Wednesday, September 21st, 2016
Supreme court halts action involving local custody case
By Jared Mauch
COLUMBUS - The Ohio Supreme Court has suspended all Allen County Juvenile Court proceedings involving a local custody case but has not issued a complete opinion.
The custody case involves the child's out-of-state relatives and her former foster parents, Mercer County residents Brian and Kelly Anderson. The court on Tuesday announced the Allen County proceedings will be on hold until the justices decide on the Andersons' June 13 motion for reconsideration.
No deadline for a response or future decision was listed on Tuesday's announcement.
Allen County Court of Common Pleas Probate/Juvenile Judge Glenn H. Derryberry responded to the motion on June 22, according to court records. The motion and response are sealed from the public.
The Ohio Supreme Court's most recent action in the case had been in June, when they voted 5-2 to issue a writ of prohibition against the Mercer County Common Pleas Court Probate Division. The writ bans the court from further action on the Andersons' adoption request due to a lack of jurisdiction. The Allen County Children Services Board had requested the writ.
Chief Justice Maureen O'Connor and justices Judith Ann Lanzinger, Sharon L. Kennedy, Judith L. French and William M. O'Neill concurred. Justice Paul E. Pfeifer and Terrence O'Donnell dissented in the June decision.
Brian Anderson previously said the child involved had been placed by the Allen County court with the Andersons as a foster child 13 days after birth. That court later placed the child with her out-of-state relatives.
Her birth mother on March 28 filed a request with the Mercer County Common Pleas Probate Court to place her daughter for adoption with the Andersons. The Andersons, in turn, filed a petition to adopt on March 31. The court approved the adoption.
However, the Allen County court on April 1 ruled that Allen County Children Services had authority over the child and the child was to stay with her relatives pending further decisions, according to a document filed in the Ohio Supreme Court.
The filing further stated the Mercer County court's jurisdiction was "unauthorized by law." It stated the agency became involved in August 2014, when it filed a complaint alleging dependency and abuse. On Oct. 8, 2014, the complaint was upheld and the Allen County court has exercised jurisdiction since, the filing stated. It also noted "three separate motions relating to the custody of (the child)" are pending in Allen County.
