including appellant Father (Mr. R.M.), failed to complete case plan objectives related to substance abuse and parenting.
  • R.M. was removed from parental custody after both she and her mother tested positive for cocaine at birth in November 2022; emergency and then temporary custody was granted to CCDCFS.
  • The agency attempted but failed to find suitable blood relatives for placement; R.M. eventually lived with a foster family interested in adoption.
  • A guardian ad litem (GAL) recommended permanent custody to the agency due to both parents’ insufficient progress on their case plans.
  • Father failed to comply with substance abuse treatment, refused intensive inpatient care, inconsistently attended visitation, and did not appear at trial.
  • The trial court ruled in favor of the agency, finding by clear and convincing evidence that R.M. could not or should not be placed with either parent within a reasonable time and that permanent custody was in the child’s best interests.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Denial of Continuance Father argued denial of continuance (when absent from trial) violated due process. CCDCFS claimed Father did not expressly request a continuance and received proper notice via counsel. No abuse of discretion; Father received proper notice and failed to show good cause for continuance.
Sufficiency/Manifest Weight Father claimed evidence was insufficient to support permanent custody or parental rights termination. CCDCFS contended clear and convincing evidence showed parents failed to remedy original removal reasons. Sufficient, competent, credible evidence supported finding; permanent custody affirmed.
Evidentiary Rulings Father claimed plain error on unsworn GAL testimony and hearsay from social worker. CCDCFS argued any error was waived by lack of objection; out-of-court statements were not hearsay. No plain error; evidence properly admitted under the rules.
Ineffective Assistance Father asserted counsel failed to object, communicate, present evidence, or cross-examine GAL. CCDCFS noted no evidence of prejudice; communications issues were due to Father's contact failure. No ineffective assistance; no prejudice demonstrated.

Key Cases Cited

  • State v. Unger, 423 N.E.2d 1078 (Ohio 1981) (trial court discretion on continuance standard)
  • Santosky v. Kramer, 455 U.S. 745 (1982) (parental rights termination requires clear and convincing evidence)
  • In re J.B., 2013-Ohio-1704 (Ohio Ct. App. 2013) (permanent custody is family law equivalent of the death penalty)
  • Cross v. Ledford, 161 Ohio St. 469 (1954) (clear and convincing evidence standard)
  • Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to trial court findings on witness credibility)
  • Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
Read the full case

Case Details

Case Name: In re R.M.
Court Name: Ohio Court of Appeals
Date Published: May 16, 2024
Citations: 2024 Ohio 1885; 113443
Docket Number: 113443
Court Abbreviation: Ohio Ct. App.
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