On January 7, 2006, the Crawford County Department of Job and Family Services removed two-month-old C.T. from the custody of his mother, Naomi Agapay.
Two days later the common pleas court awarded temporary custody of C.T. to the Department of Job and Family Services (DJFS), and appointed Geoffrey Stoll as the child's guardian ad litem. A guardian ad litem is a person appointed by a court as guardian of an infant or child to act on his behalf. For the time being, C.T. was placed in foster care.
In March 2006, the court adjudicated C.T. a dependent child. One month later the court adopted the DJFS's case plan to address safety issues for the child. Naomi responded to that by filing a motion to modify the dispositional order and to return C.T. to her custody.
But the DJFS had other plans; it filed a motion to extend the period of temporary custody. In January 2007, following a hearing, the court denied Naomi's motion and extended temporary custody by DJFS for an additional six months.
Later in January, Geoffrey Stoll filed a motion requesting that the court grant permanent custody of C.T. to the DJFS. Neither Naomi nor DJFS filed a memorandum opposing Stoll's motion. Following a hearing on Stoll's motion, the court terminated Naomi's parental rights and committed C.T. to the permanent custody of the DJFS on June 28, 2007.
Upon review, however, the court of appeals reversed the judgment of the trial court. The court of appeals ruled that the matter should go back to the trial court on the basis that Stoll, as a guardian ad litem, lacked standing to file a motion for permanent custody.
After that ruling, the case came before the Supreme Court of Ohio for a final review.
How did the court of appeals reach the conclusion that Stoll lacked standing?
"By a seven-to-zero vote, we concluded that a guardian ad litem has authority under Ohio law to file and prosecute a motion to terminate parental rights and award permanent custody in a child welfare case."
Full Article and Source:
Guardian ad litem has wide latitude to act for children
Two days later the common pleas court awarded temporary custody of C.T. to the Department of Job and Family Services (DJFS), and appointed Geoffrey Stoll as the child's guardian ad litem. A guardian ad litem is a person appointed by a court as guardian of an infant or child to act on his behalf. For the time being, C.T. was placed in foster care.
In March 2006, the court adjudicated C.T. a dependent child. One month later the court adopted the DJFS's case plan to address safety issues for the child. Naomi responded to that by filing a motion to modify the dispositional order and to return C.T. to her custody.
But the DJFS had other plans; it filed a motion to extend the period of temporary custody. In January 2007, following a hearing, the court denied Naomi's motion and extended temporary custody by DJFS for an additional six months.
Later in January, Geoffrey Stoll filed a motion requesting that the court grant permanent custody of C.T. to the DJFS. Neither Naomi nor DJFS filed a memorandum opposing Stoll's motion. Following a hearing on Stoll's motion, the court terminated Naomi's parental rights and committed C.T. to the permanent custody of the DJFS on June 28, 2007.
Upon review, however, the court of appeals reversed the judgment of the trial court. The court of appeals ruled that the matter should go back to the trial court on the basis that Stoll, as a guardian ad litem, lacked standing to file a motion for permanent custody.
After that ruling, the case came before the Supreme Court of Ohio for a final review.
How did the court of appeals reach the conclusion that Stoll lacked standing?
"By a seven-to-zero vote, we concluded that a guardian ad litem has authority under Ohio law to file and prosecute a motion to terminate parental rights and award permanent custody in a child welfare case."
Full Article and Source:
Guardian ad litem has wide latitude to act for children
7 comments:
This article clearly shows the red tape and run around that occurs behind the scenes.
Who pays for all these hearings that go around in circles?
Taxpayers?
A guardian ad litem should do whatever possible for the child --- including helping the parents straighten up so the child can go home again.
Everybody wants to go home. Children and elderly want that most.
Everything should be about reuniting broken families. If the parents needed to prove themselves "worthy" again, then so be it.
But, the court's job should be to reunite.
And, as all of this court entertainment plays out,the victim, the child is growing up under stressful conditions.
I do not trust GAL's at all. They pretend to be advocates but when it comes down to it, the judge is their priority - not the child or the vulnerable adult.
I lost two children because of GAL abuse. I have never abused or harmed my children. I was told that because I am victim of domestic violence, and I am afraid of my abuser (my ex husband) that my children are picking up on my fear, and it is wrong that I don't make eye contact with my abuser, and that I don't like being in close proximity to him. This really happened--all true.
My abuser was given full custody of both children. There are at least a dozen independant reports by one child of abuse: being kicked in the stomach, hit in the head, and called names. My child has Anxiety and Post Traumatic Stress. My abuser was ordered into a parenting class, and now has complete control over all custody arrangements.
I have learned to be silent, even though I fear for the lives of my children.
EvanLee
http://parentingabusedkids.wordpress.com/
EvanLee,
I am sorry for what you're going through and the constant fear.
This is becomming more and more common.
I suggest you try to put ice water in your veins --try to take all emotion out of it and operate like you're doing a business instead of protecting your children from your ex. If you can do that, you can look your ex in the eye -- and he will back down.
Post a Comment