Determining Whether Parent's Due Process Rights Are Being Violated In His Absence
What Factors Should Be Balanced In Determining Whether Parent's Due Process Rights Are Being Violated If Permanent Custody Hearing Is Held In His Absence ?
In In re Jesse P., 6th Dist. No. L-04-1028, 2004 Ohio 3801, the Court held that a trial court should balance the competing interests at stake in the proceedings to determine whether a parent's due process rights would be violated by holding the permanent custody hearing in their absence.
"Specifically, a court should balance the following factors:
'(1) the private interest affected;
(2) the risk of erroneous deprivation and the probable value of additional safeguards;
(3) the governmental burden of additional procedural safeguards.'" Jesse at P 51, citing In re Sprague, 113 Ohio App.3d 274, 276, 680 N.E.2d 1041.