2018 Ohio 325
Ohio Ct. App.2018Background
- Lucas County Children Services (LCCS) obtained interim temporary custody after mother was arrested for driving intoxicated with her three children in the car (Sept. 2015); mother admitted alcohol and prenatal marijuana use.
- Children adjudicated dependent/neglected (Oct. 2015); T.W. also adjudicated abused; LCCS later moved for permanent custody (July 2016).
- Mother had prior involvement with agency (2012, 2014) and a prior involuntary termination of parental rights to a different child (2010).
- Case plan required substance-abuse treatment, mental-health treatment, parenting classes, housing, and regular visitation; mother had sporadic compliance, missed classes and visits, tested positive for alcohol in May 2017, and failed multiple services (including Drug Court and PCIT).
- Juvenile court found by clear and convincing evidence that the children could not and should not be placed with mother within a reasonable time (R.C. 2151.414(E) factors), that mother lacked commitment, and that permanent custody to LCCS was in the children’s best interests (R.C. 2151.414(D)).
- Mother appealed, asserting (1) judgment was against the manifest weight of the evidence and (2) ineffective assistance of counsel for failing to introduce medical records for her asserted sickle cell anemia; the Sixth District affirmed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (LCCS) | Held |
|---|---|---|---|
| Whether permanent custody order was against the manifest weight of the evidence | Mother argued stable housing, employment, and sickle cell anemia explained service noncompliance and supported reunification | LCCS argued record showed chronic substance abuse, untreated mental-health disorders, inconsistent visitation, prior termination, and unsuccessful case-plan participation | Court held juvenile court’s permanent custody findings were supported by clear and convincing evidence and not against the manifest weight of the evidence |
| Whether trial counsel rendered ineffective assistance by failing to introduce medical records for sickle cell anemia | Mother argued counsel’s failure to introduce corroborating medical records prejudiced her because sickle cell anemia explained missed services/visits | LCCS argued presentation choices were tactical; mother testified about her condition; counsel actively cross-examined witnesses | Court held mother failed to overcome presumption of reasonable representation; no deficient performance or prejudice shown; claim denied |
Key Cases Cited
- State v. Phillips, 74 Ohio St.3d 72 (1995) (debateable trial tactics generally do not constitute ineffective assistance of counsel)
(Primary decision relies heavily on statutory standards for permanent custody under R.C. 2151.353 and 2151.414 and the clear-and-convincing evidence standard.)