Siefert v. Hamilton Cnty. Bd. of Comm'rs
Siefert v. Hamilton Cnty. Bd. of Comm'rs
Opinion of the Court
This civil action is before the Court upon the County Defendants'
*818On August 2, 2018, the Court issued an Order granting the Children's Defendants'
I. FACTS AS ALLEGED BY THE PLAINTIFF
For purposes of this motion to dismiss, the Court must: (1) view the complaint in the light most favorable to Plaintiffs; and (2) take all well-pleaded factual allegations as true. Tackett v. M & G Polymers ,
Plaintiffs Joseph and Melissa Siefert are residents of Ohio and the parents of Minor Siefert.
In November 2015, the Plaintiffs learned that Minor Siefert was suffering from depression, anxiety, and suicidal ideations. (Id. at ¶ 24). The Plaintiffs had their long-time pediatrician treat Minor Siefert with medication and therapy. (Id. at ¶¶ 24, 29). On August 11, 2016, Minor Siefert informed Plaintiffs that Minor Siefert considered themselves to be a transgender child. (Id. at ¶ 25). Minor Siefert emailed HCJFS on November 11, 2016 and informed HCJFS that they were experiencing transgender thoughts and that Plaintiffs were unsupportive and abusive. (Id. at ¶ 26). On that same day, Defendant Butler of HCJFS visited Plaintiffs' home and asked Mrs. Siefert questions regarding conditions in the home. (Id. at ¶ 28). On November 13, Plaintiffs took Minor Siefert to Children's Liberty Township location for psychological evaluation regarding suicidal ideations. (Id. at ¶ 30). Minor Siefert was ultimately transferred to Children's psychiatry facility at the College Hill location. Plaintiffs went to visit Minor Siefert at Children's College Hill facility on November 15, and received a welcome package that included information regarding Children's policies and guidelines. (Id. at ¶¶ 36-37). The Children's hospital policy provided to Plaintiffs includes a grievance process for handling disagreements with the hospital regarding issues of treatment and discharge. (Doc. 12, Ex. B - Children's Hospital Policy).
Over the next few weeks, Plaintiffs consulted with HCJFS regarding Minor Siefert's treatment. (Id. at ¶ 41). At Plaintiffs' first conference with Defendant Butler, she allegedly explained to Plaintiffs that Children's would not send Minor Siefert home without permission from HCJFS, and if Plaintiffs could not take care of Minor Siefert, HCJFS "would step in and do it." (Id. at ¶ 42). Plaintiffs claim they did not "agree to allow [Children's] and HCJFS to keep Minor Siefert at Children's without their consent." (Id. at ¶ 47).
On November 22, a Children's doctor met with a doctor from Humana Behavioral Health ("Humana"), the insurance provider for Minor Siefert's treatment, to discuss Minor Siefert's case. (Id. at ¶¶ 46, 51). Based on the meeting with the doctor, Humana determined that Minor Siefert "had no acute symptoms that require 24 hour care (sic) ... [Minor Siefert] is not a danger to [Minor Siefert] or others. [Minor Siefert] is not aggressive. [Minor Siefert] is medically stable. [Minor Siefert] is not manic." Based on this finding, Humana denied coverage for further treatment of Minor Siefert by Children's. (Id. at ¶ 52).
On that same day, Plaintiffs met with Children's regarding Minor Siefert's discharge. Plaintiffs allege that Butler and Minor Siefert were supposed to attend the meeting, however Children's told Plaintiffs that Butler would not be available until November 28. (Id. at ¶¶ 53-54). Plaintiffs complain that Butler was available and was in regular telephone contact with Children's and met with Minor Siefert on November 23. (Id. at ¶¶ 55-57).
Plaintiffs contend that starting November 23, Mr. Siefert began leaving voicemail messages with Children's and left calls with HCJFS attempting to have Minor Siefert discharged from Children's to the Plaintiffs. (Id. at ¶¶ 60, 61). Eventually, Kimberly Stephens of Children's spoke with Mr. Siefert by telephone and informed him that Minor Siefert could not be discharged because Minor Siefert was not "medically cleared" and that Mr. Siefert would have to contact HCJFS to obtain Minor Siefert's discharge. (Id. ¶¶ 64-65). Plaintiffs allege that on that same day, a Children's doctor wrote in his notes that HCJFS "gave clear recommendations to not allow patient to be discharged to parents." (Id. at ¶ 67). While HCJFS allegedly told Plaintiffs that it was "actively pursuing" the case throughout the relevant time period, HCJFS never attempted to obtain a court order of custody. (Id. at ¶ 59).
On November 28, Plaintiffs, HCJFS, and Children's held another meeting to discuss Minor Siefert's discharge. (Id. at ¶¶ 69-77). During this meeting, Mr. Siefert asked what the Plaintiffs had to do to have Minor Siefert discharged, and Butler responded, "[i]t does not work that way," and that when Plaintiffs cannot take care of their child, HCJFS has to "step in." (Id. at ¶¶ 71-72). In response, Mr. Siefert allegedly demanded that Minor Siefert be discharged and argued that he could go down the hall and take Minor Siefert home, but Children's informed the Plaintiffs that that was not allowed. (Id. at ¶ 74).
Plaintiffs had another meeting with Butler and Young of HCJFS on November 30. (Id. at ¶¶ 87-91). Young allegedly explained HCJFS's policy preventing parents from having custody or association with their children when Children's or HCJFS does not approve of releasing the *820child to the parents, even without the parents' consent or a court order, and that HCJFS has to "go by what the doctors say." (Id. at ¶ 90). Ultimately, Minor Siefert did not leave Children's until December 20, 2016 when HCFJS and Plaintiffs entered into a voluntary "Safety Plan" releasing Minor Siefert to the child's maternal grandparents. (Id. at ¶ 96).
Plaintiffs claim that the County Defendants violated their procedural and substantive due process rights and violated federal and state civil conspiracy laws. Plaintiffs seek compensatory and punitive damages, as well as injunctive relief.
II. STANDARD OF REVIEW
A motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) operates to test the sufficiency of the complaint and permits dismissal of a complaint for "failure to state a claim upon which relief can be granted." To show grounds for relief, Fed. R. Civ. P. 8(a) requires that the complaint contain a "short and plain statement of the claim showing that the pleader is entitled to relief."
While Fed. R. Civ. P. 8"does not require 'detailed factual allegations,' ... it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal ,
Accordingly, "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Iqbal ,
III. ANALYSIS
Plaintiffs assert five causes of action, claiming that the County Defendants: (1) violated
1. § 1983 Claims
"To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a *821person acting under color of state law." Gray v. City of Detroit,
a. Qualified Immunity
County Defendants argue that Defendants Moria Weir, Eric Young, and Rachel Butler are entitled to qualified immunity in their individual capacities.
"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Pearson v. Callahan ,
Plaintiffs bear the burden of showing both that (1) County Defendants violated Plaintiffs constitutional right and (2) the right was clearly established at the time of the violation. Saucier v. Katz,
In order to defeat qualified immunity, "a plaintiff must identify a case with a similar fact pattern that would have given "fair and clear warning to officers" about what the law requires." White v. Pauly , --- U.S. ----,
b. Procedural Due Process
To establish a violation of their procedural due process rights, Plaintiffs must show "(1) that [they] was deprived of a protected liberty or property interest, and (2) that such deprivation occurred without the requisite due process of law." Club Italia Soccer & Sports Org., Inc. v. Charter Twp. of Shelby, Mich.,
Plaintiffs claim the County Defendants violated their right to familial association in violation of procedural due process. "There is no doubt that under the constitution, the parent-child relation gives rise to a liberty interest that a parent may not be deprived of absent due process of law." Kottmyer v. Maas ,
Here, the County Defendants argue that dismissal of Plaintiffs claim is appropriate because (1) the government's interest in Minor Siefert's safety outweighed the Plaintiff's liberty interest and (2) the Plaintiffs' provided implied consent to the continued hospitalization of Minor Siefert.
"A parent is necessarily deprived of his or her right to custody and control of their child, either permanently or temporarily, when a child is removed from the home." Kottmyer ,
The Court considers three factors in determining whether County Defendants have violated Plaintiffs' procedural due process rights: (1) "the private interest that will be affected by the official action;" (2) "the risk of an erroneous deprivation of such interest through the procedures used and the probable value, if any, of additional or substitute procedural safeguards;" and (3) "the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail." Mathews v. Eldridge,
Under the first Mathews factor, the Court must consider the private interests of Plaintiffs affected by the hospitalization of Minor Siefert. Although Plaintiffs have a strong interest in maintaining familial association with Minor Siefert, Plaintiffs did not lose custody over Minor Siefert during the relevant time period, Plaintiffs voluntarily took Minor Siefert to Children's at their pediatricians' urging, and Children's allowed Plaintiffs to visit Minor Siefert if the child consented.
Regarding the third Mathews factor, the government clearly has a strong interest in protecting children who are at risk. Here, it is undisputed that Minor Siefert reported to HCJFS that Minor Siefert was being abused by the Plaintiffs; that Minor Siefert suffered from depression, anxiety, and suicidal ideation ; and that Children's doctors had found that Minor Siefert was not "medically cleared" to be discharged. (Doc. 1 at ¶¶ 24, 26, 65). Therefore, County Defendants had a strong interest in protecting Minor Siefert.
Under the second Mathews factor, the Court must consider the risk of erroneous deprivation through the procedures used. "[T]he state must provide clear and effective procedures in ensuring that a parent's interest in their children is not unduly obstructed." Smith v. Williams-Ash ,
*823There is no dispute that Minor Siefert was voluntarily admitted to Children's on November 13, 2016. (Doc. 1 at ¶¶ 30-32). Plaintiffs do not allege that County Defendants had legal custody or attempted to obtain legal custody of Minor Siefert during the time in question. However, Plaintiffs contend that they were prevented from having Minor Siefert discharged from Children's starting on November 23, 2016 until December 20, 2016 when the Plaintiffs and HCJFS entered into a voluntary safety plan giving Minor Siefert's grandparents custody of the child. (Id. at ¶ 96). Plaintiffs were allegedly told that Minor Siefert could not be discharged because she was not medically cleared and HCJFS recommended against discharge to the parents.
County Defendants note that, although Plaintiffs allege they communicated with HCJFS and Children's throughout the relevant time period that they wanted Minor Siefert discharged, they do not allege that they actually tried to remove Minor Siefert, that they made written demands for her release, or that they filed a grievance under the hospital policies that they received upon Minor Siefert's admission to Children's, (Id. at ¶ 37; Doc. 12, Ex. B - Children's Hospital Policy), or made a written request for Release of Voluntary Patients pursuant to O.R.C. § 5122.03. (Doc. 12 at 8-9). County Defendants contend that if any of these steps had been taken by the Plaintiffs, HCJFS would have requested an emergency order from Hamilton County Juvenile Court, but, pursuant to Ohio Juv. R. 6, HCJFS was not allowed to seek an emergency order while Minor Siefert was hospitalized at Children's. Thus, County Defendants argue that Plaintiffs inaction amounts to implied consent to Minor Siefert continuing to reside at Children's, especially because Plaintiffs placed Minor Siefert at Children's out of concern for her safety.
The Sixth Circuit's decision in Smith v. Williams-Ash ,
Although Smith v. Williams-Ash differs in important ways from this action - in particular, in that case, the parents and HCJFS actually entered into a voluntary safety plan, which did not occur here until approximately four weeks after Plaintiffs sought Minor Siefert's discharge from Children's - it is the precedent with the most similar fact pattern to this matter. In both cases, the parents' initial action to relinquish control of their children was voluntary, both set of parents were provided with information necessary to challenge the policies that deprived them of their parental rights, both set of parents retained custody of their children throughout the relevant time period, and a hearing did not occur in either case.
Here, Plaintiffs are unable to meet their burden of demonstrating that the County Defendants violated a clearly established constitutional right. The Plaintiffs fail to cite any case law supporting their theory that a social worker violates a parents' procedural due process rights (1) by not seeking a court custody order to prevent parents from removing a child from the hospital or (2) by investigating child abuse allegations while a child is hospitalized. Considering the Sixth Circuit's finding in Smith v. Williams-Ash , this Court cannot conclude that County Defendants have violated a clearly established procedural due process right. The County Defendants therefore are entitled to qualified immunity on this claim.
c. Substantive Due Process
"Substantive due process ... serves the goal of preventing governmental power from being used for purposes of oppression, regardless of the fairness of the procedures used." Howard v. Grinage,
Plaintiffs premise their substantive due process claim on the deprivation of their right to familial association, as discussed supra , so their claim is of the first type. See Pittman ,
The Sixth Circuit has instructed courts to be cognizant of the difficult choices that social workers face in determining whether to interfere with the custody rights of parents. "If they err in interrupting parental custody, they may be accused of infringing the parents' constitutional rights. If they err in not removing the child, they risk injury to the child and may be accused of infringing the child's rights." Farley v. Farley ,
Moreover, other circuits have noted that the contours of the substantive due process right to familial association is not clearly defined. See, e.g., Kiser v. Garrett,
Here, it is clear that the County Defendants had a compelling interest in the safety of Minor Siefert. As discussed earlier, County Defendants were presented with allegations that Plaintiffs had abused Minor Siefert, that Minor Siefert was potentially suicidal, and that doctors at Children's had not medically cleared Minor Siefert for discharge. Minor Siefert's continued stay at Children's, with the Plaintiffs being allowed to visit Minor Siefert at the direction of doctors, was a narrowly tailored means of ensuring the safety of the child. See Thomason ,
As discussed supra , the fact pattern here is similar to that in Smith v. Williams-Ash . In that case, the Sixth Circuit found that the HCJFS defendant was entitled to qualified immunity because plaintiffs failed to allege a violation of their substantive due process claims. Smith v. Williams-Ash ,
Because Plaintiffs fail to adequately allege a constitutional violation by any of the HCJFS employees, Plaintiffs claims against all of the County Defendants, including the Hamilton County Board of Commissioners, are dismissed. Grabow v. Cty. of Macomb ,
2. Federal and State Conspiracy Claims
Plaintiffs state that their federal conspiracy claim is based on their constitutional interest in family integrity on violations of procedural and substantive due process pursuant to § 1983. (Doc. 19 at 27). As already discussed, Plaintiffs' procedural and substantive due process claims fail. Accordingly, their federal conspiracy claim also fails.
Additionally, Plaintiffs cannot prevail on their civil-conspiracy claim under Ohio law, which requires that they allege (1) a malicious combination, (2) of two or more persons, (3) that caused injury to a person or property, and (4) the existence of an underlying wrongful act that is independent of the conspiracy. Woodward Const., Inc. v. For 1031 Summit Woods, L.L.C. ,
IV. CONCLUSION
Wherefore, for the reasons stated here:
1) The August 2, 2018 stay (Doc. 32) is hereby LIFTED ;
2) The County Defendants' motion to dismiss (Doc. 12) is GRANTED ;
3) Plaintiffs' motion to alter judgment (Doc. 33) is DENIED as moot.
The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED in this Court.
IT IS SO ORDERED.
The "County Defendants" are Hamilton County, Hamilton County Board of Commissioners, Hamilton County Job and Family Services ("HCJFS"), Moira Weir, Eric Young, and Rachel Butler.
The Court notes that, under Ohio law, HCJFS and Hamilton County are not sui juris and therefore cannot be sued. Estate of Glenara Bates v. Hamilton Cty. Dep't of Job & Family Servs. , No. 1:15-cv-798,
The "Children's Defendants," who have been terminated as defendants, are Cincinnati Children's Hospital Medical Center ("Children's"), Jennifer Bowden, M.D., Kimberly Stephens, LISW, Ankita Zutshi, M.D., Daniel Almeida, M.D., Suzanne Sampang, M.D., and Lauren Heeney.
Due to privacy concerns regarding the child at issue, Plaintiffs' child will be referred to as "Minor Siefert."
In determining the sufficiency of the complaint, the Court's review is confined to "the pleadings, exhibits attached to or addressed in the complaint, documents included with a motion to dismiss if referenced in the complaint, and public records." Vandenheede v. Vecchio,
Regarding the fact that a hearing never took place here, the Court finds persuasive the County Defendants' argument that, pursuant to Ohio Juv. R. 6, HCJFS was not permitted to seek an emergency custody order while Minor Siefert was safe at Children's. Plaintiffs have not challenged the constitutionality of Ohio. Juv. R. 6.
Reference
- Full Case Name
- Joseph SIEFERT v. HAMILTON COUNTY BOARD OF COMMISSIONERS
- Status
- Published