section 2151.415 filing of a motion (Ohio) · Go Syfert
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section 2151.415 filing of a motion in Ohio

8 Ohio opinions name it 1 courts 1992–2026 1 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
In re J.L.M.green
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026“The juvenile court’s determination regarding its subject matter jurisdiction implicates a question of law which this Court reviews de novo.” In re J.L.M., 2018-Ohio-2175, ¶ 9 (9th Dist.). {¶18} R.C. 2151.353(G) provides that any temporary custody order issued pursuant to division (A) of that section “shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not termin

11
In Re Covertgreen
ohioctapp · 1984 · cited in 1 Ohio opinions naming this issue, 2007–2007
2 sentences

2007See, also, In re Covert (1984), 17 Ohio App.3d 122, 124 , 17 OBR 185, 477 N.E.2d 678 . {¶ 17} Therefore, assuming that the April 18, 2006 judgment entry of the Mercer County Juvenile Court placing the children in the custody of VWCJFS and transferring this matter to Van Wert County was a temporary order of disposition entered pursuant to R.C. 2151.353(A), it should be noted that pursuant to R.C. 2151.353(F), this “temporary custody order * * * shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, exc

2007See, also, In re Covert (1984), 17 Ohio App.3d 122, 124 , 17 OBR 185, 477 N.E.2d 678 . {¶ 17} Therefore, assuming that the April 18, 2006 judgment entry of the Mercer County Juvenile Court placing the children in the custody of VWCJFS and transferring this matter to Van Wert County was a temporary order of disposition entered pursuant to R.C. 2151.353(A), it should be noted that pursuant to R.C. 2151.353(F), this “temporary custody order * * * shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, exc

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In re Young Children green
ohio · 1996
2 sentences

2008We disagree. {¶ 20} R.C. 2151.353 (F) provides for a sunset provision on the issue of continuing agency custody: {¶ 21} "Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not terminate until the court issues a dispositional order under that section." {¶ 22} In In re: Young Children , 76

2007In In re Young Children (1996), 76 Ohio St.3d 632 , the Supreme Court of Ohio considered the relationship between the continuing jurisdiction of a juvenile court and the "sunset date" for temporary custody dispositions set forth in R.C. 2151.353 (F), which provides: "Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary cu

32007–2011
Goldfuss v. Davidson green
ohio · 1997
1 sentence

2018"As when they apply criminal plain-error review, reviewing courts applying civil plain-error review 'must proceed with the utmost caution, limiting the doctrine strictly to those extremely rare cases where exceptional circumstances require its application to prevent a manifest miscarriage of justice.' " Id. {¶ 36} R.C. 2151.353(G), "Disposition of abused, neglected, or dependent child," commonly referred to as the sunset provision, states in part: {¶ 37} "Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which

12018–2018
In re Young Children green
ohio · 1996
1 sentence

2008We disagree. {¶ 20} R.C. 2151.353 (F) provides for a sunset provision on the issue of continuing agency custody: {¶ 21} "Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not terminate until the court issues a dispositional order under that section." {¶ 22} In In re: Young Children , 76

12008–2008
In Re Travis Children green
ohioctapp · 1992
2 sentences

2007Travis , 80 Ohio App.3d at 624 -625 . {¶ 11} Travis is no longer good law on this issue, however, as it reflected the position taken by some appellate districts before a conflict was certified to the Ohio Supreme Court, which later rejected that view.

2007R.C. 2151.413 (D)(1) provides that if a child has been in the temporary custody of a public children services agencies for 12 or more months of a consecutive 22-month period, "the agency with custody shall file a motion requesting permanent custody of the child." R.C. 2151.353 (F) provides: "Any temporary custody order issued pursuant to division (A) of this section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revis

12007–2007
In Re McCrary green
ohioctapp · 1991
2 sentences

1992I, III, IV and V R.C. 2151.353(F) states: “Any temporary custody order issued pursuant to division (A) of this, section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not terminate until the court issues a dispositional order under that section.” This statute is commonly referred to as the sunset provision, because if the juvenile court allows the sun to set

1992I, III, IV and V R.C. 2151.353(F) states: “Any temporary custody order issued pursuant to division (A) of this, section shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care, except that, upon the filing of a motion pursuant to section 2151.415 of the Revised Code, the temporary custody order shall continue and not terminate until the court issues a dispositional order under that section.” This statute is commonly referred to as the sunset provision, because if the juvenile court allows the sun to set

11992–1992

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2151.415 (8) OH § Ohio Rev. Code § 2151.353 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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