In re K.J.

Summary

The Ohio Sixth District Court of Appeals affirmed the Lucas County Juvenile Division’s award of permanent custody of K.J. to Lucas County Children’s Services. The court held that the juvenile court adequately protected the mother’s right to counsel before permitting appointed counsel to withdraw, based on counsel’s reasonable efforts to contact the mother and inability to ascertain her wishes. The court concluded that the mother voluntarily, knowingly, and intelligently waived her right to counsel by failing to communicate with counsel.

Holdings

1. Before permitting appointed counsel to withdraw, the juvenile court must determine whether counsel's attempts to communicate with and obtain the parent's cooperation were reasonable and whether the communication failure prevented counsel from ascertaining the parent's wishes.
2. Mother voluntarily, knowingly, and intelligently waived her right to counsel when her prolonged failure to communicate with counsel, despite counsel's more-than-reasonable efforts, prevented counsel from ascertaining her wishes and the juvenile court considered those circumstances rather than treating her absence alone as an automatic waiver.

Questions Presented

1. Whether the juvenile court adequately protected mother's right to counsel before permitting appointed counsel to withdraw and proceeding with the permanent-custody trial.
2. Whether mother voluntarily, knowingly, and intelligently waived her right to counsel based on her failure to communicate with counsel and failure to appear.

Disposition

affirmed