State ex rel. Richland Cty. Children Servs. v. Richland Cty. Court of Common Pleas (Slip Opinion)

2017 Ohio 9160, 97 N.E.3d 429, 152 Ohio St. 3d 421
Ohio Supreme Court·Decided December 22, 2017·No. 2017-0604·Published·Cited by 11 cases

Opinion

Per Curiam.

*421 {¶ 1} In the midst of a parentage action, respondent Richland County Court of Common Pleas, Domestic Relations Division, ordered relator Richland County Children Services to take immediate custody of the minor child at the center of the action. Richland County Children Services and its executive director, relator Patricia A. Harrelson (collectively, "RCCS"), filed this original action for writs of *422 prohibition and mandamus, asserting that the domestic-relations court lacked jurisdiction to issue the order. Respondents Judge Heather Cockley and Magistrate Steve McKinley have filed a motion to dismiss.

{¶ 2} For the reasons discussed below, we deny the motion to dismiss, grant a peremptory writ of prohibition, and deny the requested writ of mandamus as moot.

Background

{¶ 3} The relevant facts, as alleged in the complaint, are not in dispute.

{¶ 4} K.R. filed an action in the Richland County domestic-relations court against M.W. to establish paternity and to allocate parental rights and responsibilities for M.W.'s minor child. On Friday, April 14, 2017, the court held a hearing in the case on its own motion.

{¶ 5} Later that day, Magistrate McKinley issued a decision in which he found probable cause to believe that the child *431 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 RCCS and ordered RCCS joined as a third-party defendant. Finally, the magistrate ordered the case transferred to the Richland County juvenile court for further proceedings.

{¶ 6} On April 17, 2017, the following Monday, RCCS filed a motion to set aside the magistrate's decision, and a motion for a stay. Two days later, on April 19, Judge Cockley signed a judgment entry adopting the magistrate's decision. Later that day, the court issued an order denying RCCS's motions as moot.

Procedural History

{¶ 7} RCCS filed this action in this court on May 5, 2017. The complaint seeks (1) a writ of mandamus to compel a ruling on RCCS's motion to set aside the domestic-relations court's decision and (2) a writ of prohibition vacating the decision and barring the domestic-relations court from issuing future custody orders "that are squarely within the exclusive, original jurisdiction of the juvenile court." Judge Cockley and Magistrate McKinley have filed a motion to dismiss.

Legal Analysis

Prohibition

{¶ 8} To be entitled to the requested writ of prohibition, RCCS must establish that (1) Judge Cockley and Magistrate McKinley have exercised judicial power, (2) the exercise of that power is unauthorized by law, and (3) denying the writ would result in injury for which no other adequate remedy exists in the ordinary *423 course of the law. State ex rel. Elder v. Camplese , 144 Ohio St.3d 89 , 2015-Ohio-3628 , 40 N.E.3d 1138 , ¶ 13.

{¶ 9} In their motion to dismiss, Judge Cockley and Magistrate McKinley argue that prohibition is not appropriate, because the domestic-relations court is no longer about to exercise judicial power given that in his decision, the magistrate already certified the matter to the juvenile court. But it is well established that when a lower court patently and unambiguously lacks jurisdiction, prohibition will lie to correct the results of previous unauthorized actions. State ex rel. V.K.B. v. Smith , 142 Ohio St.3d 469 , 2015-Ohio-2004 , 32 N.E.3d 452 , ¶ 8.

{¶ 10} RCCS contends that an order of removal to protect a child from abuse, neglect, or dependency is within the exclusive jurisdiction of the juvenile court and that the domestic-relations court therefore patently and unambiguously lacked jurisdiction to issue the removal order. Judge Cockley and Magistrate McKinley maintain that the two courts, juvenile and domestic-relations, have concurrent jurisdiction under these facts and that the domestic-relations court therefore was acting within the scope of its judicial authority when it issued its decision.

{¶ 11} By statute, a juvenile court has exclusive original jurisdiction "[c]oncerning any child who on or about the date specified in the complaint, indictment, or information, is alleged * * * to be a[n] * * * abused, neglected, or dependent child." R.C. 2151.23(A)(1). RCCS focuses on the second half of the provision, reading it as a grant of exclusive jurisdiction over every child who is alleged to be abused, neglected, or dependent.

Free access — add to your briefcase to read the full text and ask questions with AI

State ex rel. Richland Cty. Children Servs. v. Richland Cty. Court of Common Pleas (Slip Opinion), 2017 Ohio 9160, 97 N.E.3d 429, 152 Ohio St. 3d 421 (Ohio 2017).

2017 Ohio 9160 (State ex rel. Richland Cty. Children Servs. v. Richland Cty. Court of Common Pleas (Slip Opinion)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Johnson v. Johnson-Clevenger
2025 Ohio 244 (Ohio Court of Appeals, 2025)
In re C.D.
2024 Ohio 6047 (Ohio Court of Appeals, 2024)
In re S.L.
2024 Ohio 117 (Ohio Court of Appeals, 2024)
Stalnaker v. Stalnaker
2023 Ohio 3046 (Ohio Court of Appeals, 2023)
State ex rel. Nyamusevya v. Hawkins
2023 Ohio 840 (Ohio Court of Appeals, 2023)
State ex rel. Yeager v. McCarty
2021 Ohio 2492 (Ohio Court of Appeals, 2021)
In re J.M.
2021 Ohio 1415 (Ohio Court of Appeals, 2021)
State ex rel. Fiser v. Kolesar (Slip Opinion)
2020 Ohio 5483 (Ohio Supreme Court, 2020)
Cotner v. Coey
2020 Ohio 5499 (Ohio Court of Appeals, 2020)
State v. Roberson
2019 Ohio 3137 (Ohio Court of Appeals, 2019)