In re T.C.
2015 Ohio 3665
Ohio Ct. App.2015Background
- T.C. (born June 2014) was placed in interim temporary custody of Lucas County Children Services (LCCS) one month after mother L.C. lost permanent custody of six older children; LCCS later moved for permanent custody of T.C.
- Prior agency involvement dated back to 2009 for child endangerment and repeated neglect/abuse referrals; mother’s parental rights to six siblings were involuntarily terminated in 2014.
- LCCS alleged ongoing concerns with mother’s mental health, failure to complete psychological evaluation/counseling, unstable and unsuitable housing, inconsistent visitation, and lack of protection of the older children.
- At the February 2015 hearings, LCCS caseworkers and the guardian ad litem testified that mother failed to complete required services, housing was inappropriate and not verified, and the child was thriving in foster care.
- The juvenile court granted LCCS’s motion for permanent custody, finding by clear and convincing evidence that placement with either parent was not possible within a reasonable time and that permanent custody to LCCS was in the child’s best interest.
- Mother appealed, raising (1) ineffective assistance of counsel for not objecting to the guardian ad litem’s testimony and report, (2) that the guardian failed to comply with Sup.R. 48, and (3) that LCCS failed to make reasonable/diligent efforts to reunify.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS) | Held |
|---|---|---|---|
| Admissibility of guardian ad litem testimony and report / trial counsel ineffective for not objecting | GAL testimony and report should have been excluded for noncompliance with Sup.R. 48; counsel ineffective for failing to object | GAL’s testimony complied sufficiently; trial court has discretion to admit GAL testimony and report; absence of objection not prejudicial | Court: No abuse of discretion admitting GAL testimony/report; counsel not ineffective under Strickland |
| Whether Sup.R. 48 noncompliance bars GAL evidence | GAL failed to strictly follow Sup.R. 48 requirements | Sup.R. 48 are internal guidelines and do not create individual rights; trial court may consider GAL evidence and weigh it | Court: Sup.R. 48 noncompliance did not preclude testimony; rule is guidance, not a procedural bar |
| Whether LCCS made reasonable/diligent efforts to reunify the family | LCCS could have done more; agency’s efforts were insufficient | Agency provided extensive case plan and services over years; mother repeatedly failed to engage; reasonable efforts not required because mother had prior involuntary terminations | Court: LCCS made reasonable/diligent efforts; R.C. 2151.419(A)(2)(e) excused showing reasonable efforts due to prior involuntary termination; permanent custody supported by clear and convincing evidence |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard defined)
- Vaughn v. Maxwell, 2 Ohio St.2d 299 (1966) (licensed attorney presumed competent)
- State v. Gettys, 49 Ohio App.2d 241 (Ohio App. 1976) (rules of superintendence are internal guidance and do not create private rights)
- In re Weaver, 79 Ohio App.3d 59 (1992) (definition of reasonable efforts by agency)