2020 Ohio 5244
Ohio Ct. App.2020Background
- S.G. was born September 20, 2019; HCJFS filed for interim and permanent custody before discharge and placed S.G. with the foster family caring for her brother M.G.
- Mother had a 2018 drug-trafficking indictment and a guilty plea to trafficking in cocaine; M.G. was later awarded permanently to HCJFS after prior proceedings.
- Mother missed multiple scheduled hearings and four of 10 weekly visits with S.G.; she admitted recent marijuana use and had prior positive hair-follicle cocaine tests.
- HCJFS case plan required drug screening, updated diagnostic assessment, housing, income, and regular visitation; the agency reported only minimal compliance by mother.
- The foster parents sought to adopt both siblings; the guardian ad litem supported granting permanent custody to HCJFS.
- A magistrate granted permanent custody to HCJFS on January 21, 2020; the juvenile court adopted that decision and mother appealed.
Issues
| Issue | Mother's Argument | HCJFS / State's Argument | Held |
|---|---|---|---|
| Whether denial of continuance and proceeding in mother’s absence violated due process | Mother was hospitalized and absence deprived her of right to be present at a permanency hearing | Mother voluntarily forfeited physical presence; counsel participated fully; mother had history of missed hearings | Court did not abuse discretion denying continuance; Mathews balancing favored proceeding; counsel reasonably represented mother |
| Admissibility of hearsay (drug-test results and mother’s statements) | Test results were inadmissible hearsay; related testimony should be excluded | Mother’s own statements against her admitted as nonhearsay under Evid.R. 801(D)(2)(a); any testimonial error was harmless | Court properly admitted mother’s statements; any other hearsay error was harmless and not relied on in decision |
| Alleged defect in complaint for not naming a "John Doe" father | Failure to name possible unknown father rendered complaint defective | Mother stipulated Richard Johnson as father and failed to timely object under Juv.R. 22(D) | Issue waived for failure to raise before adjudication; no reversal |
| Sufficiency/weight of evidence for permanent custody | Evidence insufficient and against weight; mother had mitigating explanations | Record showed minimal case-plan compliance, missed visits, substance issues, and prior involuntary termination re: sibling; best-interest factors favored custody to HCJFS | Court’s permanent-custody finding was supported by clear and convincing evidence and was not against the manifest weight of the evidence |
Key Cases Cited
- State v. Unger, 67 Ohio St.2d 65, 423 N.E.2d 1078 (1981) (factors for trial-court discretion in ruling on continuance requests)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (three-factor balancing test for procedural due-process claims)
- In re K.H., 119 Ohio St.3d 538, 895 N.E.2d 809 (2008) (definition and standard for "clear and convincing" evidence in juvenile termination cases)
- In re R.K., 152 Ohio St.3d 316, 95 N.E.3d 394 (2018) (recognition of parental-termination proceedings as requiring heightened procedural protections)