[Cite as In re M.C., 2013-Ohio-5689.]
COURT OF APPEALS
KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF: : JUDGES:
:
M.C. : Hon. William B. Hoffman, P.J.
: Hon. Patricia A. Delaney, J.
: Hon. Craig R. Baldwin, J.
:
:
: Case No. 13CA10
:
:
: OPINION
CHARACTER OF PROCEEDING: Appeal from the Knox County Court
of Common Pleas, Juvenile Division,
Case No. 2122062
JUDGMENT: Affirmed
DATE OF JUDGMENT: December 5, 2013
APPEARANCES:
For Plaintiff-Appellee For Appellant-Jasmine Cosner
MICHAEL D. SCHLEMMER JAY W. NIXON
Attorney for Knox County Zelkowitz, Barry & Cullers, Ltd.
Department of Job and Family 121 E. High Street
Services Mount Vernon, OH 43050
117 E. High Street, 3rd Floor
Mount Vernon, OH 43050 Attorney for Kimberly McDowell
BYRON CORLEY
22 North Walnut Street
Mansfield, OH 44902
Knox County, Case No. 13CA10 2
Baldwin, J.
{¶1} Appellant Jasmine Bales aka Jasmine Cosner appeals from the April 16,
2013 Journal Entry of the Knox County Court of Common Pleas, Juvenile Division.
STATEMENT OF THE FACTS AND CASE
{¶2} M.C. (DOB 8/18/12), who is the biological child of appellant and Scott
Cosner, tested positive for opiates at birth. On August 21, 2012, appellee Children
Services Unit of the Knox County Department of Job and Family Services filed a
complaint alleging that the child was an abused or dependent child. The complaint
asked for the court to grant temporary custody of M.C. to either the agency or a suitable
relative.
{¶3} Pursuant to a Magistrate’s Order filed on August 30, 2012 after a shelter
care hearing, the court granted temporary custody of the child to his paternal
grandmother subject to protective supervision. At an adjudicatory hearing on November
8, 2012, appellant admitted that M.C. was a dependent child and the trial court found
her to be a dependent child.
{¶4} Thereafter, on November 13 2012, the paternal grandmother filed a
motion seeking legal custody of M.C. A dispositional hearing was held on November
14, 2012. The Magistrate, in a Decision filed on December 27, 2012, recommended
that legal custody be granted to the paternal grandmother and that such custody
continue until further order of court.
Knox County, Case No. 13CA10 3
{¶5} Appellant filed objections to the Magistrate’s Decision. Pursuant to a
Journal Entry filed on April 16, 2013, the trial court overruled appellant’s objections and
affirmed and adopted the Magistrate's December 27, 2012 Decision.
{¶6} Appellant now raises the following assignment of error on appeal:
{¶7} JASMINE BALES, AKA JASMINE COSNER, RECEIVED INEFFECTIVE
ASSISTANCE OF COUNSEL FROM ATTORNEY JOHN A. DANKOVICH.
I
{¶8} Appellant, in her sole assignment of error, appellant maintains that she
was deprived of the effective assistance of trial counsel.
{¶9} This Court has recognized “ineffective assistance” claims in permanent
custody appeals. See, e.g., In re Utt Children, 5th Dist. Stark App. 2003CA00196,
2003–Ohio–4576. However, we have not expanded the doctrine of ineffective
assistance of counsel beyond criminal cases and those involving permanent custody.
See In re Logwood, 5th Dist. Guernsey No. 2004–CA–38, 2005–Ohio–3639, ¶ 26. See
also In the Matter of W.A., Jr., 5th Dist. Muskingum No. CT2013-0002, 2013-Ohio-3444.
{¶10} The present case did not result in an order of permanent custody to the
agency as defined under R.C. 2151.011(B)(32). We, therefore, will not further address
appellant's assignment of error.
Knox County, Case No. 13CA10 4
{¶11} For the reason stated in the foregoing Opinion, the decision of the Knox
County Court of Common Pleas, Juvenile Division, is hereby affirmed.
By: Baldwin, J.
Hoffman, P.J. and
Delaney, J. concur.
HON. CRAIG R. BALDWIN
HON. WILLIAM B. HOFFMAN
HON. PATRICIA A. DELANEY
CRB/dr
[Cite as In re M.C., 2013-Ohio-5689.]
IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN THE MATTER OF: :
:
M.C. :
:
: JUDGMENT ENTRY
:
:
:
: CASE NO. 13CA10
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Knox County, Juvenile Division is affirmed.
Costs assessed to appellant.
HON. CRAIG R. BALDWIN
HON. WILLIAM B. HOFFMAN
HON. PATRICIA A. DELANEY