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State, ex Rel. Renfro, v. Dept. of Human Serv

Supreme Court of Ohio
Apr 25, 1990
50 Ohio St. 3d 267 (Ohio 1990)

Opinion

No. 89-1121

Submitted March 6, 1990 —

Decided April 25, 1990.

Public records — Mandamus — Limited writ ordering Cuyahoga County Department of Human Services to produce records pertaining to the removal of foster child from foster parents' custody granted, when — Records to be submitted to Supreme Court for in camera inspection — R.C. 149.43.

IN MANDAMUS.

Richard J. Marco, for relators.

John T. Corrigan, prosecuting attorney, Colleen C. Cooney and Michael Pokorny, for respondent.


In this original action, relators, Ralph A. and Diane Renfro, seek a writ of mandamus ordering respondent, the Cuyahoga County Department of Human Services, to produce for inspection certain records pertaining to the removal of a foster child from their custody. Respondent asserts, inter alia, that the records are excepted from the mandatory disclosure requirements of R.C. 149.43, the public records law, and relators have challenged that assertion. Accordingly, we hereby grant a limited writ directing respondent to submit the requested records to this court under seal for an in camera inspection, on the authority of State, ex rel. Natl. Broadcasting Co., v. Cleveland (1988), 38 Ohio St.3d 79, 526 N.E.2d 786, paragraph four of the syllabus.

MOYER, C.J., GWIN, WRIGHT, H. BROWN and RESNICK, JJ., concur.

HOLMES and DOUGLAS, JJ., separately dissent.

W. SCOTT GWIN, J., of the Fifth Appellate District, sitting for SWEENEY, J.


I would deny the writ.


I respectfully dissent. I would grant the requested writ for those reasons stated in my dissent in State, ex rel. Polovischak, v. Mayfield (1990), 50 Ohio St.3d 51, 54, 552 N.E.2d 635, 638.


Summaries of

State, ex Rel. Renfro, v. Dept. of Human Serv

Supreme Court of Ohio
Apr 25, 1990
50 Ohio St. 3d 267 (Ohio 1990)
Case details for

State, ex Rel. Renfro, v. Dept. of Human Serv

Case Details

Full title:THE STATE, EX REL. RENFRO ET AL., v. CUYAHOGA COUNTY DEPARTMENT OF HUMAN…

Court:Supreme Court of Ohio

Date published: Apr 25, 1990

Citations

50 Ohio St. 3d 267 (Ohio 1990)
553 N.E.2d 1052

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