Ninth District Decisions for August 27, 2013

In re S.H., 2013-Ohio-3708  reversed a decision by the Medina County Probate Court denying the application of a guardian for a child whose parents are Amish. The child is being treated for cancer. Her physician wanted to continue chemotherapy, but the child and her parents were opposed to more chemotherapy. The Medina County Probate Court had held that since there was no evidence that the parents were unfit or unsuitable and therefore the application should be denied. 

The case was heard by the Court of Appeals for the Fifth Appellate District since the Court of Appeals for the Ninth Appellate District had recused itself. The Court of Appeals reversed finding that R.C. 2111.06 allows for the appointment of a guardian for medical reasons without a finding that the parents are unfit or unsuitable. The Court of Appeals noted that the trial court had relied on case law, but the Court of Appeals found that R.C. 2111.06 controlled and that there was no need to resort to case law. 

The case was remanded back to the Medina County Probate Court to determine whether a guardian should be appointed without reference to whether the parents were unfit or unsuitable.