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Common Pleas Court Has Jurisdiction Over Nursing Access Case
The Court of Appeals, Ninth Judicial District, holds that the lower court correctly transferred a case from probate court to the court of common pleas because it had jurisdiction. In Morris v. Ohio Department of Job and Family Services (Ohio Ct. App. No. 30247, December 29, 2023).
Due to uncontrolled diabetes, Mr. Ricky Dean Morris was placed in a nursing facility. Because he also had a developmental disability, the Ohio Department of Mental Health and Addiction Services (Ohio MHAS) reviewed whether he needed nursing home placement via a Pre-Admission Screening and Resident Review (PASRR). The screening and review denied him nursing home services. The PASRR found that he had no doctor’s orders for skilled rehabilitative therapies, did not need inpatient psychiatric services, and could access community-based support and services, which could help him with his medication.
Through his guardian, he requested a hearing on the determination. The hearing officer recommended overruling his appeal because he only received diabetes care at the facility, could travel independently, and did not need inpatient psychiatric care. His appeal was overruled.
He next brought an administrative appeal to the Appellee Ohio Department of Job and Family Services (ODJFS). While that appeal was pending, he filed a notice of appeal to the Summit County Court of Common Pleas, Probate Division. The ODJFS moved to dismiss or transfer the appeal. Concluding that it lacked jurisdiction, the probate court certified the appeal to the court of common pleas.
Mr. Morris motioned to transfer the appeal back to the probate division, arguing that the issues were related to the protection and control of a ward. The trial court denied the motion and affirmed the transfer, and this appeal followed.
On appeal, Mr. Morris argues that the common pleas court erred by not transferring the appeal to the probate court and by asserting jurisdiction over him. He argued that the probate court had exclusive in rem jurisdiction over him.
The precedent from a similar case, Johnson v. Ohio Department of Job and Family Services, undermines Mr. Morris’ arguments. Per Johnson, this court has jurisdiction over an administrative appeal. The probate court lacks exclusive jurisdiction.
The third argument Mr. Morris presents is that he was not subject to the PASRR assessment. According to Mr. Morris, the Ohio Department of Developmental Disabilities (DODD) ruled him out. A letter from DODD indicated that it decided he would not need further review. He claimed that DODD’s decision not to review him barred Ohio MHASfrom also reviewing him.
However, both entities may perform independent resident reviews. Their reviews are different. Ohio MHAS evaluations concern serious mental illness, while DODD assessments pertain to developmental disability. Although Mr. Morris attempted to use statutes to support his argument, those he cited do not pertain to the kind of review he had.
The Ninth Judicial District Court of Appeals overrules Mr. Morris’ assignments of error and affirms the judgment of the Summit County Court of Common Pleas.
No Jurisdiction Over Trust Where Trustee Not Named in Suit
The Texas Court of Appeals conditionally granted the relator's writ of mandamus and ordered the trial judge to vacate its order for the return of equipment and proceeds issued against the relator in his capacity as trustee, even though the...
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Common Pleas Court Has Jurisdiction Over Nursing Access Case
The Court of Appeals, Ninth Judicial District, holds that the lower court correctly transferred a case from probate court to the court of common pleas because it had jurisdiction. In Morris v. Ohio Department of Job and Family Services (Ohio Ct. App. No. 30247, December 29, 2023).
Due to uncontrolled diabetes, Mr. Ricky Dean Morris was placed in a nursing facility. Because he also had a developmental disability, the Ohio Department of Mental Health and Addiction Services (Ohio MHAS) reviewed whether he needed nursing home placement via a Pre-Admission Screening and Resident Review (PASRR). The screening and review denied him nursing home services. The PASRR found that he had no doctor’s orders for skilled rehabilitative therapies, did not need inpatient psychiatric services, and could access community-based support and services, which could help him with his medication.
Through his guardian, he requested a hearing on the determination. The hearing officer recommended overruling his appeal because he only received diabetes care at the facility, could travel independently, and did not need inpatient psychiatric care. His appeal was overruled.
He next brought an administrative appeal to the Appellee Ohio Department of Job and Family Services (ODJFS). While that appeal was pending, he filed a notice of appeal to the Summit County Court of Common Pleas, Probate Division. The ODJFS moved to dismiss or transfer the appeal. Concluding that it lacked jurisdiction, the probate court certified the appeal to the court of common pleas.
Mr. Morris motioned to transfer the appeal back to the probate division, arguing that the issues were related to the protection and control of a ward. The trial court denied the motion and affirmed the transfer, and this appeal followed.
On appeal, Mr. Morris argues that the common pleas court erred by not transferring the appeal to the probate court and by asserting jurisdiction over him. He argued that the probate court had exclusive in rem jurisdiction over him.
The precedent from a similar case, Johnson v. Ohio Department of Job and Family Services, undermines Mr. Morris’ arguments. Per Johnson, this court has jurisdiction over an administrative appeal. The probate court lacks exclusive jurisdiction.
The third argument Mr. Morris presents is that he was not subject to the PASRR assessment. According to Mr. Morris, the Ohio Department of Developmental Disabilities (DODD) ruled him out. A letter from DODD indicated that it decided he would not need further review. He claimed that DODD’s decision not to review him barred Ohio MHASfrom also reviewing him.
However, both entities may perform independent resident reviews. Their reviews are different. Ohio MHAS evaluations concern serious mental illness, while DODD assessments pertain to developmental disability. Although Mr. Morris attempted to use statutes to support his argument, those he cited do not pertain to the kind of review he had.
The Ninth Judicial District Court of Appeals overrules Mr. Morris’ assignments of error and affirms the judgment of the Summit County Court of Common Pleas.
Common Pleas Court Has Jurisdiction Over Nursing Access Case
<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img alt="Special Needs Answers case summary." src="https://cdn.elderlawanswers.com/common/uploads/photos/19452-ASNP Badge Case Summary.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:356px" />The Court of Appeals, Ninth Judicial District, holds that the lower court correctly transferred a case from probate court to the court of common pleas because it had jurisdiction. </span></span><span style="font-size:14.0pt"><a href="https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2023/2023-Ohio-4826.pdf" target="_self"><em><span style="color:#0e101a">In Morris v. Ohio Department of Job and Family Services</span></em></a><span style="color:#0e101a"> (Ohio Ct. App. No. 30247, December 29, 2023).</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Due to uncontrolled diabetes, Mr. Ricky Dean Morris was placed in a nursing facility. Because he also had a developmental disability, the Ohio Department of Mental Health and Addiction Services (Ohio MHAS) reviewed whether he needed nursing home placement via a Pre-Admission Screening and Resident Review (PASRR). The screening and review denied him nursing home services. The PASRR found that he had no doctor’s orders for skilled rehabilitative therapies, did not need inpatient psychiatric services, and could access community-based support and services, which could help him with his medication. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Through his guardian, he requested a hearing on the determination. The hearing officer recommended overruling his appeal because he only received diabetes care at the facility, could travel independently, and did not need inpatient psychiatric care. His appeal was overruled. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">He next brought an administrative appeal to the Appellee Ohio Department of Job and Family Services (ODJFS). While that appeal was pending, he filed a notice of appeal to the Summit County Court of Common Pleas, Probate Division. The ODJFS moved to dismiss or transfer the appeal. Concluding that it lacked jurisdiction, the probate court certified the appeal to the court of common pleas. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">Mr. Morris motioned to transfer the appeal back to the probate division, arguing that the issues were related to the protection and control of a ward. The trial court denied the motion and affirmed the transfer, and this appeal followed. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">On appeal, Mr. Morris argues that the common pleas court erred by not transferring the appeal to the probate court and by asserting jurisdiction over him. He argued that the probate court had exclusive <em>in rem </em>jurisdiction over him. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The precedent from a similar case, </span></span><span style="font-size:14.0pt"><a href="https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2023/2023-Ohio-4629.pdf" target="_self"><em><span style="color:#0e101a">Johnson v. Ohio Department of Job and Family Services</span></em></a><span style="color:#0e101a">, undermines Mr. Morris’ arguments. Per <em>Johnson</em>, this court has jurisdiction over an administrative appeal. The probate court lacks exclusive jurisdiction. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The third argument Mr. Morris presents is that he was not subject to the PASRR assessment. According to Mr. Morris, the Ohio Department of Developmental Disabilities (DODD) ruled him out. A letter from DODD indicated that it decided he would not need further review. He claimed that DODD’s decision not to review him barred Ohio MHAS<strong> </strong>from also reviewing him.</span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">However, both entities may perform independent resident reviews. Their reviews are different. Ohio MHAS evaluations concern serious mental illness, while DODD assessments pertain to developmental disability. Although Mr. Morris attempted to use statutes to support his argument, those he cited do not pertain to the kind of review he had. </span></span></p>
<p><span style="font-size:14.0pt"><span style="color:#0e101a">The Ninth Judicial District Court of Appeals overrules Mr. Morris’ assignments of error and affirms the judgment of the Summit County Court of Common Pleas. </span></span></p>
<p><span style="font-size:14.0pt"><a href="https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2023/2023-Ohio-4826.pdf" target="_self"><span style="color:#4a6ee0">Read the full opinion</span></a>.</span></p>
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The Court of Appeals, Ninth Judicial District, holds that the lower court correctly transferred a case from probate court to the court of common pleas because it had jurisdiction. In Morris v. Ohio Department of Job and Family Services (Ohio Ct. App. No. 30247, December 29, 2023).
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