In re A.R.M.

2022 Ohio 954
CourtOhio Court of Appeals
DecidedMarch 24, 2022
Docket21AP-364
StatusPublished
Cited by1 cases

This text of 2022 Ohio 954 (In re A.R.M.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.R.M., 2022 Ohio 954 (Ohio Ct. App. 2022).

Opinion

[Cite as In re A.R.M., 2022-Ohio-954.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

In the Matter of: : No. 21AP-364 [A.R.M.], : (Prob. No. 604420)

[S.M. and A.M., : (ACCELERATED CALENDAR) Petitioners-Appellants.] :

D E C I S I O N

Rendered on March 24, 2022

On brief: A. Patrick Hamilton, for appellants. Argued: A. Patrick Hamilton.

APPEAL from the Franklin County Court of Common Pleas, Probate Division SADLER, J. {¶ 1} Petitioners-appellants, S.M. and A.M., appeal from a judgment of the Franklin County Court of Common Pleas, Probate Division, overruling their objections and adopting a magistrate's decision, and dismissing their petition for adoption. For the following reasons, we reverse the judgment and remand for further proceedings. I. FACTS AND PROCEDURAL HISTORY {¶ 2} On June 16, 2020, appellants, who reside in Ohio, filed a petition for adoption of A.R.M., an infant who was born in Texas on May 28, 2020. The petition indicated A.R.M. was living in appellants' home, having been placed there for adoption on June 1, 2020, by consent to adoption of A.R.M.'s birth mother, R.Z. The petition asserted that consent to the adoption from A.R.M.'s birth father was not required under R.C. 3107.07(B)(2)(c), i.e., because he had willfully abandoned R.Z. during her pregnancy and up to the time of placement in appellants' home. The petition was accompanied by numerous supporting No. 21AP-364 2

documents. The supporting documents included affidavits from R.Z. averring she was represented by Texas attorneys, that she freely and voluntarily placed A.R.M. with appellants for purposes of adoption, and that she consented to the adoption. The petition was also accompanied by a copy of Interstate Compact on the Placement of Children ("ICPC") Form 100A, giving notice of intent to place A.R.M. for adoption in Ohio. The ICPC Form 100A was signed by Heather Spencer, Deputy Compact Administrator for the Ohio Department of Job and Family Services ("ODJFS"), indicating that the placement could be made. {¶ 3} At a status hearing, a magistrate of the probate court sua sponte raised the issue of whether A.R.M. had been properly placed with appellants for adoption.1 In response, appellants filed a memorandum in support of their petition for adoption, arguing the placement had been properly made under the ICPC and Ohio law. After appellants filed their memorandum, the magistrate conducted a second status conference; following that conference, appellants filed a supplemental memorandum in support of the petition. {¶ 4} The probate court magistrate issued a decision recommending that the petition be dismissed. The magistrate found appellants failed to establish that A.R.M. had been placed in their home for purpose of adoption in compliance with Ohio law. The magistrate concluded that "ICPC administrative approval of a placement itself is simply not a legal placement for adoption purposes." (Apr. 13, 2021 Mag. Decision at 6.) The magistrate also concluded appellants failed to establish R.Z. could place A.R.M. for adoption by acting as his out-of-state custodian without appearing before the probate court and applying for approval of the placement. {¶ 5} Appellants filed objections to the magistrate's decision, asserting they had complied with all legal requirements and that A.R.M. had been placed with them for adoption in compliance with law. The probate court issued a decision based on its review of the magistrate's factual findings and legal conclusions. The probate court overruled appellants' objections and adopted the magistrate's decision, concluding that although

1 Appellants were the only parties to the proceedings in the probate court and on appeal; there are no

intervening parties in this case. As appellants note, R.C. 3107.084(B) would allow R.Z. to seek withdrawal of her consent to the adoption prior to entry of an interlocutory order or final decree of adoption, but R.Z. has not sought to withdraw her consent. Moreover, we note there is nothing in the record to indicate ODJFS expressed any concerns before approving the placement. No. 21AP-364 3

ICPC authorities in Ohio approved the placement, A.R.M. was not placed with appellants in a manner authorized under Ohio law. Having concluded that the placement was not legally made, the court dismissed the petition without prejudice. {¶ 6} Appellants timely appealed from the probate court's decision. II. ASSIGNMENTS OF ERROR {¶ 7} Appellants assign the following as trial court error: [1.] The Trial Court erred as a matter of law by dismissing the Petition for Adoption after erroneously determining that a placement made pursuant to the Interstate Compact for the Placement of Children in accordance with R.C. 5103.23 is an "illegal placement" as defined in R.C. 3107.14. [2.] The trial court erred as a matter of law by dismissing the Petition for Adoption as an "illegal placement" after the Court ruled that a mother is not the custodian of her own child as defined in R.C. 5103.16(D). III. STANDARD OF REVIEW {¶ 8} Under Civ.R. 53, when ruling on objections to a magistrate's decision, a trial court must undertake an independent, de novo review of the matters objected to and decide whether the magistrate properly determined the factual issues and appropriately applied the law. In re S.M.B., 10th Dist. No. 17AP-899, 2019-Ohio-3578, ¶ 7. The standard of review on appeal from a trial court judgment adopting a magistrate's decision "varies with the nature of the issues that were (1) preserved for review through objections before the trial court and (2) raised on appeal by assignment of error." In re Guardianship of Schwarzbach, 10th Dist. No. 16AP-670, 2017-Ohio-7299, ¶ 14. The probate court's decision in this case involved a matter of statutory interpretation. Statutory interpretation is a question of law that we review de novo. TBF Fin. LLC v. Wilkerson, 10th Dist. No. 18AP- 974, 2019-Ohio-3493, ¶ 11. IV. LEGAL ANALYSIS A. Legal provisions governing placement of a child for adoption in Ohio {¶ 9} Because A.R.M. was born in Texas and appellants reside in Ohio, placement of A.R.M. with appellants for adoption implicated the general Ohio law governing placement of a minor for adoption and the ICPC, which has been adopted into Ohio law. No. 21AP-364 4

We begin with a summary of the relevant legal provisions before considering the specifics of this appeal. 1. General law providing for placement of a child for adoption in Ohio {¶ 10} Ohio law provides that "[n]o child shall be placed or received for adoption or with intent to adopt unless placement is made by a public children services agency, an institution or association that is certified by [ODJFS under R.C. 5103.03] to place children for adoption, or custodians in another state or foreign country, or unless [the criteria contained in R.C. 5103.16(D)(1) through (3)] are met." R.C. 5103.16(D). The Supreme Court of Ohio has described the process of placing a child for adoption under this statute: A prerequisite to adoption is the placement of the child with the prospective adoptive parents. See R.C. 3107.051(A) (requiring filing of adoption petition within 90 days after the child is placed in the petitioner's home); R.C. 3107.11(A) (stating that adoption hearing may take place 30 days after the child is placed with the petitioner). Generally, only a public children- services agency or a state-certified child-placement institution or association may place a child for adoption. R.C. 5103.16(D). *** However, R.C. 5103.16(D)(1) permits the parent or parents of a child to arrange a private adoption without going through an authorized agency by appearing personally and applying to the probate court for approval of a proposed adoptive placement.

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2022 Ohio 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arm-ohioctapp-2022.