In re V.S.
2017 Ohio 9136
| Ohio Ct. App. | 2017Background
- V.S. (d.o.b. 6/16/16) was adjudicated dependent in Summit County juvenile court.
- Mother and Father are biological parents; prior case involved A.P. and C.S., who were adjudicated abused/neglected and placed in permanent custody of CCDCFS; parental rights terminated Sept. 15, 2016.
- CSB filed a dependency complaint on Sept. 23, 2016 with three bases: homelessness/incare, guardianship for child protection, and risk due to household conditions from sibling's abuse/neglect.
- Emergency temporary custody of V.S. was granted to CSB the same day.
- First adjudication date was continued for medical reasons; both parents later appeared but did not testify or present evidence.
- Magistrate found V.S. dependent under R.C. 2151.04(D)(1)-(2); determined no clear and convincing evidence under (A) or (C); disposition placed V.S. in temporary CSB custody; juvenile court adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dependency finding under D(1)-(2) is against weight of the evidence | Mother/Father contend the weight favors non-dependency. | CSB argues prior neglect/abuse history and current conditions show danger to V.S. | Not against weight; supported by evidence of prior neglect and ongoing risk. |
Key Cases Cited
- In re Hunt, 46 Ohio St.2d 378 (Ohio 1976) (adjudication must be based on evidence at adjudicatory hearing)
- In re R.L., 2017-Ohio-4271 (9th Dist. Summit No. 28387, 2017-Ohio-4271) (weighing entire record; manifest weight inquiry)
- In re W.C., 2005-Ohio-2968 (9th Dist. Summit No. 22356, 2005-Ohio-2968) (prior history can support dependency under D)
- In re T.P.-M., 2008-Ohio-6437 (9th Dist. Summit No. 24199, 2008-Ohio-6437) (dependency before harm may be found; caregiver conditions relevant)
- In re Campbell, 13 Ohio App.3d 34 (12th Dist. 1983) (court not required to wait for actual harm to occur)
- In re C.S., 2012-Ohio-2884 (9th Dist. Summit No. 26178, 2012-Ohio-2884) (context of prior neglect and household conditions)
- In re A.W., 2011-Ohio-4490 (9th Dist. Summit No. 26178, 2011-Ohio-4490) (consideration of prior issues in dependency determinations)
- In re Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (definition of clear and convincing evidence; standard)