GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

man walking in woods with young daughter

gal partjes release of informationIn Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school.  Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved.  Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:

“Upon presentation of a copy of this court order, issued in compliance with 45 C.F.R. 164.512, to any agency, hospital,

… Read More... “GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

conciliation dissolution mediation ohioThis was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions.  I asked my paralegal, Robin Lovins, to investigate the answer for me.  That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.

A Dissolution Can End Up In Mediation. The Conciliation Process Differs in Both Warren and Montgomery County

In the Montgomery County Domestic Relations Court, after a Petition … Read More... “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Ohio Domestic Relations and Juvenile Forms Translated in Five Languages

Ohio Supreme Court Translates Domestic Relations and Juvenile Standardized Forms into Spanish, Russian, French, Chinese, and Arabic For Public Download

ohio domestic relations formsOver the years, the U.S. Department of Justice has fashioned several consent decrees with several states and has negotiated with them to meet their obligation to provide language access.  Ohio has been active for years in supporting the rights of people in the court system whose English ability is limited.

Last month, the Ohio Supreme Court expanded these services and translated more than two dozen domestic relations and juvenile forms in five additional languages.  The translated forms allow parties with limited English to have a better understanding of court cases involving children and families.

The forms  are now also available in the most used languages in Ohio, including Spanish, Russian, French, Chinese, and Arabic.  When individuals need a domestic relations form in one of these languages, they can click on “Select Another Language.”  There they can find both a Word document and PDF file in the languages.

The Domestic Relations Forms 1-28 and Juvenile Forms 1-10 (DR forms 19-28) are available, by clicking on this link in an interactive PDF format so they may be completed online and printed.  … Read More... “Ohio Domestic Relations and Juvenile Forms Translated in Five Languages”

Divorce: Dividing Property, Assets & Debts in Ohio

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

divorce property marriage ohioDepending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the marriage is generally divided “equitably”.  While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, an equal division is presumed to be the starting point. The Court hopes to end up with a decision, that when viewed as a whole, leaves both parties with roughly equal shares of the marital estate.

If a spouse inherits property (or is gifted specific property during the course … Read More... “Divorce: Dividing Property, Assets & Debts in Ohio”

Supervised Visitation and the Role of Human Service Departments

What Are The Basic Types And Goals Of Supervised Visitation?

supervised visitationSupervised child visitation can be indicated in cases involving custody; shared parenting; grandparent custody or visitation; divorce; legal separation; post-decree matters; emergency custody situations; abuse/neglect/dependency cases; concerns about parental abduction; and, reintroduction of a parent after a long absence.

Child visitation can be restricted or denied if a court finds that allowing regular visitation would endanger a child’s physical or emotional health.  In numerous situations, courts may order child visitation by stipulating how often visits are to occur, with whom, and whether the visits are to be supervised by a human services employee or some other responsible adult.  If there are protection and safety concerns the visits are supervised.

Such supervised visits also provide an opportunity for workers to observe and document parent-child interactions.

Types and Goals of Supervised Visitation

In many states there are three basic types of supervised visitation providers:  volunteers, paid professionals, or paid therapeutic providers. The latter two categories may include department of human services employees or their contractors. Their role is to protect the integrity of the visit and to provide a positive atmosphere where a parent and child can interact in a safe, structured … Read More... “Supervised Visitation and the Role of Human Service Departments”

Adoption in Ohio: Sweeping Changes May be on the Horizon

Proposed Changes To Ohio Adoption Laws Will Erode Putative Fathers’ Rights

Reduction In Contest Time To Favor Adoption Parents In The State Of Ohio

adoption ohio putative fathersOn January 29, 2014, the Ohio House of Representatives passed Substitute HB 307, the “Adoption Reform Bill” or, as dubbed by some, the “Make Adoption Cheap and Fast Bill.”  Ohio Right to Life groups advocated and lobbied for the Bill’s passage.  The Bill was proposed and passed in the general assembly with seventy seven (77) affirmative votes and only fourteen (14) negative votes.

Why is HB 307 important?

HB 307 is very important due to the significant time changes it imposes on putative fathers, the tax benefits it provides for adoptive families, and the clarifications it makes to previous legislation.  Many family-law practitioners are expressing concerns that the steep reduction in putative fathers’ rights further erodes the already declining rights of putative fathers in Ohio.  To be clear, a “putative father” is one believed to be the father of a child born out of wedlock (without benefit of marriage), unless proved otherwise.

What does HB 307 propose for putative fathers?

HB 307 sets forth six (6) substantial changes to the present statutes governing adoptions.  The … Read More... “Adoption in Ohio: Sweeping Changes May be on the Horizon”