Protecting Ohio's Children: Ohio Juvenile Court Jurisdiction to Prevent Nonparty Interference in the Protection of the Best Interest of a Child

• Date: 01 June 2016
• Author: Timothy J. Grendell,Thomas L. Siu,Tara Pavlovcak,Anthony J. Hurst
• Published date: 01 June 2016
• DOI: http://doi.org/10.1111/jfcj.12058

Protecting Ohio’s Children: Ohio Juvenile Court

Jurisdiction to Prevent Nonparty Interference in

the Protection of the Best Interest of a Child

By Judge Timothy J. Grendell, Thomas L. Siu, Anthony J. Hurst, and Tara Pavlovcak

ABSTRACT

Ohio Rule of Juvenile Procedure 2(Y) allows juvenile courts to do what other

courts cannot: designate additional parties to an action, allowing juvenile courts to

better accomplish their statutory purpose of pursuing the best interests of children.

However, sometimes this can lead to confusion about juvenile courts’ actions to pro-

tect children, especially when courts invoke Rule 2(Y) to stop interference with pro-

ceedings. This article will examine the historical foundations of Ohio’s juvenile

courts, the unique authority that they possess, and the conflicts that can arise due to

interference with juvenile court proceedings. Ohio’s juvenile courts have unique

authority, and they can use that authority in a way that does not conflict with consti-

tutional rights, while still working to protect the interests of children.

Key words: Ohio, jurisdiction, custody, juvenile court, party, juvenile procedure, First

Amendment, best interests of a child, contempt of court.

INTRODUCTION

Parents and children are not the only individuals subject to the jurisdiction of

an Ohio juvenile court in child protection cases. Ohio Rule of Juvenile Procedure 2

Primary contributor Timothy J. Grendell is the presiding judge at the Geauga County Court of

Common Pleas Probate/Juvenile Division, a position he has held since 2011. Prior to his service on the

bench, he served in the Ohio House of Representatives from 2000 until 2004 and the Ohio Senate from

2005 until 2011. He has also served in the JAG Corps of the United States Army. Judge Grendell received

his JD from Case Western Reserve University School of Law, and his LLM from the University of Virginia

Law School. Contact: grendell@geaugacourts.org

Thomas L. Siu was the drafting contributor and lead research contributor for this article. He works

at the Geauga County Court of Common Pleas Probate/Juvenile Division. Contact: tls490@gmail.com

Anthony J. Hurst was a research contributor for this article. He works at the Geauga County Court

of Common Pleas Probate/Juvenile Division. Contact: a.j.hurst49@cmlaw.csuohio.edu

Tara Pavlovcak was a research contributor for this article. She works at the Geauga County Court of

Common Pleas Probate/Juvenile Division. Contact: tpavlovcak@geaugacourts.org

Juvenile and Family Court Journal 67, No. 2

©2016 National Council of Juvenile and Family Court Judges

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