In re C.T.

895 N.E.2d 527, 119 Ohio St. 3d 494
CourtOhio Supreme Court
DecidedSeptember 17, 2008
DocketNo. 2008-0073
StatusPublished
Cited by13 cases

This text of 895 N.E.2d 527 (In re C.T.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re C.T., 895 N.E.2d 527, 119 Ohio St. 3d 494 (Ohio 2008).

Opinion

Lundberg Stratton, J.

{¶ 1} The issue before us is whether a guardian ad litem has statutory authority in a child welfare action to file and prosecute a motion for permanent custody. For the reasons that follow, we hold that a guardian ad litem has authority under R.C. 2151.281(1) and 2151.415(F) to file and prosecute a motion to terminate parental rights and award permanent custody to a public children services agency.

Procedural History

{¶ 2} Appellee Crawford County Department of Job and Family Services (“DJFS”) removed two-month-old C.T. from the custody of his mother, appellee Naomi Agapay, on January 7, 2006, because a sibling of C.T.’s had been physically abused. The Crawford County Court of Common Pleas awarded temporary custody of C.T. to the DJFS on January 9, 2006, and appointed appellant, Geoffrey L. Stoll, as the child’s guardian ad litem. C.T. was placed in foster care.

{¶ 3} On March 20, 2006, the court adjudicated C.T. a dependent child and one month later adopted the DJFS’s case plan to address safety issues. Agapay filed a motion to modify the dispositional order and to return C.T. to her custody. DJFS moved to extend the period of temporary custody. On January 17, 2007, following a hearing, the court denied Agapay’s motion and extended temporary custody for an additional six months.

{¶ 4} On January 23, 2007, Stoll filed a motion requesting that the court grant permanent custody of C.T. to the DJFS. Neither the DJFS nor Agapay filed a memorandum opposing Stoll’s motion. Following a hearing, the court terminated the parental rights of Naomi Agapay and committed C.T. to the permanent custody of the DJFS on June 28, 2007.

[496]*496{¶ 5} The court of appeals reversed the judgment of the trial court and remanded the matter on the basis that Stoll lacked standing to file a motion for permanent custody. The cause is before this court upon our acceptance of a discretionary appeal.

Analysis

{¶ 6} In a child abuse, neglect, or dependency case, the court must appoint a guardian ad litem to protect the interests of the child. R.C. 2151.281(B)(1). The guardian ad litem is required to “perform whatever functions are necessary to protect the best interest of the child * * * and shall file any motions and other court papers that are in the best interest of the child.” R.C. 2151.281(1).

{¶ 7} Stoll relies on R.C. 2151.281(1) and 2151.415(F) as authority for a guardian ad litem to file a motion for permanent custody. Appellee DJFS filed a brief that agreed with Stoll’s analysis. Both Stoll and DJFS presented the same position at oral argument. They contend that a guardian ad litem is authorized to file a motion for permanent custody because R.C. 2151.281(1) authorizes the guardian ad litem to file any motion that is in the best interest of the child, and R.C. 2151.415(F) authorizes the court to hear a guardian ad litem’s motion for a final disposition, including termination of parental rights. R.C. 2151.415(F) provides:

{¶ 8} “The court, on its own motion or the motion of the agency or person with legal custody of the child, the child’s guardian ad litem, or any other party to the action, may conduct a hearing with notice to all parties to determine whether any order issued pursuant to this section should be modified or terminated or whether any other dispositional order set forth in divisions (A)(1) to (5) of this section should be issued. After the hearing and consideration of all the evidence presented, the court, in accordance with the best interest of the child, may modify or terminate any order issued pursuant to this section or issue any dispositional order set forth in divisions (A)(1) to (5) of this section.”

{¶ 9} The dispositional orders available in divisions (A)(1) to (5) of R.C. 2151.415 include the following: (1) an order that returns the child to the child’s parents or guardian, (2) an order for protective supervision, (3) an order placing the child in the legal custody of a relative or other interested person, (4) an order permanently terminating the parental rights of the child’s parents, and (5) an order placing the child in a planned, permanent living arrangement. Once a motion is filed for a disposition under R.C. 2151.415(A), subsection (B) requires the court to hold a hearing, giving notice to all parties. Based upon the evidence presented at the hearing, the court must issue an order that is in the best interest of the child, and if the court issues an order for permanent custody, the order “shall be made in accordance with sections 2151.413 and 2151.414 of the Revised Code.” R.C. 2151.415(B).

[497]*497{¶ 10} R.C. 2151.413 and 2151.414 address motions for permanent custody filed by a public children services agency or a private child placing agency. R.C. 2151.413 sets forth when a public or private agency may or must file a motion for permanent custody of a child, and R.C. 2151.414 sets forth the procedures the court must follow. In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104, 862 N.E.2d 816, ¶ 22; In re C.W., 104 Ohio St.3d 163, 2004-Ohio-6411, 818 N.E.2d 1176, ¶ 9.

{¶ 11} The appellate court concluded that only a public children services agency or private child placing agency may seek permanent custody under R.C. 2151.413 and 2151.414, and a guardian ad litem has no authority to file a motion for permanent custody. Thus, the court held that Stoll lacked standing. In her brief, Agapay agrees with the court of appeals, although she did not appear at oral argument to present this position.

{¶ 12} Because R.C. 2151.415(B) requires a court to issue an order for permanent custody in accordance with R.C. 2151.413 and 2151.414 — sections that apply to an agency — we must determine whether these sections preclude a guardian ad litem from filing a motion for permanent custody, or whether R.C. 2151.281(1) and 2151.415(F) provide independent statutory authority to the guardian ad litem. When reviewing statutes, we must give meaning and effect to the plain meaning of the language as written by the General Assembly. R.C. 1.42; In re A.B., 110 Ohio St.3d 230, 2006-Ohio-4359, 852 N.E.2d 1187, ¶ 33. And we are directed by R.C. 2151.01 to liberally construe the sections in R.C. Chapter 2151 toward the following purposes: “To provide for the care, protection, and mental and physical development of children subject to Chapter 2151. of the Revised Code, whenever possible, in a family environment * * * [and] [t]o provide judicial procedures through which Chapters 2151. and 2152. of the Revised Code are executed and enforced, and in which the parties are assured of a fair hearing, and their constitutional and other legal rights are recognized and enforced.” Moreover, the statutes in R.C. Chapter 2151 must be construed in pari materia. In re C.W., 104 Ohio St.3d 163, 2004-Ohio-6411, 818 N.E.2d 1176, ¶ 7.

{¶ 13} A public children services agency is responsible for investigating allegations of child abuse, neglect, and dependency. R.C. 5153.16(A)(1). Because a public children services agency is, in most cases, prosecuting the case, the statutory scheme focuses on the agency. The agency assumes temporary custody of the child during the proceedings and will assume permanent custody of the child should parental rights be terminated. R.C. 5153.16(A)(3). Therefore, R.C. 2151.413 dictates when the agency may or must file for permanent custody,1 and [498]*498R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
895 N.E.2d 527, 119 Ohio St. 3d 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ct-ohio-2008.