In re K.M.
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The Supreme Court reversed the judgments of the court of appeals and remanded these cases to the juvenile court to enter orders of dismissal without prejudice, holding that Ohio Rev. Code 2151.35(B)(1) mandates the dismissal of a case if a juvenile court fails to conduct a dispositional hearing within ninety days of the filing of a complaint alleging that a child is abused, neglected or dependent.
These cases involved two mothers and their children. Complaints were filed alleging the children to be abused and/or dependent. The mothers filed motions to dismiss arguing that section 2151.35(B)(1) required dismissal because the court had failed to hold its dispositional hearing within ninety days of the filing of the complaints. The juvenile court magistrates denied the motions. The magistrates found the children dependent and abused, and the juvenile courts adopted the magistrate's decisions. The court of appeals concluded that both mothers implicitly waived their right to a ninety-day disposition. The Supreme Court reversed, holding that because the magistrates did not hold disposition hearings within the ninety-day period the juvenile court erred by failing to enter orders of dismissal without prejudice.
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