In re Ja.S.

Summary

The Tenth District Court of Appeals of Ohio held that a mother was deprived of her right to counsel in proceedings concerning permanent custody of three children and temporary custody of another child. The court concluded that the juvenile court failed to determine whether she knowingly, voluntarily, and intelligently waived counsel and improperly proceeded without appointing counsel after repeated refilings of the complaints. The judgments were reversed and the cases were remanded for appointment of counsel and further proceedings.

Holdings

1. A parent cannot be deprived of the right to counsel in permanent-custody proceedings unless the juvenile court determines that the parent knowingly, voluntarily, and intelligently waived that right; a limited inquiry into counsel's difficulty contacting the parent and counsel's refusal to accept service is insufficient.
2. When a parent previously requested and received appointed counsel, the juvenile court must continue to recognize the parent's right to counsel in complaints refiled to satisfy the statutory 90-day requirement; the parent need not affirmatively request appointment again at each such refiling.
3. The juvenile court deprived mother of her right to counsel by conducting the permanent- and temporary-custody hearings and rendering decisions in her absence and without appointed counsel.

Questions Presented

1. Whether the juvenile court could deprive mother of appointed counsel in refiled permanent- and temporary-custody proceedings without determining that she knowingly, intelligently, and voluntarily waived the right to counsel.
2. Whether the juvenile court erred by failing to reappoint counsel for mother after excusing her previously appointed counsel and then conducting the custody proceedings in mother's absence.

Disposition

reversed_and_remanded