IN RE ADOPTION OF J.A.S.

Nos. 2009-1695 and 2009-1980.

126 Ohio St.3d 145 (2010)

2010-Ohio-3270

IN RE ADOPTION OF J.A.S. ET AL.; R.S. ET AL., Appellants; J.W. ET AL., Appellees.

Supreme Court of Ohio.

Decided July 15, 2010.


Attorney(s) appearing for the Case

Rothgery & Associates and Joel D. Fritz, for appellants.

Elizabeth I. Cooke, for appellee J.W.

Flanagan, Lieberman, Hoffman & Swaim and Richard Hempfling, urging reversal for amicus curiae Ohio Adoption Law Roundtable.

Voorhees & Levy, L.L.D., and Michael R. Voorhees, urging reversal for amicus curiae American Academy of Adoption Attorneys.

BROWN, C.J., not participating.


LUNDBERG STRATTON, J.

{¶ 1} We must resolve a conflict of law certified to us by the Ninth District Court of Appeals on the following question: "Does R.C. 5103.16(D) require pre-adoptive placement where the prospective adoptive parents have been awarded legal custody of the child pursuant to a final dispositional order out of the juvenile court, and the child has been living with the prospective adoptive...

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