# In Re A.S.

> Ohio Court of Appeals · October 5, 2005 · 163 Ohio App. 3d 647

URL: https://www.frixlaw.com/law-library/cases/3735263

## Case

- **Full name:** In Re A.S.
- **Court:** Ohio Court of Appeals
- **Decided:** October 5, 2005
- **Citations:** 163 Ohio App. 3d 647; 2005 Ohio 5309
- **Precedential status:** Published
- **Opinion:** Dissent by Whitmore
- **Judges:** Moore, Carr, Whitmore
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3735263

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3735263. Public record. Not legal advice.