In re T.K.
2018 Ohio 3333
Ohio Ct. App.2018Background
- RCCSB filed complaints alleging abuse of D.T. and dependency of T.K. and five siblings after an incident on Jan. 17, 2017 in which mother's paramour (W.D.) severely beat D.T.
- Mother (B.S.) initially agreed to voluntary safety placements for the children, then retrieved them in May 2017 and fled to Kentucky; RCCSB obtained temporary custody and the children were returned to Ohio.
- Adjudicatory hearings occurred July–October 2017 (multiple witnesses and photos admitted); dispositional hearings occurred Nov. 2017–Mar. 2018. Trial court/adopted magistrate found all six children dependent and two abused.
- Mother appealed only the March 16, 2018 adjudicatory order as to T.K.; RCCSB did not file a brief. Mother raised five assignments: dismissal for statutory delay, challenge to abuse findings for two children, challenge to dependency finding for T.K., challenge to removal/continued custody, and a facial/as-applied constitutional challenge to R.C. 2151.031(C).
- The juvenile court found (by clear and convincing evidence) that T.K. was dependent based on the household environment, history of abuse/rough treatment by mother’s paramours, and the specific assault on D.T.; the court also found RCCSB made reasonable efforts regarding removal given emergency circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2151.35(B)(1) requires dismissal if dispositional hearing not held within 90 days | B.S.: statute/Juv.R. time limit is mandatory and jurisdictional; case must be dismissed | RCCSB: (and court) timing is directory, not jurisdictional; dismissal would harm children's interests | Court: time limit is directory; no dismissal; assignment overruled |
| Whether D.T. and M.T. were properly found abused | B.S.: trial court erred in abuse findings | RCCSB: evidence supported abuse findings | Court: issue pertains to those children’s separate appeals; overruled here |
| Whether T.K. was properly adjudicated dependent under R.C. 2151.04 | B.S.: T.K. not dependent; insufficient evidence | RCCSB: environment and sibling abuse put T.K. at risk; clear and convincing evidence supports dependency | Court: dependency finding supported by clear and convincing evidence; assignment overruled |
| Whether RCCSB made reasonable efforts and removal was proper/continued | B.S.: removal/continued removal improper; RCCSB failed to make reasonable efforts | RCCSB: emergency removal justified; R.C. 2151.419 allows that prior contact absence does not bar a finding of reasonable efforts given child safety | Court: emergency removal and continued custody reasonable under statute; assignment overruled |
| Whether R.C. 2151.031(C) is facially/applicably unconstitutionally vague | B.S.: statute overbroad/vague and trial court relied on unreliable evidence | RCCSB: constitutional challenge waived (not raised below); statute permissible | Court: constitutional challenge waived for failure to raise in trial court; assignment overruled |
Key Cases Cited
- In re Sekulich, 65 Ohio St.2d 13 (discusses finality of adjudication without disposition)
- In re Davis, 84 Ohio St.3d 520 (statutory time prescriptions in juvenile context are directory, not jurisdictional)
- State v. Awan, 22 Ohio St.3d 120 (failure to raise a constitutional objection at trial ordinarily waives it on appeal)
- Cross v. Ledford, 161 Ohio St. 469 (standard of review for clear and convincing evidence)
- In re Estate of Haynes, 25 Ohio St.3d 101 (definition/description of clear and convincing evidence)
- Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181 (de novo review for statutory interpretation issues)