State ex rel. Portage County Welfare Dept. v. Summers

The question presented in this case is whether a “certified organization,” as defined in E. C. 3107.01(C), by its failure to consent to an adoption, can deprive the Probate Court of jurisdiction over an adoption proceeding.

The granting of a writ of prohibition is not warranted unless it is shown that the imminent exercise of judicial power amounts to an unauthorised usurpation of judicial power. State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6, 8.

Thus, our threshold inquiry herein is directed to ascertaining the authority of a Probate Court to exercise judicial…