Indigent parents in Ohio facing termination of rights in adoption get counsel

[Ohiogal]

In re Adoption of Y.E.F., Slip Opinion No. 2020-Ohio-6785
Per today's Ohio Supreme Court decision, if you are facing a termination of your parental rights due to an adoption proceeding, you can ask for appointment of counsel and if deemed indigent (unable to afford an attorney), the court MUST appoint one for you in this probate proceeding. You have to ask. And if they deny, it is a FINAL APPEALABLE ORDER -- which means you can appeal immediately. But quite frankly, if your child is going to be adopted in Ohio and they are looking at terminating your rights to make the adoption happen (stepparent or third party adoption NOT an adoption that is happening due to a juvenile court termination), you are entitled to counsel if you broke. So print out the case and take it to probate court and ask for appointed counsel.

 

[Litigator22]

Well let's talk about this decision from the Ohio Supreme Court.

As you will have noted in arriving at its decision the Ohio court relied solely on the equal protection of law clauses found in both the 14th Amendment to the U. S. Constitution and Article 1 Section 2 of the Ohio Constitution.

Question: Would the result have been the same, (i.e. granting an indigent parent the right to counsel in probate adoption proceedings) if not for R. C. 2151.352 which expressly affords such counsel in juvenile proceedings wherein the termination of parental rights are equally at stake?

 

[Ohiogal]

You want me to second guess a decision that just happened from the Ohio Supreme Court? Anything is possible if you change the facts. But as it is, 2151.352 exists. I did nothing more than report what was stated in the case. What hypothetical do you want to exist?

 

[Litigator22]

You want me to second guess a decision that just happened from the Ohio Supreme Court? Anything is possible if you change the facts. But as it is, 2151.352 exists. I did nothing more than report what was stated in the case. What hypothetical do you want to exist?

Second guess? I'm not asking you to criticize or pass judgment on the Ohio court's recent ruling. I am asking for a yes or no. Would what "just happened from the Ohio Supreme Court" [sic] have happened if ORC 2151.352 had not first happened?

 

[not2cleverRed]

Second guess? I'm not asking you to criticize or pass judgment on the Ohio court's recent ruling. I am asking for a yes or no. Would what "just happened from the Ohio Supreme Court" [sic] have happened if ORC 2151.352 had not first happened?

That's a hypothetical question.

Legally, it is irrelevant.

What matters are the laws and rulings that exist, not those that might (or not) in a parallel universe.