In re Haun

Summary

An Ohio probate court considered whether a certified child-welfare organization’s refusal to consent to an adoption deprived the court of jurisdiction under Ohio Revised Code section 3107.06. The court held that the refusal did not prevent it from hearing the petition and determining the child’s best interests. After considering the child’s medical history, placement with the petitioners, and the evidence regarding the proposed move, the court overruled the motion to dismiss and granted the adoption petition.

Holdings

1. A certified organization’s refusal to consent to an adoption does not deprive the probate court of jurisdiction over the parties or subject matter and does not prevent the court from conducting the adoption proceeding.
2. The court should grant the Hauns’ petition because Julie’s best interests and future welfare lay in remaining with the Hauns, and Children’s Services had no adequate justification for withholding consent.

Questions Presented

1. Whether a certified organization’s refusal to consent to an adoption under Ohio Revised Code section 3107.06 deprives the probate court of jurisdiction to hear and decide the adoption petition.
2. Whether the probate court may examine the agency’s refusal to consent and determine the adoption petition according to the child’s best interests.
3. Whether the evidence established that granting the Hauns’ adoption petition served Julie’s best interests and welfare.

Disposition

other