[Cite as In G.G., 2017-Ohio-7850.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
IN RE: G.G. C.A. Nos. 28574
T.G. 28587
C.L. 28594
F.B.
J.G.
APPEAL FROM JUDGMENT
ENTERED IN THE
COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
CASE Nos. DN 14-02-0087
DN 14-02-0088
DN 14-02-0089
DN 14-02-0086
DN 14-02-0090
DECISION AND JOURNAL ENTRY
Dated: September 27, 2017
CARR, Presiding Judge.
{¶1} Appellants-Parents (“Mother Amy”, “Mother Angel”, and “Father”) individually
appeal the judgment of the Summit County Court of Common Pleas, Juvenile Division, that
terminated their parental rights and placed the subject children in the permanent custody of
Summit County Children Services Board (“CSB”). This Court reverses and remands for further
proceedings.
I.
{¶2} Mother Amy is the biological mother of C.L., G.G., and T.G. Mother Angel is
the biological mother of F.B. and J.G. Father is the biological father of G.G., T.G., F.B., and
J.G. C.L.’s father is unknown and is not a party to these appeals.
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{¶3} After a contested permanent custody hearing, the juvenile court awarded
permanent custody of all five children to CSB. All three parents appealed, raising numerous
assignments of error. At the oral argument, all parties stipulated to error regarding Mother
Amy’s first and second assignments of error, which related to the issue of a conflict of interest
during the permanent custody hearing. The conflict of interest issue relates to one attorney’s
application for and acceptance of imminent employment in CSB’s legal counsel department
during her representation of one of the parents. This Court agrees that the juvenile court
committed error requiring reversal and remand.
{¶4} Although it appears to this Court on the surface that counsel may be representing
adverse clients, and an inherent conflict of interest may exist pursuant to Prof.Cond.R. 1.7, this
Court cannot make that determination in the first instance on the limited record here.
Consequently, this matter is remanded to the juvenile court for a hearing including all parties to
determine the following: (1) if a conflict of interest was created by counsel’s acceptance of
employment with CSB during the course of the permanent custody hearing; (2) if so, whether
such a conflict of interest could be waived under the law; and (3) the impact of this type of
conflict of interest on (a) each of the parents, (b) the agency, and (c) the children. The juvenile
court failed to inquire regarding these issues when the conflict was disclosed below, and further
declined to include the parents in the limited discussion it had with the attorneys.
{¶5} This Court declines to address all other remaining assignments of error at this
time, because they have been rendered premature based on our remand.
II.
{¶6} Mother Amy’s first and second assignments of error are sustained. We decline to
address the parents’-appellants’ remaining twelve assignments of error as they are no longer ripe
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for review. The judgment is reversed and the cause is remanded to the Summit County Court of
Common Pleas, Juvenile Division, with instructions to conduct a hearing including all parties to
determine the issues enunciated above.
Judgment reversed,
and cause remanded with instructions.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellee.
DONNA J. CARR
FOR THE COURT
CANNON, J.
CONCURS.
(Cannon, J., of the Eleventh District Court of Appeals, sitting by assignment.)
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APPEARANCES:
DENISE E. FERGUSON, Attorney at Law, for Appellant.
GREGORY PRICE, Attorney at Law, for Appellant.
JASON WALLACE, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant
Prosecuting Attorney, for Appellee.
JOSEPH KERNAN, Guardian ad Litem.
GINA D’AURELIO, Attorney at Law, for the children.