In re Riddle

680 N.E.2d 1227, 79 Ohio St. 3d 259
CourtOhio Supreme Court
DecidedJuly 23, 1997
DocketNo. 96-1304
StatusPublished
Cited by69 cases

This text of 680 N.E.2d 1227 (In re Riddle) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Riddle, 680 N.E.2d 1227, 79 Ohio St. 3d 259 (Ohio 1997).

Opinion

Alice Robie Resnick, J.

The court of appeals’ certification order invites this court to consider whether a juvenile court, as a matter of law, is foreclosed from entering a finding of neglect when it is uncontroverted that the allegedly neglected child is receiving proper care from a relative both at the time of the filing of the complaint and at the time of the adjudicatory hearing.2 For the reasons which follow, we distinguish the factual scenario of this ease from that in the cases certified as conflicting with the court of appeals’ decision. We affirm the judgment of the court of appeals, while at the same time generally approving of the rationales behind the decisions reached in the certified conflict cases.

We do not approach this case by expressly focusing on the certified question, but instead examine the circumstances leading to the trial court’s finding of [262]*262neglect to inquire whether the trial court’s decision was against the manifest weight of the evidence. To determine that Travis, Jr. was a neglected child under former R.C. 2151.03(A)(2), the trial court was required to find that the essential statutory elements were proven by clear and convincing evidence. See R.C. 2151.35(A) and Juv.R. 29(E)(4).

Our inquiry is guided by R.C. 2151.01, which sets out the purposes of R.C. Chapter 2151 relevant here:

“(A) To provide for the care, protection, and mental and physical development of children subject to Chapter 2151. of the Revised Code; « * * *

“(C) To achieve the foregoing purposes, whenever possible, in a family environment, separating the child from its parents only when necessary for his welfare or in the interests of public safety[.]”

Travis, Jr. was adjudged to be a neglected child pursuant to former R.C. 2151.03(A)(2), which defined a “neglected child” as any child “[w]ho lacks proper parental care because of the faults or habits of [the child’s] parents, guardian, or custodianf.]”3 In the complaint filed in juvenile court, he was also alleged (but was not found) to be a dependent child pursuant to former R.C. 2151.04(A), which defined a “dependent child” as any child “[w]ho is homeless or destitute or without proper care or support, through no fault of [the child’s] parents, guardian, or custodian[J”4

For our purposes here, it is useful to recognize a distinction between an allegation under R.C. 2151.03(A)(2) that a child is neglected and an allegation under R.C. 2151.04(A) that a child is dependent. R.C. 2151.03(A)(2) requires some showing that parents, a guardian, or a custodian is at fault before a finding of a lack of proper (or adequate) care can be made. R.C. 2151.04(A), on the other hand, requires no showing of fault, but focuses exclusively on the child’s situation to determine whether the child is without proper (or adequate) care or support. See In re East (C.P.1972), 32 Ohio Misc. 65, 61 O.O.2d 38, 288 N.E.2d 343.

Crisp and Darst, two of the certified conflict decisions, were dependency cases involving allegations of a lack of proper care pursuant to R.C. 2151.04. In both cases, the Tenth Appellate District found that, if a child is receiving proper care from relatives to whom the parent had entrusted the child’s care, then the child is [263]*263not a dependent child under R.C. 2151.04. See Crisp, Franklin App. No. 80AP-678, unreported, at 4-5; Darst, 117 Ohio App. at 379, 24 O.O.2d at 146, 192 N.E.2d at 290-291. We approve of the rationale behind Crisp and Darst, at least insofar as R.C. 2151.04(A) is concerned. Given that fault, (parental or otherwise) is not an issue in an R.C. 2151.04(A) dependency inquiry, so that the focus is exclusively on the child’s situation, a child who is receiving proper care pursuant to an arrangement initiated by the parent with a caregiver is not a dependent child under R.C. 2151.04(A).

Although a dependency case focuses on the condition or environment of the child, and not on fault, a neglect case, particularly one under R.C. 2151.03(A)(2), does require an inquiry into the “faults or habits” of the caregiver. The ultimate finding required under R.C. 2151.03(A)(2) is that the child lacks proper (or adequate) parental care due to those faults or habits. In Reese, the Tenth Appellate District considered whether a child is neglected when a parent temporarily, through an informal agreement, places the child with a relative. The Reese court cited Crisp and Darst, and determined that its reasoning in those dependency cases also applied to a neglect case. The court in Reese held that, if the relative was providing proper care pursuant to the informal agreement, the child could not be found to be lacking “proper parental care” under R.C. 2151.05, so that the child was not a neglected child. 4 Ohio App.3d at 62, 4 OBR at 112, 446 N.E.2d at 485. As we read Reese, the parent’s voluntary act of temporarily placing the child with a responsible relative is an indicator of proper parental care, and does not support a finding that the parent is at fault. Therefore, the care furnished by the relative can be imputed to the parent. “In such situations, the state has no interest in assuming guardianship since the obligations of care, custody, and support are being met.” Kurtz & Giannelli, Ohio Juvenile Law (1996-1997 Ed.) 42, Section 2.06(D). Just as we generally accept the reasoning behind Darst and Crisp, we also generally accept the reasoning underlying Reese.

Nevertheless, we find that a significant factual distinction exists between the situation in the Reese, Crisp, and Darst cases and the situation in this case. In Reese, as in Crisp and Darst, the parent voluntarily arranged for the child to be placed with a relative. One of the underlying concerns in cases of this type, as set out in R.C. 2151.01(C), is that the state should intervene only when necessary because the parent-child relationship may be fundamentally altered by the state’s intervention. In this case, however, the GCCSB caseworker was already involved prior to the filing of the neglect/dependency complaint in juvenile court, and it was through the caseworker’s initiative that Travis, Jr. was placed with relatives to provide stability in the child’s care. It was the caseworker who mediated the “contract” which set out the terms of the initial placement with Jeff and Christy Riddle. No credit can be imputed to Travis, Sr., the custodial parent, for the paternal grandparents’ provision of proper care in this situation.

[264]*264The court of appeals below in its opinion stated, “Just because a child is safe, whether it be in a foster home or the grandparents’ home, does not negate a finding the child is neglected because of the acts or omissions of the parents.” Given the facts of this case, we do not disagree with the appropriateness of this observation. Similarly, we endorse the approach of In re Poth (June 30, 1982), Huron App. No. H-81-31, unreported, 1982 WL 9371, in which the Sixth Appellate District, in a situation where the county assumed care of a child because the parents were not providing care, rejected an argument that the child could not be adjudged dependent as a matter of law when the child was receiving excellent foster care.

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Cite This Page — Counsel Stack

Bluebook (online)
680 N.E.2d 1227, 79 Ohio St. 3d 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-riddle-ohio-1997.