Swartz v. Ohio Dept. of Job & Family Servs.
2014 Ohio 3552
Ohio Ct. App.2014Background
- ODJFS issued a proposed adjudication (July 11, 2013) proposing to revoke the Swartzes’ foster-home certification for failure to complete corrective actions (classes, tax returns). Notice advised they could request a hearing within 30 days; they did not request one.
- ODJFS mailed a final adjudication revoking certification on August 23, 2013, informing the Swartzes they could appeal to the county common pleas court and that a notice of appeal must be filed with both ODJFS and the common pleas court within 15 days of mailing.
- The Swartzes filed a notice of appeal with ODJFS on September 5, 2013 (timely), but did not file the notice with the common pleas court until September 25, 2013 (33 days after mailing).
- ODJFS moved to dismiss for lack of jurisdiction under R.C. 119.12 (untimely filing with the common pleas court) and for failure to exhaust administrative remedies under R.C. 119.07 (no request for hearing on the proposed adjudication).
- The Butler County Court of Common Pleas dismissed the administrative appeal; the Swartzes appealed pro se to the Twelfth District, which affirmed the dismissal.
Issues
| Issue | Swartz's Argument | ODJFS's Argument | Held |
|---|---|---|---|
| Whether the common pleas court had jurisdiction where Swartzes filed the notice of appeal with the court after the 15‑day period in R.C. 119.12 | The 15‑day filing requirement should be excused because the final adjudication did not clearly state where to file the notice with the court | Filing with both ODJFS and the common pleas court within 15 days is mandatory; failure to file with the court deprives the court of jurisdiction | Held: Dismissal affirmed for lack of jurisdiction—Swartzes’ filing with the court was untimely |
| Whether the Swartzes exhausted administrative remedies by requesting a hearing on the proposed adjudication under R.C. 119.07 | Swartzes did not contest merits; they disputed procedural handling and sought review of the court’s dismissal | Failure to request the administrative hearing on the July 11 proposed adjudication is a failure to exhaust administrative remedies and warrants dismissal | Held: Dismissal also affirmed for failure to exhaust administrative remedies—the Swartzes never requested the required administrative hearing |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedural framework for counsel to assert an appeal is frivolous and request court review)
- Hughes v. Ohio Dept. of Commerce, 114 Ohio St.3d 47 (2007) (strict compliance with R.C. 119.12 required to perfect an administrative appeal)
- Nibert v. Ohio Dept. of Rehab. & Corr., 84 Ohio St.3d 100 (1998) (failure to file copy of the notice of appeal with the common pleas court is a jurisdictional defect requiring dismissal)