Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted November 9, 2005.
Decided October 25, 2006.
Attorney(s) appearing for the Case
David P. Joyce, Geauga County Prosecuting Attorney, and Brian M. Richter, Assistant Prosecuting Attorney, for appellant Geauga County Job and Family Services.
Pamela Walker Makowski, for appellee Amy Schaefer.
McNamara, Hanrahan, Callender & Loxerman, and Amy Marie Freeman, for appellee Damian Xavier Schaefer.
Jones Day and Brian G. Selden, urging reversal for amici curiae Eric and Katherine M.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Joseph C. Young, Assistant Prosecuting Attorney, urging reversal for amicus curiae Cuyahoga County Department of Children and Family Services.
Supreme Court of Ohio.
PFEIFER, J.
Factual and Procedural Background
{¶ 1} Damian Xavier Schaefer ("Damian") was born on July 5, 2003. Ten days later, Geauga County Job and Family Services ("GCJFS") filed a complaint in Geauga County Juvenile Court alleging that Damian was abused and dependent. Damian had been born premature and tested positive for cocaine; GCJFS alleged that his mother, appellee Amy Schaefer, used cocaine while pregnant with Damian...
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