Legal Question in Family Law in Ohio

Foster-to-adopt court process

What will the new court process entail, since the appellate court reversed and remanded the permanent custody ruling of the district court on a technicality (the birthmother did not appear at the adjudicatory hearing and the appellate court refused to see it as being harmless error on the judge's part). Our foster son is 19 months old and the original pc ruling took place when he was 6 months. Will the birthparents have time to work a new caseplan? Will the new trial be based solely on the original testimony and not include new information? How long will it take to have the new trial? (We have just adopted this child's older brother and are very anxious to adopt this one as well.) What information can you give us about this process? The caseworker has been no help and I don't know if the new prosecuting attorney has even looked at the file, so I don't want to contact her until we have a better understanding of what will take place. We have been told that his case will be immediately adjudicated, but what happens next? Will he be on a ''fast-track'' since so much time has already been wasted? Please help us with the big picture!


Asked on 6/13/07, 1:01 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Foster-to-adopt court process

Many questions here, but in answer to the first question, when a higher court remands a case to the lower court, it is to resolve an matter already adjudicated but found to be lacking. Any new issues or matters would have to be brought before the court using other legal procedures, but not the remand.

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Answered on 6/13/07, 4:09 pm


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