Ron Welch
Muskingum County Prosecutor
FOR IMMEDIATE RELEASE
Monday, February 12, 2024
Muskingum County Prosecutor’s Office Represents County in State Supreme Court Hearing
Muskingum County Prosecutor’s Office attorneys represented the county in oral arguments before the Supreme Court of Ohio on February 6, arguing on behalf of Muskingum County Adult and Child Protective Services (MCACPS). The question, stemming from a 2021 child custody case, concerns whether experts submitting evidence in child-custody cases must be available for cross-examination by parents.
In 2020, a Muskingum County woman gave birth to two children, but MCACPS asked the Muskingum County Juvenile Court for temporary custody, due to the mother’s mental health issues. The children were placed in the care of their aunt.
MCACPS filed a motion in 2021, seeking to give the aunt legal custody. A hearing was held in May 2022, including a report filed by a psychologist regarding the mother. The mother’s attorney objected to using the psychological report as evidence in the custody, arguing that his client should have been able to question the psychologist at the hearing.
The Muskingum County Juvenile Court disagreed, but the mother appealed the decision in the Fifth District Court of Appeals, where the decision was reversed. MCACPS appealed the case, which was taken up by the Ohio Supreme Court for consideration.
The Supreme Court of Ohio heard oral arguments from both parties. They will deliberate and render a judgement at a later date.
Muskingum County Prosecutor’s Office Assistant Prosecutor John Dever says the case is important to protecting the rule of law in Ohio.
“It was a great pleasure to represent Muskingum County and Muskingum County Adult and Child Protective Services at the highest court in Ohio,” Dever said. “It's important that this court rules that the orders of trial courts that follow the rules don't get disturbed. Hopefully the Ohio Supreme Court reaffirms and allows trial courts to have faith in the Ohio Rules of Juvenile Procedure.”
A replay of Dever’s oral argument presentation can be viewed on The Ohio Channel’s website, located at https://www.ohiochannel.org/video/supreme-court-of-ohio-case-no-2023-0514-in-re-rgm.
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