In re W.A.
2013 Ohio 3444
| Ohio Ct. App. | 2013Background
- MCCS removed W.A. (born 2009) on July 11, 2011 and filed a neglect/dependency complaint based on appellant Kirsten Miller’s history of leaving the child with inappropriate caregivers and the child’s poor condition (dirty, lice).
- W.A. was placed in foster care and then with non-relative Amanda Brunton after an agency home study; he was adjudicated neglected/dependent on September 29, 2011 and placed in Brunton’s temporary custody.
- On June 18, 2012 MCCS moved to convert temporary custody to legal custody in Brunton and to terminate protective supervision; the dispositional hearing was September 11, 2012.
- The guardian ad litem recommended legal custody to Brunton; MCCS presented testimony about mother’s progress (housing, counseling, parenting classes) but also instability (multiple residences, missed visits).
- The juvenile court granted legal custody to Brunton and terminated agency supervision; Miller appealed raising three assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether awarding legal custody to a non-parent without a signed R.C. 2151.353(A)(3) statement was reversible error | Miller: Brunton did not sign the statutorily required statement of understanding, so legal custody is invalid | MCCS: No timely objection at trial; any error is forfeited except for plain error; record shows Brunton had home study and understood responsibilities | Court: No plain error; parent waived objection by not raising it at trial; assignment overruled |
| Whether legal custody to Brunton was against the manifest weight of the evidence | Miller: Evidence showed she met some case-plan goals and custody to Brunton was not in child’s best interest | MCCS: Evidence of mother’s instability, missed visits, and GAL recommendation supported custody to Brunton | Court: Judgment supported by competent evidence and not an abuse of discretion; assignment overruled |
| Ineffective assistance of counsel claim | Miller: Trial counsel provided ineffective assistance prejudicing outcome | MCCS: Doctrine of ineffective-assistance not extended beyond criminal and permanent-custody contexts | Court: Declined to address because case did not involve permanent custody; assignment not considered |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error doctrine in civil context limited to defects that challenge legitimacy of judicial process)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial court has wide latitude in custody decisions; appellate review for abuse of discretion)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (standard for custody decision review and deference to trial court’s credibility determinations)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (appellate courts should not reverse based on differing credibility assessments)
- Karches v. Cincinnati, 38 Ohio St.3d 12 (1988) (when evidence allows multiple constructions, appellate courts must adopt interpretation that sustains the judgment)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (manifest-weight review requires showing the factfinder clearly lost its way and created a miscarriage of justice)