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· 6/4/2024

In re of A.G.

Citations

  • 2024 Ohio 2136

Syllabus

Judgment affirmed in part, reversed in part, and cause remanded. The juvenile court was not required to make a reasonable efforts determination under R.C. 2151.419 at a permanent custody hearing under R.C. 2151.414, but it did not err by addressing the issue. However, the juvenile court erred by not conducting the inquiry required of 25 C.F.R. 23.107(a), under which a juvenile court \must ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child.\ The inquiry is mandatory under the Indian Child Welfare Act, 25 U.S.C. 1901 et seq. Because remand is required so that the juvenile court may conduct the 25 C.F.R. 23.107(a) inquiry, and such an inquiry may result in the juvenile court losing jurisdiction over the case, the merits of the R.C. 2151.414 determination granting the motion for permanent custody are not reached at this time.

Judges: Mentel

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