Richland County Children Services. v. Richland County. Court of Common Pleas

K.R. filed suit in the domestic-relations court to establish paternity and to allocate parental rights and responsibilities for M.W.’s minor child. On Friday, April 14, the court held a hearing on its own motion; Magistrate McKinley issued a decision, finding probable cause to believe that the child was a neglected, abused, and/or dependent child, that she was in immediate danger, and that removal was necessary to prevent immediate or threatened physical or emotional harm. He ordered the child placed in the immediate custody of Richland County Children Services (RCCS) and ordered the case transferred to the juvenile court. The following Monday, RCCS sought to set aside that decision. Days later, Judge Cockley signed a judgment entry adopting the magistrate’s decision. RCCS sought a writ of mandamus to compel a ruling on RCCS’s motion and a writ of prohibition vacating the decision and barring the domestic-relations court from issuing future custody orders that are within the exclusive jurisdiction of the juvenile court. The Supreme Court of Ohio denied the motion to dismiss, granted a peremptory writ of prohibition, and denied the requested writ of mandamus as moot. The domestic-relations court’s only recourse, upon suspicion of abuse, neglect, or dependency, is to transfer the matter to the juvenile court. Magistrate McKinley and Judge Cockley unambiguously lacked jurisdiction to order that the child be placed in the immediate custody of RCCS. View "Richland County Children Services. v. Richland County. Court of Common Pleas" on Justia Law