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IN RE J.S.

No. 08CA26.

2009 Ohio 1621

In the Matter of J.S., Adjudicated Dependant Child, and A.A.S., Jr., Adjudicated Abused, Neglected, and Dependent Child.

Court of Appeals of Ohio, Fourth District, Athens County.

Released: March 30, 2009.

Attorney(s) appearing for the Case

David J. Winkelmann and William Biddlestone, Athens, Ohio, for Appellants George Spears and Nancy Spears.

C. David Warren, Athens County Prosecuting Attorney, and George Reitmeier, Athens County Assistant Prosecuting Attorney, for Appellee Athens County Children Services.

DECISION AND JUDGMENT ENTRY

McFARLAND, J.

{¶1} Appellants, George Spears and Nancy Spears, appeal the decision of the Athens County Court of Common Pleas, Juvenile Division, adjudicating their grandson, J.S., a dependant child. Because the trial court made its determination based upon the behavior of the child's father, and not upon the child's care, condition and environment, the trial court's decision is reversed and the case is remanded...

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