IN RE BEATTY, 111 Ohio St.3d 1409 (2006)

2006-Ohio-5083

No. 2006-1627.Supreme Court of Ohio.
October 4, 2006.

Tuscarawas App. No. 2006AP040022, 2006-Ohio-3698.

MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Judgment Entry filed August 21, 2006:

“Whether a trial court is authorized to grant legal custody of a child to a relative of the child at the center of a permanent custody action where several months prior to the final permanent custody hearing the court determined that the home was appropriate for consideration of relative placement, and the DJFS had conducted a home study and facilitated visitation in the home of the relative, when the relative has not filed a motion pursuant to R.C. 2151.353(A)(3) requesting custody.”

MOYER, C.J., and O’CONNOR, J., dissent.

The conflict cases are In re Perez, 135 Ohio App.3d 494, and In re Farace (Dec. 31, 1997), Scioto App. No. 96CA2469.