In re S.K.
2018 Ohio 3332
Ohio Ct. App.2018Background
- RCCSB filed complaints May 4, 2017 alleging multiple children were abused or dependent after a January 17, 2017 incident in which mother's paramour (W.D.) severely beat one child (D.T.).
- Appellant (mother B.S.) had previously agreed to voluntary safety placements for the children but collected them in May 2017 and fled to Kentucky; RCCSB obtained temporary custody and recovered the children.
- Adjudicatory hearings occurred July–October 2017; dispositional hearings occurred November 2017–March 2018. The juvenile court found six children dependent and two abused; trial court adopted the magistrate’s decisions March 16, 2018.
- Mother appealed only the adjudicatory rulings (dependency/abuse and related matters); she did not appeal the final dispositional order and did not raise a constitutional vagueness challenge in the trial court.
- The juvenile court’s dependency findings as to S.K. were based on clear-and-convincing evidence of an unsafe environment (history of abuse/rough discipline by household members and the January 2017 injuries to siblings).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court must dismiss complaint for failing to hold dispositional hearing within 90 days (R.C. 2151.35(B)) | B.S.: statute is mandatory/jurisdictional; missed deadline requires dismissal | Trial court/RCCSB: time limit is directory; dismissal would harm children and is not required; delays here were not prejudicial | Statutory time is directory, not jurisdictional; no dismissal; first assignment overruled |
| Whether trial court erred in finding two children (D.T., M.T.) abused | B.S.: insufficiency/erroneous findings of abuse | RCCSB: photos, testimony, and evidence showed nonaccidental injuries and abusive conduct by household members | Not reached in S.K. appeal (those children have separate appeals); assignment overruled as to procedural posture |
| Whether trial court erred in finding S.K. dependent under R.C. 2151.04 | B.S.: environment did not meet dependency standard for S.K. | RCCSB: evidence of sibling abuse, household history, and unsafe environment supported dependency | Court affirmed: clear-and-convincing evidence supported dependency finding for S.K. |
| Whether removal and continued out-of-home placement were improper (reasonable efforts) | B.S.: removal/continued custody were improper | RCCSB: emergency removal justified; R.C. 2151.419 allows that reasonable efforts may be excused in emergency removals; agency made reasonable efforts thereafter | Court found removal and continued placement reasonable under statute; fourth assignment overruled |
| Whether R.C. 2151.031(C) is unconstitutionally vague/overbroad or applied unreliably | B.S.: statute vague and trial relied on unreliable evidence; due process violations | RCCSB: procedural objections not raised below; statutory construction and evidence were adequate | Constitutional challenge waived for failure to raise in trial court; assignment overruled |
Key Cases Cited
- In re Davis, 84 Ohio St.3d 520 (Ohio 1999) (statutory time provisions for juvenile procedures may be directory; remedy for delay is procedendo)
- In re Sekulich, 65 Ohio St.2d 13 (Ohio 1981) (a juvenile delinquency finding without disposition is not a final appealable order)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (standard for appellate review of clear-and-convincing evidence)
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (constitutional issues generally must be preserved by objection at trial)
- Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181 (Ohio 2009) (de novo review applies when legal interpretation of a statute is at issue)