2018 Ohio 4369
Ohio Ct. App.2018Background
- Mother is parent of T.C. (b. 4/15/05) and E.C. (b. 8/24/07); father did not participate in proceedings.
- On 12/11/2017, a stranger forced 12-year-old T.C. and a friend at gunpoint into T.C.’s basement and raped both girls; forensic interview and medical exam followed and a suspect was indicted.
- Wayne County Children Services (CSB) offered services; Mother agreed to but failed to follow up on medical and trauma counseling for T.C. after the assault.
- After CSB’s attempts to contact Mother failed and a home visit with police ended with Mother uncooperative, the children were taken into custody and CSB filed complaints alleging abuse, neglect, and dependency.
- Juvenile court adjudicated T.C. abused, neglected, and dependent; adjudicated E.C. dependent; later placed both in CSB temporary custody. Mother appealed.
Issues
| Issue | Mother’s Argument | CSB’s Argument | Held |
|---|---|---|---|
| Whether evidence supported adjudication that T.C. was an abused child (R.C. 2151.031(A)) | The adjudication was against the manifest weight; evidence insufficient | Evidence of forcible rape, consistent forensic interview, medical history support abuse finding | Affirmed: clear and convincing evidence supported T.C. as abused |
| Whether evidence supported adjudication that T.C. was a neglected child (R.C. 2151.03(A)(3)) | Adjudication was against the manifest weight | Mother failed to obtain timely medical follow-up and trauma counseling for T.C. after assault | Affirmed: clear and convincing evidence supported T.C. as neglected |
| Whether the juvenile court’s dependency adjudications (T.C. and E.C.) complied with R.C. 2151.28(L) requiring written findings of fact and conclusions of law | Court erred by not making specific written findings supporting dependency; required for review | CSB conceded the court omitted findings but argued harmless error | Reversed in part and remanded: dependency adjudications vacated for failure to make the statutorily required specific written findings; court must enter findings and conclusions under R.C. 2151.28(L) |
Key Cases Cited
- In re Hunt, 46 Ohio St.2d 378 (1976) (adjudication must be supported by evidence adduced at adjudicatory hearing)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (1985) (definition and standard for clear and convincing evidence)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (formulation of the clear-and-convincing evidentiary standard)