In re C.P.

931 N.E.2d 1105, 187 Ohio App. 3d 246
CourtOhio Court of Appeals
DecidedFebruary 2, 2010
DocketNos. 09AP-823 and 09AP-854
StatusPublished
Cited by7 cases

This text of 931 N.E.2d 1105 (In re C.P.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re C.P., 931 N.E.2d 1105, 187 Ohio App. 3d 246 (Ohio Ct. App. 2010).

Opinion

Klatt, Judge.

{¶ 1} Appellant J.P., the mother of C.P., appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, awarding permanent custody of her child to appellee, Franklin County Children Services (“FCCS”). The Franklin County Public Defender’s Office, as the child’s guardian ad litem, appeals from the same judgment. Because the trial court did not appoint counsel for J.P., we reverse that judgment and remand the matter for further proceedings.

{¶ 2} Appellant gave birth to C.P. on December 29, 2006. Within days, FCCS took custody of C.P. because the agency already had custody of J.P.’s other children.1 In August 2007, FCCS filed a complaint in the trial court alleging that C.P. was a neglected and dependent child. The complaint alleged that FCCS had temporary custody of C.P.’s siblings and had filed for permanent custody of those children. The complaint further alleged that J.P. failed to use parenting skills learned in classes and failed to complete drug and alcohol assessments, domestic-violence classes, and counseling. The trial court found C.P. to be a dependent child and awarded temporary custody of her to FCCS. She was placed in a foster home with her siblings.

{¶ 3} The trial court approved and adopted a case plan to reunify J.P. and her daughter. Significant components of that case plan required J.P. to (1) complete parenting classes and to use knowledge gained from the classes, (2) refrain from being an aggressor or victim in further incidents of domestic violence, (3) [249]*249maintain independent housing, and (4) engage in individual counseling and follow all recommendations resulting from the counseling.

{¶ 4} On June 3, 2008, FCCS filed a motion seeking permanent custody of C.P. pursuant to R.C. 2151.413 and 2151.414. In the motion, FCCS alleged that J.P. had failed to complete the case-plan objectives. Specifically, FCCS alleged that she had failed to complete individual counseling and parenting classes, continued to engage in domestic violence, and failed to visit regularly with C.P.

{¶ 5} On December 1 and 2, 2008, the trial court held a hearing on the agency’s motion for permanent custody. During that hearing, J.P. testified about her attempts to comply with her case plan by attending counseling and by obtaining adequate and independent housing. She also completed a domestic-violence assessment as well as parenting classes. She conceded that she had not taken advantage of the majority of allowed visits with her daughter. Nevertheless, she thought that she had bonded with her daughter. C.P.’s guardian ad litem requested that the trial court deny the agency’s motion, noting J.P.’s improvement in every aspect of the case plan in the three to four months before the hearing.

{¶ 6} The family’s caseworker, Erin Sines, testified about the concerns FCCS still had with J.P. In her opinion, J.P. and her daughter had not bonded. She also was concerned that J.P. was not consistent with her counseling efforts, as she had been terminated from her first counseling effort. Sines also expressed concerns with issues of continued domestic violence in J.P.’s life and her poor record of visiting with C.P. Sines requested that the trial court grant the agency’s motion for permanent custody.

{¶ 7} On December 4, 2008, the trial court granted permanent custody of C.P. to FCCS. Subsequently, we reversed that decision. We concluded that the trial court failed to consider the correct statutory factors in determining whether the grant of permanent custody was in the child’s best interest. In re C.P., 10th Dist. No. 08AP-1128, 2009-Ohio-2760, 2009 WL 1653556, ¶ 52-53. We remanded the matter to the trial court for further proceedings. Id. at ¶ 67.

{¶ 8} On remand, the trial court simply revised its decision to clearly indicate its reliance on the proper statutory factors. In that revised decision, the trial court again granted permanent custody of C.P. to FCCS.

{¶ 9} J.P. appeals and assigns the following errors:

1. The juvenile court erred in not taking current evidence into the record before terminating the parent-child relationship.
2. The juvenile court erred in not appointing counsel for mother before terminating the parent-child relationship.
[250]*2503. The juvenile court’s reliance on Ms. Sines’s testimony about the contents of reports was plain error.
4. The juvenile court erred in applying the repealed version of R.C. 2151.414(E)(11).
5. The juvenile court erred in finding that it is in the best interest of C.P. to permanently commit her to Franklin County Children Services.
6. Mother was deprived of her right to effective assistance of counsel.

{¶ 10} C.P.’s guardian ad litem also appeals and assigns the following errors:

[1.] The trial court erroneously granted Franklin County Children Services’ motion for permanent custody of C.P. as there was not clear and convincing evidence such award was necessary and in the child’s best interests.
[2.] The judgment of the trial court must be reversed as the record does not include a finding that Franklin County Children Services, as the agency seeking permanent custody, made reasonable efforts to reunify the family as required by In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104, 862 N.E.2d 816.

{¶ 11} At the outset, we recognize that parents have a constitutionally protected fundamental interest in the care, custody, and management of their children. Troxel v. Granville (2000), 530 U.S. 57, 66, 120 S.Ct. 2054, 147 L.Ed.2d 49; Santosky v. Kramer (1982), 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599. The Supreme Court of Ohio has recognized the essential and basic rights of a parent to raise his or her child. In re Murray (1990), 52 Ohio St.3d 155, 157, 556 N.E.2d 1169. These rights, however, are not absolute. In re Awkal (1994), 95 Ohio App.3d 309, 315, 642 N.E.2d 424; In re Sims, 7th Dist. No. 02-JE-2, 2002-Ohio-3458, 2002 WL 1483889, ¶ 23. A parent’s natural rights are always subject to the ultimate welfare of the child. In re Cunningham (1979), 59 Ohio St.2d 100, 106, 13 O.O.3d 78, 391 N.E.2d 1034.

{¶ 12} The Supreme Court of Ohio has described the permanent termination of parental rights as “ ‘the family law equivalent of the death penalty in a criminal case.’ ” In re Hayes (1997), 79 Ohio St.3d 46, 48, 679 N.E.2d 680, quoting In re Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45. Therefore, parents “ ‘must be afforded every procedural and substantive protection the law allows.’ ” Id.

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Bluebook (online)
931 N.E.2d 1105, 187 Ohio App. 3d 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cp-ohioctapp-2010.