State ex rel. Allen County Children Services Board v. Mercer County Common Pleas Court, Probate Division

M.S., a minor child, was in the temporary custody of the Allen County Children Services Board by order of the Juvenile Division of the Allen County Common Pleas Court. At that time, the Allen County Children Services Board brought this action seeking a writ of prohibition barring the Probate Division of the Mercer County Common Pleas Court and two judges from exercising jurisdiction over M.S. Both the Probate Court and the Juvenile Court asserted jurisdiction over the child’s residential placement. The Supreme Court granted a peremptory writ of prohibition precluding the Probate Court from exercising jurisdiction. The two judges moved for reconsideration. The Supreme Court granted the motion for reconsideration and rescinded the peremptory writ of prohibition, holding that the Probate Court acted within its jurisdiction and in accordance with its authority in placing M.S. for adoption with the consent of her mother. View "State ex rel. Allen County Children Services Board v. Mercer County Common Pleas Court, Probate Division" on Justia Law