In re Miller

We hold that R. C. 2151.38 is inapplicable to a proceeding for approval of a permanent surrender agreement under R. C. 5103.15 and 5153.16(B). Hence, R. C. 2151.38 does not bar the filing of a motion to vacate a R. C. 5153.16(B) consent, and we reverse the Court of Appeals in this regard.

R. C. 2151.38 reads, in pertinent part:

“When a child is committed to***the permanent custody of a* * * county children services board,* * *the jurisdiction of the juvenile court in respect to the child so committed shall cease and terminate at the time of commitment, except that if the* * * board* * * having…