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Cox v. Franklin Cty. Court of Common Pleas12/13/1988
REILLY, J.
Relator, Janet Cox, has filed this original action requesting a writ of prohibition ordering the respondent court to cease the exercise of juvenile court jurisdiction over her in a dependency and neglect action. The case was referred to a referee, pursuant to Civ. R. 53.
The referee rendered a report on November 1, 1988, including findings of fact and conclusions of law. He recommended that a writ of prohibition issue ordering the respondent court to cease its exercise of juvenile court jurisdiction over relator, an adult over the age of eighteen years.
The respondent court appointed the Franklin County Public Defender as guardian ad litem for relator's unborn child. The guardian ad litem has moved to intervene and the referee has recommended the allowance of intervention in this case. The motion is sustained.
The parties have filed briefs in support of, as well as in opposition to, the referee's report.
The issue in this action was previously defined by journal entry, dated October 26, 1988, which stated, in pertinent part, as follows:
"* * * The Court notes various references in the memoranda filed herein by counsel to issues that are not before this Court including whether a fetus is a 'child' or 'person' within the meaning of various statutes and whether the trial court has jurisdiction over a fetus. Those are not issues herein and are not determined, even temporarily, hereby. The sole issue before this Court is whether the respondent court, a juvenile court, has been conferred jurisdiction over the person and body of a pregnant woman so as to control her personal life for the benefit of the unborn child she is carrying, and not whether the state may exercise such control through some appropriately adopted statutes * * *."
The record in this case depicts a deplorable factual situation and presents a very legitimate problem of public concern. The basic task before this court, however, is the application of the current law within the focus established by the above entry.
The referee made the following pertinent findings of fact:
"1. Relator, Janet Cox, is more than eighteen years of age.
"2. Respondent is the FranklisCounty Court of Common Pleas, Division of Domestic Relations, which has been granted the powers and jurisdiction of a juvenile court as provided by R.C. Chapter 2151.
"3. On September 15, 1988, a complaint was filed in the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch. The complaint was styled 'In the Matter of Unborn Child Cox' and assigned case number 88JU-09-6153. The complaint alleges in pertinent part:
"`2151.03(B)
"'Neglected child
"`Child lacks proper parental care and supervision due to the faults and habits of the parents, to wit: Mother is approximately seven (7) months pregnant with this child. Mother is a known drug user and has used cocaine and opiates throughout her pregnancy. Mother is now on the methadone program for her drug problem. Mother has failed twenty-three (23) drug screenings during her pregnancy. Father also abuses drugs and had been hospitalized this year after injecting a potentially lethal dose of drugs. Mother has refused prenatal care for the child and father has not reinforced the importance of prenatal care. Parents have four other children who are all in relative placement with permanent custody proceedings pending in this court. Fetus is being subjected to a life threatening situation by the parents. Child is in need of protection.
"'SECOND CAUSE OF ACTION
"'Depend
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