In Re Heston, 719 N.E.2d 93 (Ohio Ct. App. 1998). · Go Syfert
In Re Heston, 719 N.E.2d 93 (Ohio Ct. App. 1998). Cases Citing This Book View Copy Cite
188 citation events (182 in the last 25 years) across 5 distinct courts.
Strongest positive: In re C.D.L. (ohioctapp, 2026-03-30)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
cited Cited as authority (rule) In re C.D.L.
Ohio Ct. App. · 2026 · confidence medium
See, e.g., In re K.A., 2024-Ohio-5430, ¶ 29 (4th Dist.); In re Wingo, 143 Ohio App.3d 652 , 666 (4th Dist.), quoting In re Heston, 129 Ohio App.3d 825, 827 (1st Dist. 1998).
discussed Cited as authority (rule) In re X.P.
Ohio Ct. App. · 2026 · confidence medium
In re Wingo, 143 Ohio App.3d 652, 666 (4th Dist.2001), citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998); e.g., In re J.P.B., 2013-Ohio- 787, ¶ 23 (4th Dist.). “‘Where the proceeding contemplates the Scioto 25CA4149 50 loss of parents’ ‘essential’ and ‘basic’ civil rights to raise their children, . . . the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.’” Wingo, 143 Ohio App.3d at 666 , quoting Heston. {¶121} To establish constitutional…
discussed Cited as authority (rule) In re J.C. (2×) also: Cited "see, e.g."
Ohio Ct. App. · 2025 · confidence medium
In re P.M., 2008-Ohio-6041, ¶ 15 (2d Dist.); A.C. at id. “[T]he test for ineffective assistance of counsel used in criminal cases is equally applicable in actions seeking to force the permanent, involuntary termination of parental rights.” P.M. at id., citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist. 1998); see also A.C. at id.
discussed Cited as authority (rule) In re K.A.
Ohio Ct. App. · 2024 · confidence medium
In re Wingo, 143 Ohio App.3d 652, 666 (4th Dist.2001), citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998); e.g., In re J.P.B., 2013-Ohio- 787, ¶ 23 (4th Dist.); In re K.M.D., 2012-Ohio-755, ¶ 60 (4th Dist.); In re A.C.H., 2011-Ohio-5595, ¶ 50 (4th Dist.). “ ‘Where the proceeding contemplates the loss of parents’ “essential” and “basic” civil rights to raise their children, . . . the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.’ ” Win…
discussed Cited as authority (rule) In re A.J.W.
Ohio Ct. App. · 2024 · confidence medium
In re S.A., 2008-Ohio-2225, ¶ 8 (2d Dist.), citing In re Wingo, 143 Ohio App.3d 652, 666 (4th Dist.). “[W]hen the proceeding contemplates the loss of parents' essential and basic civil rights to raise their children, the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.” In re P.M., 2008-Ohio-6041, ¶ 15 (2d Dist.), citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist. 1998). {¶ 67} To succeed on an ineffective assistance of counsel claim, an appellant must est…
discussed Cited as authority (rule) In re S.W.
Ohio Ct. App. · 2023 · confidence medium
Gallia No. 11CA2, 2011-Ohio-5595, ¶ 50 . “ ‘Where the proceeding contemplates the loss of parents’ “essential” and “basic” civil rights to raise their children, * * * the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination Gallia App. Nos. 22CA9 and 22CA10 32 of parental custody.’ ” Wingo at 666, 758 N.E.2d 780 , quoting Heston at 827, 719 N.E.2d 93 . {¶53} A parent who seeks to overturn a permanent custody decision on the basis of ineffective assistance of counsel must es…
discussed Cited as authority (rule) In re R.D.
Ohio Ct. App. · 2021 · confidence medium
This is because "parental rights involve a fundamental liberty interest, procedural due process, which includes the right to effective assistance of counsel * * *." In re Tyas, citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998). {¶ 44} "In determining whether counsel was ineffective in a permanent custody hearing, a reviewing court must apply the two-tier test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 (1984)." In re C.S., 12th Dist.
cited Cited as authority (rule) In re M.A.
Ohio Ct. App. · 2021 · confidence medium
Id., citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998).
cited Cited as authority (rule) In re C.H.
Ohio Ct. App. · 2020 · confidence medium
Hancock No. 5-15-01, 2015-Ohio-2211 , ¶ 40, citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998).
cited Cited as authority (rule) In re C.B.
Ohio Ct. App. · 2014 · confidence medium
Summit Nos. 23606, 23608, & 23629, 2007–Ohio–3999, ¶ 27, citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998).
cited Cited as authority (rule) In re B.E.S.
Ohio Ct. App. · 2014 · confidence medium
Lucas No. L-13-1110, 2013-Ohio-5069 , ¶21, citing In re Heston, 129 Ohio App.3d 825, 827 (1st Dist.1998).
discussed Cited as authority (rule) In Re Adoption/Guardianship of Chaden M.
Md. Ct. Spec. App. · 2009 · confidence medium
Compare, e.g., Jones v. Arkansas Dep’t of Human Servs., 361 Ark. 164 , 205 S.W.3d 778, 794 (2005) (concluding that right to counsel in termination proceedings includes right to effective assistance of counsel and adopting the Strickland standard for ineffectiveness); People in Interest of V.M.R., 768 P.2d 1268, 1270 (Colo.App.1989) (concluding that Strickland applies to termination proceedings); In the Interest of A.H.P., 232 Ga.App. 330 , 500 S.E.2d 418, 421-422 (1998) (recognizing that an indigent parent has a right to effective assistance of counsel in a termination proceeding and applyin…
discussed Cited as authority (rule) In the Interest of K.L.
Tex. App. · 2002 · confidence medium
Svcs. v. V.K., 236 N.J.Super. 243 , 565 A.2d 706, 712-13 (App.Div.1989), cert. denied, 495 U.S. 934 , 110 S.Ct. 2178 , 109 L.Ed.2d 507 (1990); In re James W.H., 115 N.M. 256 , 849 P.2d 1079, 1080-81 (Ct.App.1993); In re Matthew C., 227 A.D.2d 679, 682 , 641 N.Y.S.2d 753 (N.Y.App.Div.1996); In re Oghenekevebe, 123 N.C.App. 434 , 473 S.E.2d 393, 396 (N.C.Ct.App.1996); In re Heston, 129 Ohio App.3d 825 , 719 N.E.2d 93, 95 (1998); In re D.D.F., 801 P.2d 703, 705-07 (Okla.1990), cert denied, 500 U.S. 922 , 111 S.Ct. 2027 , 114 L.Ed.2d 113 (1991); State ex rel.
discussed Cited as authority (rule) In Re KL
Tex. App. · 2002 · confidence medium
Div.1996); In re Oghenekevebe, 123 N.C.App. 434 , 473 S.E.2d 393, 396 (N.C.Ct.App.1996); In re Heston, 129 Ohio App.3d 825 , 719 N.E.2d 93, 95 (1998); In re D.D.F., 801 P.2d 703, 705-07 (Okla.1990), cert denied, 500 U.S. 922 , 111 S.Ct. 2027 , 114 L.Ed.2d 113 (1991); State ex rel.
examined Cited "see" In re A.C.H. (3×)
Ohio Ct. App. · 2011 · signal: see · confidence high
See In re Wingo (2001), 143 Ohio App.3d 652, 666 , 758 N.E.2d 780 (citing In re Heston (1998), 129 Ohio App.3d 825, 827 , 719 N.E.2d 93 ). “‘Where the proceeding contemplates the loss of parents’ ‘essential’ and ‘basic’ civil rights to raise their children, * * * the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.’” Id. (quoting Heston). {¶ 51} To reverse a trial court’s judgment based upon a claim of ineffective assistance, the defendant must sho…
discussed Cited "see" In Re Walling, Unpublished Decision (4-1-2005) (2×)
Ohio Ct. App. · 2005 · signal: see · confidence high
See In re Heston (1998), 129 Ohio App.3d 825 , 827 , 719 N.E.2d 93 ; see, also, Lockhart v. Fretwell (1993), 506 U.S. 364 , 372 , 113 S.Ct. 838 ; Strickland v. Washington (1984), 466 U.S. 668 , 693 , 104 S.Ct. 2052 .
examined Cited "see" In Re Curry, Unpublished Decision (2-11-2004) (3×)
Ohio Ct. App. · 2004 · signal: see · confidence high
See In re Wingo (2001), 143 Ohio App.3d 652 , 666 , 758 N.E.2d 780 (citing In re Heston (1998), 129 Ohio App.3d 825 , 827 , 719 N.E.2d 93 ). "`Where the proceeding contemplates the loss of parents' `essential' and `basic' civil rights to raise their children, * * * the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.'" Id. (quoting Heston ). {¶ 48} To reverse a trial court's judgment based upon a claim of ineffective assistance, the defendant must show, first, that co…
examined Cited "see" In the Matter of Riley, Unpublished Decision (7-25-2003) (3×)
Ohio Ct. App. · 2003 · signal: see · confidence high
See In re Wingo (2001), 143 Ohio App.3d 652 , 666 , 758 N.E.2d 780 (citing In re Heston (1998), 129 Ohio App.3d 825 , 827 , 719 N.E.2d 93 ). "`Where the proceeding contemplates the loss of parents' `essential' and `basic' civil rights to raise their children, * * * the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody.'" Id. (quoting Heston ). {¶ 19} To reverse a trial court's judgment based upon a claim of ineffective assistance, the defendant must show, first, that co…
discussed Cited "see" In Re Allen, Unpublished Decision (3-8-2000) (2×)
Ohio Ct. App. · 2000 · signal: see · confidence high
See In re Heston (1998), 129 Ohio App.3d 825 , 828 , 719 N.E.2d 93 , 95 ; In the Matter of Taylor (June 11, 1999), Ashtabula App. No. 97-A-0046, unreported.
discussed Cited "see, e.g." In re S.D. (2×)
Ohio Ct. App. · 2011 · signal: see also · confidence low
In re Adoption of Holcomb (1985), 18 Ohio St.3d 361, 368 , 481 N.E.2d 613 ; see, also, In re Heston (1998), 129 Ohio App.3d 825, 828 , 719 N.E.2d 93 .
discussed Cited "see, e.g." In re W.W. (2×)
Ohio Ct. App. · 2011 · signal: see also · confidence low
C-040182, C-040203, and C-040282, 2004- Ohio-4107, ¶37. 14 See In re Adoption of Holcomb (1985), 18 Ohio St.3d 361, 368 , 481 N.E.2d 613 ; see, also, In re Heston (1998), 129 Ohio App.3d 825, 828 , 719 N.E.2d 93 , and In re Walling, supra, 2006-Ohio- 810, at ¶15. 15 In re Baby Girl Doe, 149 Ohio App.3d 717 , 2002-Ohio-4470 , 778 N.E.2d 1053, ¶89 , citing C.E.
discussed Cited "see, e.g." People ex rel. A.J. (2×)
Colo. Ct. App. · 2006 · signal: see also · confidence low
People in Interest of T.L.D., supra; People in Interest of V.M.R., 768 P.2d 1268 (Colo.App.1989); see also In re Heston, 129 Ohio App.3d 825, 827 , 719 N.E.2d 93, 95 (1998) (the “test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody”); In re K.L., supra (recognizing that parental termination cases are in the same category as criminal cases for purposes of ineffective assistance of counsel analysis).
discussed Cited "see, e.g." The PEOPLE of the State of Colorado, In the Interest of A.J., a Child, and Concerning C.J. (2×)
Colo. Ct. App. · 2006 · signal: see also · confidence low
People in Interest of T.L.D., supra; People in Interest of V.M.R., 768 P.2d 1268 (Colo.App.1989); see also In re Heston, 129 Ohio App.3d 825, 827 , 719 N.E.2d 93, 95 (1998) (the "test for ineffective assistance of counsel used in criminal cases is Page 1149 equally applicable to actions seeking to force the permanent, involuntary termination of parental custody"); In re K.L., supra (recognizing that parental termination cases are in the same category as criminal cases for purposes of ineffective assistance of counsel analysis).
discussed Cited "see, e.g." The PEOPLE of the State of Colorado, In the Interest of A.J., a Child, and Concerning C.J. (2×)
Colo. Ct. App. · 2006 · signal: see also · confidence low
People in Interest of T.L.D., supra; People in Interest of V.M.R., 768 P.2d 1268 (Colo.App.1989); see also In re Heston, 129 Ohio App.3d 825, 827 , 719 N.E.2d 93, 95 (1998) (the "test for ineffective assistance of counsel used in criminal cases is Page 1149 equally applicable to actions seeking to force the permanent, involuntary termination of parental custody"); In re K.L., supra (recognizing that parental termination cases are in the same category as criminal cases for purposes of ineffective assistance of counsel analysis).
discussed Cited "see, e.g." People Ex Rel. Aj (2×)
Colo. Ct. App. · 2006 · signal: see also · confidence low
People in Interest of T.L.D., supra ; People in Interest of V.M.R., 768 P.2d 1268 (Colo.App.1989); see also In re Heston, 129 Ohio App.3d 825, 827 , 719 N.E.2d 93, 95 (1998) (the "test for ineffective assistance of counsel used in criminal cases is *1149 equally applicable to actions seeking to force the permanent, involuntary termination of parental custody"); In re K.L., supra (recognizing that parental termination cases are in the same category as criminal cases for purposes of ineffective assistance of counsel analysis).
discussed Cited "see, e.g." In Re Kinney, Unpublished Decision (5-10-2002) (2×)
Ohio Ct. App. · 2002 · signal: see also · confidence low
See In re William S . (1996), 75 Ohio St.3d 95 , 661 N.E.2d 738 , syllabus; see, also, In re Adoption of Holcomb , 18 Ohio St.3d at 368 , 481 N.E.2d at 621 , and In re Heston (1998), 129 Ohio App.3d 825 , 828 , 719 N.E.2d 93 , 95 .
Retrieving the full opinion text from the archive…
In Re Heston.
No. C-970265..
Ohio Court of Appeals.
Sep 18, 1998.
719 N.E.2d 93
Jerome P. Stineman , for appellants Charles and Beverly Heston. Joseph T. Deters, Hamilton County Prosecuting Attorney, and George Stricker, Jr., Assistant Prosecuting Attorney, for appellee Hamilton County Department of Human Services. Theresa O'Brien Roth , guardian ad litem for Elizabeth and Sarah Heston.
Doan, Gorman, Bettman.
Cited by 98 opinions  |  Published
Per Curiam.

Appellants Charles and Beverly Heston appeal from the decision of the Hamilton County Juvenile Court awarding permanent custody of their children, Elizabeth and Sarah Heston, to the appellee, Hamilton County Department of Human Services (“DHS”).

Pursuant to R.C. 2151.414(E)(1), the trial court found by clear and convincing evidence that, following removal of the children and notwithstanding the efforts of DHS to remedy the sexual and physical abuse inflicted by two older brothers and by an uncle, the Hestons had failed continuously and repeatedly to substantially remedy the conditions and had failed to demonstrate an ability to protect the children from further harm. The trial court, therefore, granted permanent custody to DHS. In re William S. (1996), 75 Ohio St.3d 95, 661 N.E.2d 738, syllabus.

[*827] In their first assignment of error, the Hestons contend that their trial counsel’s failure to object to the alleged hearsay testimony of two caseworkers and to object to the admission of certain exhibits were substantial failures of essential duties that denied them the effective assistance of counsel. In a portion of their second assignment of error, the Hestons directly assert that the trial court erred in admitting the hearsay evidence of sexual abuse.

The right to counsel, guaranteed in these proceedings by R.C. 2151.352 and Juv.R. 4, includes the right to the effective assistance of counsel. McMann v. Richardson (1970), 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763; Jones v. Lucas Cty. Children Serv. Bd. (1988), 46 Ohio App.3d 85, 546 N.E.2d 471. Where the proceeding contemplates the loss of parents’ “essential” and “basic” civil rights to raise, their children, In re Murray (1990), 52 Ohio St.3d 155, 157, 556 N.E.2d 1169, 1171, citing Stanley v. Illinois (1972), 405 U.S. 645, 651, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551, 558-559, the test for ineffective assistance of counsel used in criminal cases is equally applicable to actions seeking to force the permanent, involuntary termination of parental custody. Jones v. Lucas Cty. Children Serv. Bd., 46 Ohio App.3d at 86, 546 N.E.2d at 473; see, also, In re Brodbeck (1994), 97 Ohio App.3d 652, 647 N.E.2d 240; In re Eskins (July 13, 1998), Butler App. No. CA97-10-199, unreported, 1998 WL 391375; In re Mull (Mar. 24, 1997), Seneca App. No. 13-96-38, unreported, 1997 WL 155412.

To prevail, the Hestons must show that their counsel’s performance was deficient and that the deficient performance so prejudiced them as to deny them a proceeding whose result was reliable and fundamentally fair. Lockhart v. Fretwell (1993), 506 U.S. 364, 372, 113 S.Ct. 838, 844, 122 L.Ed.2d 180, 190-191; Strickland v. Washington (1984), 466 U.S. 668, 693, 104 S.Ct. 2052, 2067, 80 L.Ed.2d 674, 697.

After reviewing all the proceedings in the trial court, including the Hestons’ March 21, 1995 stipulation to the truthfulness of the allegations that the children were victims of sexual and physical abuse, the continuing reports by the children of abuse, the cross-examination of the caseworkers by the children’s guardian ad litem, the largely unrebutted testimony of a child psychiatrist and licensed psychologists concerning continuing harm to the children, the admission of the children’s hospital records, as exceptions to the hearsay rule pursuant to Evid.R. 803(4) and 803(6), and the calling of at least three defense witnesses, we hold that the record does not demonstrate any deprivation of a substantial or procedural right which rendered the trial fundamentally unfair. Lockhart v. Fretwell, 506 U.S. at 372, 113 S.Ct. at 844, 122 L.Ed.2d at 190-191. The first assignment of error is overruled. That portion of the second assignment of error addressing the admission of evidence is also overruled.

[*828] In the remaining argument contained in their second assignment of error, the Hestons challenge the manifest weight of the evidence adduced to support the trial court’s award of permanent custody to DHS. This argument must fail. The trial court had ample evidence that, despite the passage of over eighteen months of intervention by DHS, the Hestons had failed to remedy the situation to the point where they were able to adequately provide care and protection for their two daughters.

A judgment supported by some competent, credible evidence going to all the essential elements of the case or defense will not be reversed by a reviewing court as being against the manifest weight of the evidence. Myers v. Garson (1993), 66 Ohio St.3d 610, 614 N.E.2d 742; C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, 8 O.O.3d 261, 376 N.E.2d 578. The record contains sufficient clear and convincing evidence to support the trial court’s decision. See In re Adoption of Holcomb (1985), 18 Ohio St.3d 361, 18 OBR 419, 481 N.E.2d 613. The remaining portion of the second assignment of error is overruled.

Therefore, the judgment of the trial court is affirmed.

Judgment affirmed.

Doan, P.J., Gorman and Marianna Brown Bettman, JJ., concur.