Cleveland Law Library Weblog

November is National Adoption Month

The Ohio Department of Job and Family Services (ODJFS) is promoting November as National Adoption Month to encourage people to become adoptive parents and thank those who have already heard the call.  Click here to read the ODJFS flyer, which indicates that over 12,000 Ohio children are currently in foster care, including 3,000 who are waiting to be permanently placed with an adoptive family. The flyer also provides links to additional information from the state and federal governments.

New Members Only Briefs Available from Ohio LSC

The Ohio Legislative Service Commission has updated its Members Only Brief on OVI and OVUAC law and added 3 new briefs on Ohio Immunization Laws, Unemployment Benefits, and Ohio's Public Retirement Systems:

An Updated Summary of Ohio OVI and OVUAC Law* (Jan. 27, 2009)
<http://www.lsc.state.oh.us/membersonly/128ovi-ovuaclaw.pdf>

Ohio Immunization Laws* (April 10, 2009)
<http://www.lsc.state.oh.us/membersonly/128immunization.pdf>

Financing Unemployment Benefits--Federal Loans to Cover Shortfalls (April
10, 2009)
<http://www.lsc.state.oh.us/membersonly/128financingunemployment.pdf>

Ohio's Public Retirement Systems (April 10, 2009)
<http://www.lsc.state.oh.us/membersonly/128publicretirement.pdf>

Ohio Family Law Blog Discusses "Virtual Visitation"

Worth reading-The Ohio Family Law Blog has posted 2 interesting articles about "virtual vistation" as a supplement to standard parenting time. The articles cite ORC 3109.051 and a North Dakota case from 2007.

New Ohio Supreme Court Rule Coming for GAL's

For the very first time, the Ohio Supreme Court has issued a state-wide rule for GAL's (Guardians ad litem) that will take effect on March 1, 2009. According to Supreme Court's Press Release, new Rule 48 will govern appointment, responsibilities, training and reporting requirements for GAL's and will apply in all domestic and juvenile court proceedings where the court appoints a GAL. To help implement this new Rule, the Ohio Judicial College is scheduling upcoming training.

Ohio Completes Statewide Automated Child Welfare Information System

The Ohio Department of Job and Family Services announced yesterday that it has completed a "Statewide Automated Child Welfare Information System," also known by the acronym SACWIS. This web-based system will be used by all of Ohio's child welfare workers to determine eligibility, conduct case management, and administer adoption, foster care and child protection serivces. Interestingly, Cuyahoga County was the last county to connect to the network that began with Muskingum County in August of 2006. The system, which is the first of its kind in the nation, will be available 24x7 and will connect all of Ohio's child welfare agencies with agencies in 26 other states that are already using the system.

Articles Explain Role and Functions of a Guardian ad Litem

The Ohio Family Law Blog has posted 2 recent articles on the role and functions of a Guardian ad Litem. In Part 1 of the series, the author, Anne Shale, Esq., explains what guardians ad litem are and what they do. In Part 2, the author addresses payment of guardians and when to seek the assistance of a guardian ad litem. A key Ohio statute on guardians ad litem is contained in O.R.C. sec. 2151.281. Check out the web page for the local Guardian ad Litem Project, which serves as an independent project of the Cleveland Metropolitan Bar Association. The FAQ's on this site are also helpful.

Ohio Supreme Court to Amend Rules on Guardian Ad Litem

The Ohio Supreme Court has published a proposed a new Rule regarding the appointment and performance of guardians ad litem. This brand new rule would apply whenever a common pleas court judge appoints a guardian ad litem in a domestic relations, juvenile, or probate case. It would specify standards for responsibilities, training, and reporting and would require each Judge to issue a formal Order of Appointment to identify the role the guardian will play. After the time for public comment has closed, and the Court has taken an opportunity to make any necessary revisions, this rule would become new Rule 48 of the current Rules of Superintendence for the Courts of Ohio. According to the Ohio Supreme Court's Press Release, the Court is accepting proposed comments until June 10, 2008.

ODJFS Ordered to Disclose Foster Care Provider Identities

On April 9, 2008, the Ohio Supreme Court held that the Cincinnati Enquirer was entitled to records from the Ohio Department of Job and Family Services (ODJFS) identifying the names and addresses of certain certified foster care providers. The Court's opinion specifically stated that its decision did not require disclosure of information about public assistance recipients or information in a child welfare database, but that ODJFS had to disclose identities that were not otherwise protected. Interestingly, the Court's Press Release indicated that since the Newspaper's request was made in 2006, it was not subject to a new law excepting provider information under Ohio's new Public Records Act. A good summary of Ohio's public records and open meetings laws can be found in the Attorney General's brand new "Yellow Book." See also our prior post on the new public records law.

Courts and Governor to Hold Ohio Summit on Children in May 2008

During his address last week at the Ohio Judicial Conference annual meeting in Columbus, Ohio Supreme Court Chief Justice Thomas Moyer announced that the courts and Governor Strickland are planning a Summit on Children for May of 2008. As summarized by the Daily Legal News print edition, this summit is supposed to provide a forum for court officials, ODJFS officials, county commissioners, school officials, and others from each Ohio county to discuss the issues facing children at risk. Justice Moyer plans to require each county to submit an action plan to address this growing problem following the summit. Click here for the text of Justice Moyer's speech, and click here for a streaming video.

Ohio's Child Pornography Laws Are Constitutional

In an opinion issued today in State v. Tooley, 2007-Ohio-3698, the Ohio Supreme Court held that Ohio's child pornography laws are constitutional. Specifically, the Court held that ORC 2907.322 and ORC 2907.323 are not unconstitutionally overbroad. However, the Court also held that in order to convict someone under the law, the prosecution must prove beyond a reasonable doubt that an actual child was depicted in pornographic material. This clarification makes clear that virtual images of children that do not depict actual children are not grounds for a conviction.