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Abstract

This article will endeavor to show that the Ohio Supreme Court’s ruling in In re C.R. makes it too difficult for parents to retain custody of their own children. By exploring United States Supreme Court precedent, it will be shown that the rule emerging from In re C.R. does not pass procedural due process muster. It will also be shown that the Ohio Supreme Court disregarded its own precedent and in doing so, created a rule that undermines the policies of its own juvenile law system. By providing the rudiments of juvenile jurisprudence, the facts and decision of In re C.R., and an analysis that shows the Ohio Supreme Courts’ oversights and errors in its decision, the author hopes to persuade Ohio lawmakers to reevaluate the way that juvenile court custody cases should be conducted in the future.

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