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IN RE CUNNINGHAM

No. 78-1271.

59 Ohio St. 2d 100 (1979)

IN RE CUNNINGHAM, A DEPENDENT CHILD.

Supreme Court of Ohio.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Mr. Kennedy Clare Sharrock, for appellant Lucas County Children Services Board.

Mr. Jay Jeffrey Lowenstein, guardian ad litem, for appellant Shannon Cunningham.

Mr. Morton E. Leveton, for appellee William Cunningham.

CELEBREZZE, C. J.

The sole issue raised on this appeal is whether the Court of Appeals erred in modifying the dispositional order of the trial court. More specifically, the question is whether after there has been an adjudication and finding of "dependency," as defined in R. C. 2151.04 (A), a Juvenile Court judge, as a prerequisite to an award of permanent custody pursuant to R. C. 2151.353(D), is required to make a separate finding of parental unfitness. Although...

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