In re S.S.
2021 Ohio 2148
Ohio Ct. App.2021Background
- Mother (biological parent of eight) had three children at issue: S.S. (b. 2016), A.H. (b. 2017), and M.R. (b. 2020). Agency involvement began after a December 2018 newborn tested positive for methamphetamine, triggering temporary custody of S.S., A.H., and that newborn.
- S.S. and A.H. were adjudicated abused, neglected, and dependent in March 2019; a reunification case plan was adopted but Mother largely failed to comply and continued to use drugs. Mother later entered inpatient treatment (Aug 2019–Feb 2020).
- M.R. was born Jan 21, 2020, immediately placed in Agency temporary custody, adjudicated dependent in June 2020, and the Agency moved for permanent custody of M.R. in July 2020. The Agency moved for permanent custody of S.S. and A.H. in June 2020.
- A magistrate held a permanent-custody hearing and issued a decision granting permanent custody of S.S., A.H., and M.R. to the Agency; the juvenile court adopted the magistrate’s decision on October 8, 2020 (same day).
- Mother filed objections out of time (October 27, 2020); the juvenile court later overruled those objections on February 18, 2021. Mother then appealed on March 4, 2021, raising two assignments of error challenging the permanency decision.
- The appellate court held that because the juvenile court adopted the magistrate’s decision and no timely objections were filed within 14 days, the October 8, 2020 entry was a final, appealable order; Mother’s appeal was filed beyond the 30-day App.R. 4(A) window and was therefore dismissed for lack of jurisdiction. The court noted the juvenile court lacked jurisdiction to consider the untimely objections and that its later overruling was void; alternative post-judgment remedies (e.g., Civ.R. 60(B)) remain available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely and the appellate court has jurisdiction | Mother argued the juvenile court’s later overruling of objections preserved review of the permanent-custody decision (and attacked the custody ruling on the merits). | Agency argued the juvenile court adopted the magistrate’s decision Oct 8, 2020, no timely objections were filed within 14 days, and Mother’s March 4, 2021 appeal was untimely under App.R. 4(A). | Appeal dismissed for lack of jurisdiction: October 8 adoption was final; Mother’s appeal was not filed within 30 days. |
| Whether the juvenile court could consider untimely objections after adopting the magistrate’s decision | Mother sought leave to file objections out of time and relied on the juvenile court’s later ruling overruling those objections. | Agency maintained that once the court adopted the magistrate’s decision and 14 days passed, the court lost jurisdiction to consider untimely objections; any later ruling was void. | Court held the juvenile court lacked jurisdiction to hear untimely objections; the later overruling was void. |
Key Cases Cited
- State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58 (1988) (untimely notice of appeal deprives reviewing court of jurisdiction)