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In September, 2020, APSAC filed their first amicus brief in this case, requesting that the Supreme Court of Ohio agree to hear the case because it addressed a matter of great general importance. On December 2, 2020, the Court issued a decision to accept jurisdiction of the case. For a summary of facts and procedural history, see blog post on Smathers v. Glass, 2020.
On February 16, 2021, the plaintiffs and three amici filed merit briefs with the Supreme Court of Ohio. The Ohio Association for Justice, Child USA, and APSAC all filed amicus briefs on the merits of the case. APSAC provided expert information on Intrafamilial Child Torture, child fatalities due to maltreatment, and known risk factors for a fatality. APSAC also provided expert information on child welfare risk assessment, safety planning, and decision-making, with reference to Ohio child welfare law and federal requirements under CAPTA. Relevant portions of Ohio child welfare law were analyzed to argue that CPS behaved in a wanton, reckless, and bad faith manner, and therefore does not qualify for government immunity. In fact, falsifying the risk assessments may rise to the level of criminal behavior.
The plaintiff’s merits brief asks the court to adopt six propositions of law, related to the errors of the trial court and appellate court.
The Supreme Court of Ohio has yet to set a date for oral arguments. The pleadings in this case are available at:
https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2020/1062
Tags:
Amicus Committee
