In re J.H.

Summary

The Second District Court of Appeals of Ohio affirmed a juvenile court judgment terminating the mother's parental rights and granting permanent custody of five children to the Montgomery County Department of Job and Family Services. The court held that the juvenile court did not abuse its discretion or violate due process by denying a continuance after technical problems prevented the incarcerated parents from participating in the permanent custody hearing by video. The court applied the balancing factors from State v. Unger and concluded that the children's need for permanency, the delay, and the inconvenience to other participants supported proceeding with the hearing.

Holdings

1. The juvenile court did not abuse its discretion by denying Mother's request for a continuance. The court reasonably considered the technical uncertainty regarding a future video appearance, counsel's failure to ensure that video participation was available, the children's need for permanency, the substantial delay already associated with the pending custody motions, and the inconvenience to other participants.
2. The denial of Mother's continuance request did not violate due process.

Questions Presented

1. Whether the juvenile court abused its discretion by denying Mother's request to continue the permanent-custody hearing so she could participate virtually from prison.
2. Whether denial of the continuance violated Mother's constitutional right to due process.

Disposition

affirmed