In re V.H.

Citations

• 2019 Ohio 3097

Syllabus

Adjudicatory hearing object to magistrate's decision plain error Juv.R. 40 transcript of the magistrate's hearing ineffective assistance of counsel Strickland test substantial probability abused child neglected child R.C. 2151.031 endangered child R.C. 2919.22 reckless substantial risk. Trial court's decision to adopt the magistrate's decision was not against the manifest weight of the evidence. Because (1) appellant did not object to the magistrate's decision, and (2) appellant failed to file a copy of the magistrate's hearing transcripts with the trial court, the matter is reviewed for plain error. When appellant does not file a copy of the magistrate's hearing transcripts with the trial court, appellate courts are precluded from considering the transcript. Even where the transcripts are filed with the appeal, appellate courts may not consider the transcript on appeal regarding factual findings because the transcript was not properly before the trial court. The transcript can be reviewed to assess an ineffective assistance of counsel argument. Based upon the facts presented in this case, the trial counsel's failure to file objections to the magistrate's decision is deficient and satisfies the first prong of the Strickland test. The second Strickland prong is met when there is a substantial probability that the record does not support a finding of neglect or abuse and, therefore, the trial court would not have adopted the magistrate's decision if trial counsel had filed objections to that decision.