Opinion

In Re A.S.

163 Ohio App. 3d 647
2005 Ohio 5309

Court: Ohio Court of Appeals
Filed: Oct 5, 2005
Status: Published
Author: Whitmore
On the bench: Moore, Carr, Whitmore
Cited by: 1 cases
Authority: More cited than 43.2%

The opinion

Whitmore, P.J.,

dissenting.

{¶ 47} I respectfully dissent from the decision of the majority for the same reasons that I articulated in

In re A.B.,

9th Dist. No. 22659, 2005-Ohio-4936 , 2005 WL 2291869 , at ¶ 42-43. The language of R.C. 2151.353(A)(5) is unambiguous and does not authorize the trial court to consider a PPLA placement unless the children-services agency has filed a motion requesting such a disposition.

{¶ 48} Because the trial court’s improper consideration of a PPLA placement clearly tainted its ruling on CSB’s motion for permanent custody, I would remand the matter for a new hearing on that motion.

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