[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 

 : 

 : 

 : O P I N I O N

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