In re D. S., 2009 Ohio 202 (Ohio App. 1/21/2009), C. A. No. 24255.

• Court: United States Court of Appeals (Ohio)
• Writing for the Court: Carr
• Citation: 2009 Ohio 202
• Decision Date: 21 January 2009
• Docket Number: C. A. No. 24255.
• Parties: In re: D. S., D. S., and K. S.

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2009 Ohio 202 In re: D. S., D. S., and K. S. C. A. No. 24255. Court of Appeals of Ohio, Ninth District, Summit County. Dated: January 21, 2009.

Appeal from Judgment Entered in the Court of Common Pleas, County of Summit, Ohio, Case Nos. DN05-08-0644, DN05-08-0645, DN06-12-1202.

Charles W. Olminsky, Jr., Attorney at Law, for Appellant.

Sherri Bevan Walsh, Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for Appellee.

Becky Blair, Attorney for Children's Rights Council.

DECISION AND JOURNAL ENTRY

CARR, Judge.

{¶1} This appeal is from a judgment of the Summit County Court of Common Pleas, Juvenile Division, that terminated an injunction and allowed Summit County Children Services Board ("CSB") to remove three minor children from the home of prospective adoptive parents. The appeal was filed by an attorney who purported to represent the three children at issue. This Court dismisses the appeal because the attorney was not an authorized representative of the children and had no authority to file an appeal on their behalf.

I.

{¶2} In August 2005, CSB filed complaints alleging that the two older children at issue in this case, D.S., born September 19, 2004, and D.S., born August 19, 2005, were dependent and abused. A younger sibling, K.S., was born during the pendency of the case and was also removed from her parents' custody.

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{¶3} On September 6, 2005, the trial court appointed an attorney to represent the children in the dual capacity of attorney and guardian ad litem. After the youngest child was added to the case, the trial court appointed the same attorney to represent her as both attorney and guardian ad litem. That attorney has continued to represent all three children as attorney and guardian ad litem throughout the proceedings.

{¶4} The parents later voluntarily relinquished their parental rights and, on July 30, 2007, the trial court placed D.S., D.S., and K.S. in the permanent custody of CSB. On August 10, 2007, the children were placed in the home of Randall and Donna Sandy, with a goal that the Sandys would adopt them. By April 2008, however, the Sandys had apparently become aware that CSB planned to remove the children from their home and place them in another home pending adoption.

{¶5} On April 14, 2008, Attorney Charles W. Olminsky, Jr. filed a one-page notice of appearance, indicating that he was representing the three minor children. Three days later, Olminsky filed a motion on behalf of the Sandys, seeking injunctive relief to prevent CSB from removing the children from the Sandy home and to prevent CSB from taking the children to a pre-placement visit with the other family. The trial court enjoined CSB from conducting a pre-placement visit and/or moving the children and...