In re T.J.B.
2014 Ohio 2028
Ohio Ct. App.2014Background
- Mother gave birth to T.J.B. on June 8, 2012 and executed a permanent surrender to Private Adoption Services (PAS) on June 11, 2012 for the sole purpose of obtaining adoption; surrender terminated parental rights and PAS gained permanent custody.
- PAS placed T.J.B. with prospective adoptive parents in California on June 14, 2012 after ICPC approval; notices were journalized in Ohio by June 18, 2012.
- In September 2012, California adoptive petition filed; in February 2013 mother filed a petition in Hamilton County Juvenile Court seeking to revoke consent and void the surrender.
- PAS opposed, arguing the juvenile court lacked jurisdiction; a magistrate found jurisdiction existed and the juvenile court later dismissed for lack of subject-matter jurisdiction.
- R.C. 5103.15(B)(2) allows surrender to a private agency for adoption without juvenile court approval if under six months old; R.C. 2151.23(A)(9) concerns only approval of permanent custody under 5103.15; the court held it had no jurisdiction to entertain a petition to revoke the surrender.
- The court affirmed the juvenile court’s dismissal, finding no subject-matter jurisdiction and noting the probate or California courts were not addressed, with the decision aligned to similar Ninth District reasoning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had subject-matter jurisdiction over the petition | Mother argues for jurisdiction under 2151.23(A)(2) and related provisions | PAS argues no jurisdiction because surrender was under 5103.15(B)(2) not requiring court approval | No jurisdiction; petition dismissed for lack of subject-matter jurisdiction |
Key Cases Cited
- Morrison v. Steiner, 32 Ohio St.2d 86 (1972) (jurisdictional standard for court power to hear a case)
- Rosen v. Celebrezee, 117 Ohio St.3d 241 (2008) (lack of subject-matter jurisdiction may be raised at any time)
- Pratts v. Hurley, 102 Ohio St.3d 81 (2004) (statutory interpretation and jurisdictional questions framework)
- Wilkerson v. Howell Contrs., Inc., 163 Ohio App.3d 38 (2005) (proper treatment of motions challenging jurisdiction)
- State ex rel. Bush v. Spurlock, 42 Ohio St.3d 77 (1989) (constrains on court’s jurisdiction and related remedies)
- In re Gibson, 61 Ohio St.3d 168 (1991) (limits of juvenile court jurisdiction in custody matters)
- Rowell v. Smith, 133 Ohio St.3d 288 (2012) (clarifies original jurisdiction in Revised Code provisions)