Adoptive Mother Appeals Juvenile Court Jurisdiction Ruling by Judge Anthony Capizzi to Ohio Supreme Court

On Thursday, March 14, 2024, Katherine Snyder, the adoptive mother of five children, filed a notice of appeal with the Supreme Court of Ohio regarding a ruling made by Judge Anthony Capizzi in Hamilton County Juvenile Court.

The case stems from allegations made in 2016 by the Hamilton County Department of Job and Family Services that Snyder’s adopted children were abused, neglected, and dependent. The children were initially placed in the temporary custody of their aunt and uncle in New York. The case has been ongoing in juvenile court for several years and has involved multiple complaints and dismissals.

Most recently, in December 2021, Judge Capizzi granted legal custody of the children to their aunt and uncle, the Saywards, in New York. However, the First District Court of Appeals reversed this decision in 2022, finding that the juvenile court had failed to hold a timely dispositional hearing. The appeals court remanded the case back to juvenile court with an order to dismiss the complaint.

After dismissing the complaint, HCJFS refiled it in juvenile court. Snyder then filed a motion to dismiss, arguing that under the Uniform Child Custody Jurisdiction and Enforcement Act, the juvenile court no longer had jurisdiction over the custody determination of the children since they had been living in New York with their aunt and uncle for five years.

Judge Capizzi denied Snyder’s motion, finding that Ohio still had jurisdiction under the act. Snyder then filed a writ of prohibition in the First District Court of Appeals, seeking to prevent Judge Capizzi from continuing to exercise jurisdiction, arguing he was doing so in an unauthorized manner.

In a January 31, 2024, opinion, the appeals court denied Snyder’s writ. The court found that despite the children living in New York, no other state qualified as their home state under the custody act. The court also determined that Ohio had significant connection jurisdiction given the children and parents’ prior ties to the state and that substantial evidence remained available in Ohio.

Now, Snyder is appealing the First District’s ruling to the Supreme Court of Ohio. It remains to be seen whether the state high court will agree to hear the appeal.

A copy of the original filing can be found here.