In re J.P.
2021 Ohio 2240
| Ohio Ct. App. | 2021Background
- Richland County Children Services (RCCSB) filed dependency complaints and motions for temporary custody of three minor children on October 23, 2020.
- A magistrate issued temporary custody orders on November 4, 2020 placing the children with maternal grandparents after parents failed to appear and before service was completed.
- On November 4 Father filed motions to disqualify the magistrate and to set aside the temporary orders, arguing the magistrate made findings without hearing testimony and relied on pleadings and familiarity with prior family cases.
- The trial court held a hearing November 17 and, by judgment entries filed November 24, 2020, overruled Father’s motions to disqualify, characterizing the magistrate’s November 4 orders as, in essence, ex parte orders authorized by Juv. R. 13 and R.C. 2151.33.
- The trial court later continued the interim custody orders; Father appealed the November 24 entries on December 24, 2020.
- The appellate court concluded the November 24 orders were not final, appealable orders and dismissed Father’s appeals for lack of jurisdiction without addressing the merits of his assignments of error.
Issues
| Issue | Father’s Argument | RCCSB/Trial Court’s Argument | Held |
|---|---|---|---|
| Whether the court treated pleadings as evidence / considered evidence not subject to cross-examination | Magistrate and trial court relied on pleadings and untested information, denying Father confrontation and due process | Orders were preadjudicatory interim/ex parte actions authorized by juvenile rule/statute | Not reached on merits; appeal dismissed for lack of final order (court agreed magistrate’s Nov. 4 orders were essentially ex parte under Juv. R.13 and R.C.2151.33) |
| Whether court took judicial notice of prior proceedings involving the family | Father: court improperly relied on prior-case familiarity as evidence without hearing | Trial court found no prejudice and characterized reliance as familiarity, not disqualifying bias | Not reached on merits; appeal dismissed for lack of final order |
| Whether magistrate should be disqualified for prejudice | Father: magistrate’s prior familiarity and conduct showed prejudice warranting disqualification | Trial court: magistrate did not demonstrate prejudice; denied disqualification | Not reached on merits on appeal; trial court’s denial stands but appellate court dismissed appeals for lack of jurisdiction |
| Whether the November 24 entries were final, appealable orders | Father proceeded to appeal the denials of disqualification and related rulings | RCCSB/trial court: proceedings were interlocutory; temporary custody orders are preadjudicatory and not final | Appellate court held the November 24 entries are not final, appealable orders and dismissed the appeals for lack of jurisdiction |
Key Cases Cited
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (describing requirements for final appealable orders and jurisdiction)
- State ex rel. Fowler v. Smith, 68 Ohio St.3d 357 (1994) (juvenile proceedings are special statutory proceedings; parental rights are substantial rights)
- Bell v. Mt. Sinai Med. Ctr., 67 Ohio St.3d 60 (1993) (an order that affects a substantial right is one that, if not immediately appealable, would foreclose appropriate relief later)
- In re Nice, 141 Ohio App.3d 445 (2001) (preadjudicatory temporary custody orders are not final appealable orders)