2024 Ohio 681
Ohio Ct. App.2024Background
- Montgomery County Children Services (MCCS) filed dependency complaints in April 2023 concerning two children, S.W. and A.W., based on allegations of domestic violence, drug use, and parental neglect.
- Both parents had a history of domestic violence and substance abuse, with multiple prior interventions by MCCS and law enforcement at the family home.
- The court granted MCCS interim and then temporary custody due to ongoing safety concerns, including violence between the parents and violations of agency safety plans.
- A case plan set goals for the father, including addressing drug use, completing domestic violence intervention, maintaining income and housing, and cooperating with MCCS.
- During court hearings, the father contested MCCS custody, arguing he had completed case plan objectives; the mother agreed to MCCS temporary custody.
- The trial court found the father failed to convincingly document stable housing, income, or case plan progress, and that returning the children to either parent posed imminent risk of harm.
Issues
| Issue | Father's Argument | MCCS's Argument | Held |
|---|---|---|---|
| Award of Temp. Custody to MCCS | Father completed all objectives | Father was uncooperative, unverified objectives | Temporary custody to MCCS upheld |
| Evidence supporting dependency finding | Sufficient progress to regain custody | Ongoing risk: violence, failure to meet goals | Record supports dependency and removal |
| Case plan compliance | Asserts completion, therapist support | Unverified progress, failed to provide proof | Evidence supports non-completion |
| Ineffective assistance of counsel | Counsel failed to call therapist as witness | No deficient performance, trial strategy allowed | No ineffective assistance of counsel found |
Key Cases Cited
- In re C.R., 108 Ohio St.3d 369 (discusses legal vs. permanent custody and parental rights)
- Miller v. Miller, 37 Ohio St.3d 71 (presumption of trial court’s factual findings in custody cases)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (defines abuse of discretion standard)
- State v. Bradley, 42 Ohio St.3d 136 (Strickland standard for ineffective assistance in Ohio)