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Mahoning probate court makes history with 1st video hearing
Mahoning County Probate Court made history on April 10 when Judge Robert Rusu Jr. conducted the court's first video hearing. The hearing, which utilized the video conferencing solution Lifesize, allowed Boardman residents Matt and Megan Gambrel to officially adopt their infant daughter, Erin Rose, while sharing the life-changing event with family and friends. Pictured here Megan and Matt Gambrel hold their two adopted daughters, half-sisters Allison (left) and Erin (right), with dog Coco in the center. (Photo courtesy of the Gambrel family.)
SHERRY KARABIN
Legal News Reporter
Published: May 7, 2020
Boardman residents Matt and Megan Gambrel had been planning on adopting their infant daughter, Erin Rose, for months.
They selected April 10 as the date for the formal proceeding, which was to be followed by a large gathering of family and friends. Erin is the half-sister of their other adopted daughter Allison, who they officially welcomed to the family on Good Friday in 2019. They were hoping to hold Erin’s big day on the same religious holiday.
“April 10 was also the date that worked well for our relatives and we wanted to have everyone there for Erin as we did for her big sister Allison,” said Matt, a solo practitioner in Canfield, who focuses on probate and criminal defense matters.
But as the COVID-19 pandemic took hold in the United States, social distancing rules were imposed throughout Ohio, including in Mahoning County Probate Court, where Judge Robert Rusu Jr. was to conduct the adoption finalization hearing.
“We did not want to postpone so we figured it was going to be the three of us with the judge or that it might have to be done by phone conference,” said Matt.
But thanks to an almost $11,000 Ohio Supreme Court technology grant the court was able to purchase video equipment and a remote conferencing solution that enabled the Gambrels to share their special moment with those closest to them after all.
“I had been thinking about doing video conferencing for about two years to make it easier for the elderly and people who had to travel a long distance to get to court,” said Judge Rusu. “The COVID-19 pandemic made it essential.”
Judge Rusu applied for the grant on March 24; three days later the money was in hand. The funding covered the purchase of the equipment, including a 55-inch television, a TV cart, an audio base unit and a one-year subscription to the audio, web and video conferencing solution Lifesize.
Lifesize can accommodate a large number of individuals or groups at the same time and is extremely user-friendly.
“We send the participants a link in their email or on their smartphones,” said Judge Rusu. “All they have to do is click on the link and they are taken to a virtual room, where the participants appear in small boxes with their names underneath.
“When someone speaks the person’s picture enlarges on the screen so everyone knows who is speaking,” said Judge Rusu. “There is nothing to be downloaded so it does not require much technical knowledge.”
On April 9, the Gambrels were asked to pre-test the new service, which the judge said worked perfectly.
The next morning at 10 a.m., Mahoning County Probate Court held its first video hearing in the court’s more than 150-year history.
“We sent 21 links to friends and family,” said Matt. “Some of the links were used by a single individual; in other cases, a link was used by a group of people.”
The Gambrel family and their lawyer also participated via video.
“It really was the next best thing,” said Matt.
“We didn’t really know what to expect, but it turned out great,” said Megan, in-house counsel at ReliabilityFirst in Independence, Ohio. “It was just as meaningful as an in-person adoption would have been and we were all very happy.
“We are so appreciative that the court offered us this chance,” Megan said. “When you adopt, there is a waiting period and it does not really feel like it’s official until you have the final proceeding. I would definitely recommend it to families who are waiting to finalize adoptions in the middle of the pandemic.”
For the Gambrels, who are now settling into raising their new family, adoption is a way of paying things forward.
“I was adopted and it worked out great for me so now we want to give the same chance to our two girls,” said Matt.
“We were on the waiting list for about two or three years before we were matched with our first daughter, Allison,” said Matt. “About a year after we adopted Allison, her mother’s lawyer called to let us know she was pregnant again and to see if we might want another child. We had about two weeks to get ready for Erin, but we wanted to make it happen.”
The first time around, the Gambrels packed the probate court with about 40 family members; on April 10 the congratulations were delivered via Lifesize, and in some cases, during extended chats on FaceTime.
“The video service created a very unique memory and we still have plenty of photos to show Erin when she is older,” said Matt.
On April 14, Judge Rusu began using Lifesize to hold bi-weekly hearings for participants in Fresh Start Court, an assisted outpatient treatment program for those with serious mental illness.
“Fresh Start is one of our specialized dockets,” said Judge Rusu. “We work with the Mahoning County Mental Health & Recovery Board to identify individuals with persistent mental illness who were either arrested or ‘pink-slipped’ to the hospital and need to be monitored after they are discharged to make sure they take their medication.
“Every two weeks they are supposed to come before the court to have a check-in hearing so they stay on track,” he said. “Now because of the quarantine they can’t come to court, so this is a way to make sure they are doing what they are supposed to do.”
In the near future, Judge Rusu plans to use Lifesize to conduct mental health hearings for patients who are hospitalized due to a psychiatric condition.
“When a person is detained, the individual can be held in the hospital for up to three court days,” said Judge Rusu. “At the end of the period, the person either has to be discharged or if the doctor believes the person needs further treatment, a hearing is conducted.
“Prior to the pandemic, we held these hearings in the hospital,” he said. “Lifesize will eliminate the need for anyone to go to the hospital because we can hold the hearings remotely.”
In addition, Judge Rusu said he is also going to allow social workers to provide remote updates on children who have recently been placed with families that are waiting for adoption finalizations.
“The social workers normally appear in court to provide verbal updates on the children,” said Judge Rusu. “They discuss how they are adjusting to their new homes and report any potential problems.
“I am going to allow them to give me their recommendations remotely. However, the court will still require them to file a written report as they do now.”