Cleveland Law Library Weblog

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.

Appellate Judge Blackmon Hears Ohio Supreme Court Case

Yesterday, Judge Patricia Blackmon served as a visiting Judge at the Ohio Supreme Court, taking the place of Justice Robert R. Cupp, who recused himself in the case captioned Paul Fisher v. Emma Hasenjager, Case Nos. 2006-1815 and 2006-1853. The Fisher case asks whether a trial court has to first make a finding that there has been a material “change in circumstances” of a child and/or of an affected parent in a court-approved shared parenting plan prior to issuing an order that changes the status of parent as a co-residential parent and co-legal guardian. Click here to watch the live video of the oral argument in the case. You can also access the Supreme Court's docket, containing the full text of the merit and reply briefs in case no. 2006-1853.

Ohioans who adopt receive expanded tax credits

On May 31st, the Governor signed into law SB 20, increasing the income tax adoption credit for each minor child from $500 to $1,500. This new change will be effective in 90 days and authorizes taxpayers to claim the credit over 3 or fewer consecutive years. To qualify for the credit, the adoption must occur under ORC 3107 or laws to which Ohio gives full faith and credit. The credit only applies to adoptions that become final on or after 1/1/07.