{¶ 19} Nevertheless, because termination of parental rights is '"the family law equivalent of the death penalty in a criminal case,'" In re J.B., 8th Dist. Cuyahoga No. 98546, 2013-Ohio-1704, ¶ 66, quoting In re Hoffman, 97 Ohio St.3d 92, 2002-Ohio-5368, 776 N.E.2d 485, ¶ 14, it is "an alternative of last resort," In re Gill, 8th Dist. Cuyahoga No. 79640, 2002-Ohio-3242, ¶ 21. "[G]reat care must be taken to ensure that due process is used in parental termination proceedings," In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.), and "parents 'must be afforded every procedural and substantive protection the law allows."' In re Hayes at 48, quoting In re Smith, 77 Ohio App.3d 1, 16, 601 N.E.2d 45 (
However, "a parent facing termination of parental rights must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding." In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). In re A.W., 2020-Ohio-3373, at ¶ 29 (8th Dist.).
in order to have standing to argue that due process was not followed in a termination proceeding." In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). Any potential prejudice to a party denied a continuance is weighed against a trial court's "right to control its own docket and the public's interest in the prompt and efficient dispatch of justice."
"[G]reat care must be taken to ensure that due process is used in parental-termination proceedings." In re K.S.W., 11th Dist. Portage Nos. 2023-P-0046 and 2023-P-0047, 2023-Ohio-3763, ¶ 32, citing In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.).
Thus, "great care must be taken to ensure that due process is used in parental-termination proceedings." In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). {¶33} While the rights of a parent to his or her child are fundamental, they are always subject to the ultimate welfare of the child, which is the polestar or controlling principle to be observed.
While I recognize that biological parents have a constitutionally protected right to be present at a permanent custody hearing, In re Sears, 10th Dist. Franklin No. 01AP-715, 2002-Ohio-368, ¶ 11, "a parent facing termination of parental rights must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding." In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). While biological parents have certain rights concerning their children, '"the focus of a permanent custody hearing and decision is not the parent's rights but rather the child's best interests."'
A parent facing termination of parental rights "must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding." In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). Father failed to communicate with the court or his counsel regarding the circumstances of his absence.
In re A.W., 2020-Ohio-3373, at ¶ 29, quoting In the Matter of Rachal, 6th Dist. Lucas No. L-02-1306, 2003-Ohio-1041, ¶ 12. The parent facing termination of parental rights, however, "'must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding.'" Id., quoting In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). {¶ 22}
{¶ 20} Nonetheless, "even 'a parent facing termination of parental rights must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding.'" In re D.T., 8th Dist. Cuyahoga No. 108407, 2019-Ohio-4895, ¶ 18, quoting In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). {¶ 21}
"While courts must ensure that due process is provided in parental termination proceedings, 'a parent facing termination of parental rights must exhibit cooperation and must communicate with counsel and with the court in order to have standing to argue that due process was not followed in a termination proceeding.'" In re C.K., 8th Dist. Cuyahoga No. 108313, 2019-Ohio-4167, ¶ 20, quoting In re Q.G., 170 Ohio App.3d 609, 2007-Ohio-1312, 868 N.E.2d 713, ¶ 12 (8th Dist.). {¶ 25} The record shows that Mother's trial counsel requested a continuance on the day of trial when Mother failed to appear.